§ 94.16 COLLECTION CHARGES AND RATES.
   (A)   Residential/curbside.
      (1)   The rate of $14.82 per month per residence, duplex, triplex and multi-dwelling unit curbside customer, for the period from February 1, 1992 through September 30, 1993, with future increases or decreases will be based on the increase or decrease in the CPI from the preceding April to April, as provided for herein below.
      (2)   Additional services in annexed areas. The rates set forth above shall apply to any areas annexed into the city and to any new areas which may be built and approved for the city and to any new areas which may be built and approved for occupancy during the term of the agreement.
   (B)   Residential/condominium. The rates to be charged by collector for solid waste collection and disposal on all condominium/multi-dwelling container accounts, within the boundaries of the city, during the initial term of this agreement are set forth in the rate schedule attached as Schedule A of the agreement.
   (C)   Residential/apartment. The rates to be charged by collector for solid waste collection and disposal on all multi-dwellings and apartments with container accounts, within the boundaries of the city, during the initial term of this agreement are set forth in the rate schedule attached as Schedule B of the agreement.
   (D)   Commercial. The rates to be charged by collector for solid waste collection and disposal on all commercial accounts within the boundaries of the city during the initial term of this agreement are set forth in the rate schedule attached as Schedule C of the agreement. Notwithstanding the foregoing, nothing in this subchapter shall prohibit the collector from providing solid waste collection and disposal services to a commercial account at a total charge less than the total of the amounts shown on Schedule C of the agreement and other charges, if any, specifically permitted by this subchapter.
   (E)   Initial disposal fee. For purposes of establishing the charges and rates set forth hereinabove and in Schedules A, B and C, the initial disposal fee is based upon $61.70 per ton.
   (F)   Permitted CPI annual increase.
      (1)   Residential/curbside and condominium. During the first year of the initial term (that is February 1, 1992 to September 30, 1993) collector will have zero cost of living increase. Thereafter, the rate for each subsequent annual period of October 1 through September 30, shall be determined by the rate in effect the immediately preceding year with an increase or decrease for the current period based on 75% of the increase or decrease in the CPI relating to all urban consumers for all items as the same is published by the United States Bureau of Labor Statistics (hereinafter referred to as CPI) for the immediately preceding year based on the annual April to April figures.
      (2)   Commercial and residential/ apartment. The rate for each annual period of October 1 through September 30, shall be determined by the rate in effect the immediately preceding year with an increase or decrease for the current period based on 100% of the increase or decrease in the CPI relating to all urban consumers for all items as the same is published by the United States Bureau of Labor Statistics (hereinafter referred to as CPI) for the immediately preceding year based on the annual April to April figures.
   (G)   Tipping/dumping fees. In determining the future cost of living adjustments in rates to be charged to each curbside account the tipping/dumping fees shall not be utilized in calculating increases or decreases described in division (F)(1) above which may be charged by collector for subsequent years.
   (H)   Taxes. The rates set forth hereinabove are exclusive of any and all sales taxes which may be imposed upon the services which are the subject of this agreement and which such sales taxes, if any, will be borne by the parties served, to wit, the customers.
   (I)   Permitted pass through for disposal fee increase. In the event that the dumping/tipping fee currently paid by collector for disposal of trash and solid waste under the agreement increases or decreases after the date hereof, a pass-through rate adjustment will be made including the effects of sales taxes and franchise fees applicable thereto. Further, increases or decreases in costs incurred by collector which are directly related to the disposal of processable waste under the agreement at a different dumping/disposal site (including, but not limited to, transportation costs) shall be treated as a pass-through rate adjustment. Collector shall, upon request, substantiate to city the identification and amount of such costs. The pass through shall be effective as of the date the increase is implemented.
(Ord. 1016, passed 11-4-92)