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2004-06-17SPECIAL Meeting of Beverly City Council June 17, 2004 8:00 PMSPECIAL Meeting of Beverly City Council June 17, 2004 8:00 PM Roll Call : Councilors Present: John Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Troubetaris Reports from Committees: #184 The Committee on Legal Affairs to whom was referred the matter of Ordinance entitled Public Works relative to trash removal and disposal service fee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption In the year two thousand and Four An Ordinance Amending an ordinance entitled Public Works Article One-Trash Removal and Disposal Service Fee Be it ordained by the City Council of the City of Beverly as follows: That Chapter 20, Article I of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding Section 20-9 to read as follows: 1. Residential: A fee of $75.00 per dwelling unit is hereby-established effective 1, July, 2004, on all residential structures of 6 units or less. Residential structures of more than 6 units currently serviced by the City of Beverly will continue to be serviced at $75.00 per unit. 2. Commercial: A minimum fee of $200.00 is hereby established for all commercial entities currently being serviced by the City of Beverly. The final fee and conditions shall be subject to the determination of the Director of Engineering, who shall establish a written standard therefore. 3. Discounts and waivers (a) Senior Citizen: Any Senior Citizen (65 years or older) who owns and occupies a single dwelling unit with an income of $30,069.00 or less for a single adult; $38,399.90 or less for two or more adults will be eligible for a fifty percent (50%) discount of this fee. (b) Hardship Cases: The fee for any citizen who owns and occupies a single family home or condominium with an income of $18,259.00 or less for a single adult; $20,419.00 or less for two or more adults, will be waived. (c) Eligibility: Eligibility for senior citizen discount or hardship waiver shall be determined by using the Adjusted Gross Income (AGI) number found on the IRS 1040, 1040A, or 1040EZ Form, or, if no income tax return has been filed for tax years 2002, or 2003, equivalent documentation of income, to be provided to the City Engineer under the pains and penalties of perjury. Age shall be documented by driver’s license, birth certificate, or equivalent proof. 4. Enforcement: Any fee not paid within 60 days of the demand shall become, upon application of the Collector of the City of Beverly, a lien upon the property 5. Billing: The annual fee will be collected in quarterly statements billed on the same cycle as the subject property’s water and sewer bill cycle. 6. Exemption: Any person who can demonstrate and document to the satisfaction of the City Engineer an alternative lawful disposal method may apply for an exemption from the fee. 7. Review : This ordinance is subject to a review on 1, January 2005 by the City Council. The Council will review City collections, overall effectiveness and the recommendations put forth by the Mayors appointed Trash Committee. As with any City Ordinance the Council has the power to either change or delete an ordinance by a simple majority vote. 8. Sunset Clause: This Order expires on 1, July, 2005. 131 First Passage: May 17, 2004 Public Hearing: June 7, 2004 Final Passage: June 30, 2004 Ordinance read once and held for final passage as per charter provisions Meeting adjourned: PM Frances A. Macdonald, CMC City Clerk 132