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SR-503-001-02 (9) ... CA 77-135 RLK:jak Counc~l Mtg: 111llr77 It 503-oo/--LJZ- !'8 NDV 8 1917 Santa Monlca, Callfornla October 27, 1977 / l I' ~I --' . I'-~ f?,; 7? J~. I..c.-.. TO: Mayor and City Counc~l ( . f 1" . ;~_~;,~ FROM: C~ty Attorney ... SUBJECT: Increase of On-Site Refuse Charges Introduction This report transmlts the attached ordlnance relatlng to an lncrease in on-slte refuse charges for second readlng and adoptlon. Background The attached ord~nance was glven flrst read~ng and public hear~ng on October 25, 1977. A copy of the prevlous staff report 1S attached for ~nformatlon purposes. Alternative Solutlons Not applicable. Recommendations It 1S respectfully recommended that the City Counc~l lntroduce the attached ord~nance for second reading and adopt~on. Prepared by: Rlchard L. Knickerbocker, Clty Attorney ~8 NOY' 8 l'd/( CA77-l35 RLK:SIS:jak Councll l<ltg: 10-.-77 e ORDINANCE NO. 1072 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 52280 OF THE SANTA MONICA MUNICIPAL CODE, PERTAINING TO CHARGES FOR COLLECTION OF REFUSE FROM POINTS ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Sect~on 5228D of the Santa Mon~ca Munlcipal Code ~s hereby amended and shall read as follows: "Section 5228D. RENTAL OF RECEPTACLES FROM CITY. Notwithstanding the provislons of Sectlons 5228, 5228A, 5228B, and 5228C, upon appllcation by the ovmer, manager or authorized agent of the owner of any place of buslness, multiple dwelling, or apartment house and upon the payment of the fees hereinafter prescrlbed, the Director of Public Works may provide a metal bln or bins, lnsofar as such receptacles are avallable at the time of application, for the keeping, depositing, or accumulating of Class A rubblsh orig1nating on the premises described ~n the appl~cation. The fee -1- CA 77-135 e e to be paid to the City each month as rental for each such bln furnlshed shall be: Frequency of Collect1on 2 Tlmes a Week 6 Times a Week TYPE A TYPE B Capacity of Bins (Cubic Yards) M~ntbly Fees 1 $2.00 each $ 6.00 each 2 4,,00 each 12.00 each 3 6.00 each 18.00 each 4 8.00 each 24.00 each Upon application by the owner, manager, or authorized agent of the owner of any place of business, multiple dwelling or apartment house, when in the oplnion of the Dlrector of Public Works such collection is feasible, collectlon servlce from points on pr1vate property more distant than those described in Sect10n 5227C of thlS Code for bins so furnished by the Clty w~ll be made upon the executlon by the appllcant of a waiver of liabillty 1n a form pre- scrlbed by the Dlrector of Public Works, and upon payment to the City by the applicant of the fee set forth in the -2- CA 77-135 e e table below, which fee shall be in addition to all other fees and charges provided in this chapter: Type of Refuse Service Monthly Charge for Collection from Points on,Private Prop~rty A $ 5~' 40 per container B $18.00 per container All fees, rentals and charges provided by this section shall be paid to the City in advance as a condition to the furnishing of the receptacles or services for which appl1cation 1S made, and such charges shall be billed and collected in accordance with Sectlon 5233D of this Chapter. Non-payment shall terminate the obllgatlon of the City to provide or to continue to provide such services or receptacles. All receptacles so furnished shall be and remain the property of the Clty. The owner, manager, or authorized agent of the owner of the prem1ses described in the applicatlon shall be responsible for any damage to the receptacle other than normal wear and tear. SECTION 2. Any provlsions of the Santa Monica Municlpal Code, or appendices thereto inconsistent herewith, to the extent of such lnconsistencies and no further, are -3- CA77-135 - e hereby repealed or modlfied to that extent necessary to effect the provisions of this ordinance. SECTION 3. If any sectlon, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validlty of the remaining portlons of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every sectlon, subsection, sentence, clause or phrase not declared invalld or unconstitutlonal wlthout regard to whether any portion of the ordinance would be subsequently declared invalid or unconstltutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the officlal newspaper withlD fifteen (15) days after its adoption. The ordinance shall become effectlve after thirty (30) days from its adoption. 1977. ADOPTED and APPROVED thlS 8th day of November LO'Y\",~~~1 JWhJ----- MAYOR - - , ATTEST: ,,-, ~ . :' "'-/ . ~ ~ ~7""y -f..-I ~2_- < - ~ ~ 't ~ CITY" OtERI< - .. ''''-/STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA MONICA } ) SSe ) -4- ~ CA 77-135 e e I do hereby certlfy that the foregolng ordinance was duly and regularly introduced at a meetlng of the City Council on the 25th day of October , 1977; that thereafter the said ord~nance was duly adopted at a meeting of the City Council on the 8th day of November , 1977, by the following vote of the Council: AYES: COUNCILMEI1BER: Bambrick, Cohen, Reed, Scott, Trlves, van den Steen."loven, i'>1ayor Swink NOES: COUNCILMEl-illER: None ABSENT: COUNCILMEMBER: None -"' , 1 <:i ~l"~~---h~J;-L- JCITY CLERK CiJJj ~o -. ~ITY ATTORNEY -" ./ \...../ -5-