6117-97
ORDINANCE NO. 611797
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SOLID WASTE MANAGEMENT
ROLL-OFF SERVICES; AMENDING SECTIONS 32.292,
32.293, AND 32.296; AND ADDING NEW SECTIONS
32.298 AND 32.299 CLEARWATER CODE OF
ORDINANCES; AMENDING THE SCHEDULE OF FEES,
RATES AND CHARGES TO APPENDIX A FOR SOLID
WASTE ROLL-OFF CONTAINER SERVICE;
REASSIGNING CERTAIN DUTIES AMONG CITY
OFFICES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 32.292, Clearwater Code of Ordinances, is amended as follows;
Sec. 32,292. Application.
Every person required to procure the permit for roll-off container service provided for in
section 32.291 shall submit an application for such permit to the city manager-difester public
?<<ti woFks. The application shall:
(1) Be a written statement upon forms provided by the city. Such application form
shall include an affidavit to be sworn to by the applicant before a notary public of
the state.
(2) Require the disclosure of all information necessary in compliance with this
division.
(3) Be accompanied by a permit fee in the amount aet out in appendix A to this
Code.
(4) Be submitted to the city manager together with all
pertinent information required in this division, in order that a determination can
be made by the city manager.
(5) Contain a complete record of all arrests and convictions against the applicant
and every partner, officer or director of the applicant for violations of any and all
laws and ordinances of the city, county, state or federal government.
(6) Contain the names of employees responsible for the operation of applicant's
business, meaning those who will manage, administer and supervise the
business under the permit when issued, including the amount of experience
i possessed by each such employee. If such employee is other than a partner or
director of the applicant, then each such employee shall complete a city police
department background Information report, executed under oath, and submit to a
background investigation, photograph and fingerprints.
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(7) Contain the following additional information:
f"I's
(a) Number, type and size of waste collection vehicles in use;
(b) Number of employees assigned to each waste collection vehicle;
(c) Name and location of every establishment in the city, including short-term
construction sites, where roil-off containers are placed and serviced by
the applicant.
Section 2, Section 32.293, Clearwater Code of Ordinances, is amended to read as
follows:
Sec. 32.293. Prerequisites to issuance.
In determining whether or not a permit for the placement or servicing of roll-off
containers should be issued, the city manager shall consider and base his decision on the
following: ..
(1) A review of the material submitted pursuant to section 32.292;
(2) A review of all convictions of the applicant, the reasons therefor and the conduct
of the applicant subsequent to release;
(3) The license history of each applicant;
(4) The certificate of approval of the rjty manager dire e#?ublis-weds to the
effect that the applicant has satisfied the following:
(a) The adequacy of the equipment to be used;
(b) The applicant has agreed to remit to the city each month a fee as set out
in appendix A to this Code, and the applicant has agreed to furnish a
duplicate copy of the applicant's monthly billing;
(c) The applicant has agreed to make all books and records applicable to the
business conducted under the permit required by section 32.291
available to the city for inspection and audit;
(d) The applicant has provided a copy of a certificate of insurance
demonstrating that the applicant's employees performing work pursuant
to the permit are covered by workers' compensation insurance.
Section 3. Section 32.298, Clearwater Code of Ordinances, is amended as follows:
11.)
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Ordinance No. 6117.97
Sec. 32,296. Termination, denial, renewal.
(1) All permits for roll-off container service issued pursuant to this division shall be
valid for not more than one year and shall terminate on September 30 of each year.
(2) Each permit holder shall make a written application for renewal on forms
provided by the city_manaaer_ ' on or before October 1 of each calendar
year, which renewal application shall update the Information provided by the initial application
and shall be accompanied by a fee In the amount required for initial applications.
(3) Applications for renewal shall be processed In the same manner as an initial
application.
(4) No permits required by this division shall be renewed, and no new permit shall
be issued to any person unless the city manager determines that
the city is unable to collect, remove or dispose of certain garbage, rubbish and other
accumulations nee
appliGattlons
(5) Such permit may be terminated or denied by the city manager 's
works but only after the procedure set out in section 29.41(2) has been followed.
Notwithstanding the procedure set out in srg&n 29,41(2), appeal of the City Managers
decision to terminate or deny a new permit or-renewal shall be to the City_Commision.
(6) The granting or renewal of a permit pursuant to this division shall not be
construed as a grant of a franchise or of vested rights.
Section 4. Section 32.298. Rates. shall be added to the Clearwater Code of
Ordinances as follows:
Section 5. Section 32.299. Prohibition shall be added to the Clearwater Code of
Ordinances as follows:
Section 6. Appendix A, Section XXV. PUBLIC WORKS--FEES RATES AND
CHARGES, (5) Other miscellaneous charges, shall be amended as follows:
(5) Other miscellaneous charges:
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(b) ' Solid waste roll-off container service;
W Private service fees:
1. Permit fee to place or service containers. (§32.292(3))........$50.00
2. Monthly fee of 15 percent of the gross revenue billed by permit
holder from the installation -pull, disposal and servicing of roil-off
containers or compactors within the city for the preceding month,
including roll-off containers installed permanently and temporarily.
(Sec.32.293(4)(b)).
W Public service fees'
Monthly feeof 15-percent of the grgsa revenue billed-from tba
installation. pull. disposal and servicing_of roll-off containers or
coMpgr,t rrs within the city for the ece ing month, including roll-
offcontainerA installs Wmanently and tem oEarily.
container-one round trio.
.?L 2Q yd, - $82,0er mull
b,. 30_y-d. - $86.9 er pull
$9-1-3-01 per pull
Deposits.
51. Roll-off comp-actors.-A JAQQ deposit will be charc
each roll-off compactor.
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,? 4a 811?79?
Roll-Off service customers will be billed for a combination of the
pull charge, disposal fee and any other roll-off services rendered.
Other s_ eruice rharaes.
{
2. Rental. A $3 per day rental-charge-will be-assessed for
cQnfainers not pulled and dumped a minimum of once
each month.
L Rinse and deodorize $21.74.
Overload charge $50 for any container loaded above the
rim.
cost -of reps
Q. Enforcement. Any chprge5 asgegsgd against a city rpll-off
yahicle for overweight_or overloading will be paid by the
customer to whom the-containetserviceis rovi ed.
?va\
ma' taine pro e?riy and_can2ott be dumbed will be
returned to the owngr for repair and a pull charge
will be-assessed for, the , null aloha with disaasal fee and
other apprapjate?charges.
g, premium selyigg._ Any_.LQII-off service required mgt- duty
,
billed Jo the !;us
tourer at_time and_one- aif_or
paid will be
,
_
,150% of the established arose.
h. Placcement.gr retriQyal. A25Q cha[.gp will be gsgeased for
thee plpcernent or fetrieval Qf_a container requezted and not
used or returned empty without an associated pull charge.
L. Le ase and Sendce_Rates. Lease, and sendmrates for
co mpactors will be based upon the size, type
by the director Qf solid wasle.
Charges for roll-Qff service represents the target level of charges
fQr the services rendered fram_which the solid waste department
Mlill flex up or down to be cost effective while pmviding_ the-mos
economical aeN1ge to customers.
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Bos?? This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING January 9, 1997
PASSED ON SECOND AND FINAL January 23, 1997
READING AND ADOPTED
Rita Garvey, Mayor-Co issioner
Approved as to form and Attest:
legal sufficiency:
n Carassas, Asst. City Attorney Cynt a E. Goudeau, City Clerk
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s Ordinance No, 6117.97