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File #: 080102.    Version: Name: SOLID WASTE DISPOSAL (B)
Type: Ordinance Status: Adopted
File created: 10/16/2008 In control: City Attorney
On agenda: Final action: 11/6/2008
Title: SOLID WASTE DISPOSAL (B) Ordinance No. 0-08-67 An ordinance of the City of Gainesville, Florida, amending the City of Gainesville Code of Ordinances, relating to solid waste disposal; amending sec. 27-79(p) by removing outdated recycling goals; amending sec. 27-79.1 to remove outdated reference and clarifying term of franchise; amending sec. 27-80(a)(1) to clarify the frequency of payment of the franchise fee; amending Appendix A relating to fees for solid waste and recyclables by correcting a scrivener's or codifier's error and by providing for proration of franchise fees; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
Attachments: 1. 080102a_Ordinance Amendment_20080904.pdf, 2. 080102b_Ordinance Amendment_20080904.pdf, 3. 080102_solid waste disposal_20081016.pdf, 4. 080102_ordinance_20081106.pdf
title
SOLID WASTE DISPOSAL (B)

Ordinance No. 0-08-67
An ordinance of the City of Gainesville, Florida, amending the City of Gainesville Code of Ordinances, relating to solid waste disposal; amending sec. 27-79(p) by removing outdated recycling goals; amending sec. 27-79.1 to remove outdated reference and clarifying term of franchise; amending sec. 27-80(a)(1) to clarify the frequency of payment of the franchise fee; amending Appendix A relating to fees for solid waste and recyclables by correcting a scrivener's or codifier's error and by providing for proration of franchise fees; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
PUBLIC WORKS DEPARTMENT STAFF REPORT

The Public Works Department's Solid Waste Division is requesting to amend Article III of Division 2, Section 27-79.1 of the City of Gainesville's Code of Ordinances related to commercial solid waste collection franchise general provisions to remove an outdated reference and to clarify that new and renewal franchises terminate at 11:59 p.m. on September 30 of each year. The amendment also removes outdated language regarding recycling goals and provides language to support the current practice of franchise fee proration.

CITY ATTORNEY MEMORANDUM

The City Commission, at its meeting of September 4, 2008, authorized the City Attorney's office to prepare and the Clerk of the Commission to advertise the necessary ordinance relating to commercial solid waste. During preparation of this ordinance, the City Attorney's Office found that a scrivener's or codifier's error in Ordinance No. 050120, adopted in 2005, caused certain solid waste franchise fees to be inadvertently omitted from Appendix A. This error is being corrected in this ordinance by inserting the current fees (which have remained the same since 2005). ...

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