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HomeMy WebLinkAboutORD NO 2863EMERGENCY ORDINANCE NO. 2863 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 8.32.020 J., O., AND P., SECTIONS 8.32.030 A. 1., B., C. 1., D., AND E. 2., SECTION 8.32.040, SECTION 8.32.050, SECTION 8.32.060 B., SECTION 8.32.080, SECTION 8.32.090 A., AND SECTION 8.32.100 B., AND C., OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO REPEALING SUSPENSION OF CHARGES, MODIFICATION OF CHARGES, AND COLLECTION OF CHARGES BY THE TAX COLLECTOR WITH PROPERTY TAXES AND BY DIRECT BILLING. WHEREAS, the City Council heretofore adopted Ordinance No. 2850 NS amending section 8.32.060 B. to suspend refuse charges for the period June 1, 1983, to May 31, 1984, but announced its intention to reconsider said suspension of refuse charges at the time of budget hearings; and WHEREAS, the City Council, in order to balance the budqet has found it necessary to impose a charge to be deposited in the general fund based upon an amount equal to a portion of the actual cost of refuse collection provided by the City; and WHEREAS, this Emergency Ordinance is necessary for the immediate preservation of the public health, property and safety and for generation of revenues for the daily operation of a municipal department; and WHEREAS, the City Council desires that such refuse charges for single-family dwellings, duplexes, triplexes and fourplexes be collected by the County Tax Collector. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Sections 8.32.020 J., 0., and P., of the Bakersfield Municipal Code are hereby amended to read as follows: 8.32.020 Definitions. J. "Multiple-family dwelling" means a building designed for residential occupancy and includes duplexes, triplexes, apartments, bun¢[alows in a bungalow court, apartment houses, and mobile homes, situated on a single parcel, and condominiums. O. "Single-family dwelling" means any detached building designed and used exclusively for occupancy by one family, excluding bungalows in a bungalow court and mobile homes. P. "Standard container" means a metallic or plastic can or disposable polyethylene or plastic bag of sufficient strength to prevent them being broken under ordinary conditions. They shall have a maximum capacity of thirty-two gallons and such cans shall not exceed eighty pounds and such bags shall not exceed forty pounds when filled. Cans shall be equipped with a flytight cover, cover handles, and side bails. Bags shall be secured at the top. Standard container also means any container designed for and served by automated collection equipment. SECTION 2. Sections 8.32.030 A. 1., B., C. 1., D., and E. 2., the Bakersfield Municipal Code are hereby amended to read as follows: 8.32.030 A. 1. month. B. of Nature and schedule of disposal charges. Charge, three dollars and forty cents ($3.40) per Multiple-family dwellings shall have the following: 1. For duplexes, triplexes and fourplexes: charge, two dollars and seventy-five cents ($2.75) per unit; twice per week pickups. 2. For complexes of more than four units: charge, two dollars and seventy-five cents ($2.75) per unit, with the use of standard containers, or the charge set forth in Schedule A of this chapter, with optional use of detachable bins; service, twice per week pickups of standard containers, or service under Schedule A of this chapter if option exercised for use of detachable bins. C. 1. Charge, three dollars and forty cents ($3.40) per month, minimum, or two dollars and seventy-five cents ($2.75) per month per unit, with use of standard containers; or the charge set forth in Schedule A of this chapter, with optional use of detachable bins; or the charge set forth in Schedule B of this chapter, with optional use of more than two standard containers and/or more than twice a week pickup. D. Any place, premises or use of property using the stationary compactor and dropoff box: fifty-nine dollars and sixty cents ($59.60) shall be charged per collection. E. 2. Charges for such special collection shall be forty dollars ($40.00) per hour with a minimum charge of seven dollars ($7.00) for the first ten minutes or fraction thereof. Time charged after the first ten minutes shall be on the basis of five- minute intervals calculated to the nearest five minutes. Such charges may be adjusted from time to time by the Director of Public Works, with the approval of the City Manager, to reflect the actual total cost of providing such service. Whenever any residential property has refuse containers which are not placed in accordance with Section 8.32.140, there shall be an additional charge of three dollars ($3.00) per month per location. SECTION 3. Section 8.32.040 of the Bakersfield Municipal Code hereby amended to read as follows: 8.32.040 Schedule A - Schedule Bins. of monthly charges for detachable o SCHEDULE A Schedule of Monthly Charges for Detachable Bins A. Units or Uses Using One and One-Half or Two Cubic Yard Detachable Bins. Three ($40.0O) B. Charge Per Month Pickups Per Week (per bin) 2 $16.50 3 23.80 4 31.10 5 38.40 6 45.70 or more bins on daily service rate is reduced to forty dollars per bin per month. Units or Uses Using Three Cubic Yard Detachable Bins. Charge Per Month Pickups Per Week (per bin) 2 $23.80 3 32.95 4 42.10 5 51.25 6 60.40 Three or more bins on daily service rate is reduced to fifty-five dollars ($55.00) per bin per month. C. Units or Uses Using Four Cubic Yard Detachable Bins. Charge Per Month Pickups Per Week (per bin) 2 $29.30 3 38.40 4 47.60 5 56.70 6 65.85 Three or more bins on daily service rate is reduced to sixty dollars ($60.00) per bin per month. Three dollars E. Units or Uses Using Five Cubic Yard Detachable Bins. Charge Per Month Pickups Per Week (per bin) 2 $33.55 3 43.25 4 52.90 5 62.65 6 71.60 or more bins on daily service rate is reduced to sixty-five ($65.00) per bin per month. Units or Uses Using Six Cubic Yard Detachable Bins. Charge Per Month Pickups Per Week (per bin) 2 $38.75 3 48.75 4 58.90 5 67.85 6 77.55 Three or more bins on daily service rate is reduced to seventy dollars ($70.00) per bin per month. SECTION 4. Section 8.32.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.050 Section B - Schedule of monthly charges for standard containers. SCHEDULE B Schedule of Monthly Refuse Charges for Standard Containers No. of Pickups Per Week No. of Std. Containers 2 3 4 5 6 1 or 2 $ 3.40 $ 5.10 $ 6.80 $ 8.50 $10.20 3 5.10 7.65 10.20 12.75 15.30 4 6.80 10.20 13.60 17.00 20.40 5 8.50 12.75 17.00 21.25 25.50 6 10.20 15.30 20.40 25.50 30.60 7 11.90 17.85 23.80 29.75 35.70 8 13.60 20.40 27.20 34.00 40.80 9 15.30 22.95 30.60 38.25 45.90 10 17.00 25.50 34.00 42.50 51.00 SECTION 5. Section 8.32.060 B. of the Bakersfield Municipal Code hereby amended to read as follows: 8.32.060 Suspension of fees. B. The charges imposed in sections 8.32.030, 8.32.040 and 8.32.050 shall become effective on September 1, 1983. SECTION 5. Section 8.32.080 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.080 Increases or decreases in charges. The charges specified in this chapter may be revised annually during the City Council budget hearings, provJ_ded that any increase does not result in charges that are greater than the City's actual costs in providing the service, and this chapter shall be amended accordingly to reflect such revisions. e Section 8.32.080 C. hereby repealed. SECTION 7. of the Bakersfield Municipal Code is SECTION 8. Section 8.32.090 A. of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.090 Billing property owner. A. The charges imposed by this chapter may be billed to the property owner who may collect such charges imposed against the occupants of such unit or units located on such premises, and shall transmit the amount so collected to the City. SECTION 9. Section 8.32.100 B., and C., of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.100 Billing, collection and payment of charges - Refunds. B. Collection of charges imposed under this chapter upon single-family dwellings, duplexes, triplexes and fourplexes shall be submitted by the Director of Finance to the Kern County Auditor - Controller and Tax Collector, and to such other County officers as may be required, for placement of such charges as assessments on the secured roll of the County and he shall request that said Tax Collector each year collect and enforce said assessments in the same manner as ad valorem property taxes. With respect to all other charges, the manager may require billings to be paid quarterly in advance; provided, that the first quarterly charges shall be prorated for the unexpired number of months or major part thereof in such quarter. C. The manager may make refunds of advance payments on the same pro rata basis if requested in writing in affidavit form by the depositor within three months from the date of any termination of an account, otherwise no refund shall be made. Adjustments for any increase or decrease of service shall otherwise be made only on a quarterly basis. Notwithstanding any other provisions in this chapter, should adjacent complexes of multiple-family dwellings sharing the use of detachable bins be subject to a greater charge under Section 8.32.030 B. than previously imposed under Section 8.32.040, the owners thereof shall be entitled, upon application to the manager, to a refund of the difference. SECTION 10. Adoption of this Emergency Ordinance is exempt from the provisions of the California Environmental Quality Act as this City Council finds that this Emergency Ordinance modifying charges is for the purpose of meeting operating expenses in accordance with Section 21080(b) (8) of the California Public Resources Code. SECTION 11. This Emergency Ordinance is necessary for the immediate preservation of the public health, property and safety and to provide revenue for the daily operation of a municipal department and shall become effective immediately upon its passage. .......... 000 .......... I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 3rd day of August 1983, by the following vote: CITY CLERK ~nd F/x Officio Clerk of the Council of the City of Bakersfield APPROV~f?this 3rd day of ~ August , 1983 MAYOR~//~e City of Bakersfield APPROVED as to form: AJS: mro 7-29-83 8-03-83 Aff avi of os tng r nau es STATE OF CALIFORNIA, f County of Kern ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa .....................~.~.._~ ..............................................................................19_.8.3. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..............~.~..g....u..?_~_....~. ......................................................19..?p.3...., which ordinance was numbered ..........~.~..~..~ .....................New Series, and entitled: AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD A;{ENDING SECTIONS 8.32.020 J., O., AND P., SECTIONS 8.32.030 A. 1., B., C. 1., D., AND E. 2., SECTION 8.32.040, SECTION 8.32.050, SECTION 8.32.060 B., SECTION 8.32.080, SECTION 8.32.090 A., AND SECTION 8.32.100 B., AND C., OF THE BAKERSFIELD ~{UNICIPAL CODE RELATIVE TO REPEALING SUSPENSION OF CHARGES, MODIFICATION OF CHARGES, AND COLLECTION OF CHARGES BY THE TAX COLLECTOR WITH PROPERTY TAXES AND BY DIRECT BILLING. /City Clerk Subscribed and sworn to before me this ..... ] ~.~.h._ day of ......-~.~.g.~.~.~ ...............................,19.~..~ .... ..... .. ...............