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HomeMy WebLinkAboutM-03-0768LEONARDO A. ROTH MARK E. Rousso DONALD M. DARRACH LEONARDO J. CARABALLO GEORGE A. MINSKI FABIAN A. PAL** ALEX D. SIRULNIK ROBIN I. WILLNER 'Also admitted in Colorado "'Also admitted in Washington D.C. OF COUNSEL ALAN B. SCHNEIDER, P.A. June 17, 2003 Via Facsimile 305-416-2075 ROTH, Rousso & DARRACH, P.A. The City Manager F City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear City Manager: ATTORNEY! AT LAW 2 VENTURE CORPORATE CENTER 3440 HOLLYWOOD BOULEVARD SUITE 360 HOLLYWOOD, FLORIDA 33021 TELEPHONE: 954.322.4280 FAX: 954.322.4281 REAL ESTATE FAX: 954.322.4282 Our office represents Southern Waste Systems, LLC regarding the transfer of a franchise license in the City of Miami. In January, 2003, Southern Waste Systems entered into a License Purchase and Sale Agreement with Atlas Waste Corporation to purchase a license owned by Atlas Waste Corporation to perform commercial waste services in the City of Miami. The balance of the assets, other than the license, SvaC cold b,%,- Atlas Waste Corporation to ``&C Wac*P Removal, Inc.. Southern Waste Systems has complied with all requirements and qualifications of the City of Miami for commercial waste services. The Department. of Solid Waste, however, refuses to recognize the sale and assignment of the license from Atlas to Southem Waste on the theory that once Atlas sold assets to C&C Waste Removal, the license Atlas then sold to Southern Waste was no longer in effect. We find no City Ordinance, Statue or case law to support this theory. A license is an asset and licenses are bought and sold in the City of Miami and State of Florida on a regular basis. We respectfully request to be placed on the next available City of Miami Commission Agenda for the purpose of petitioning the Commission to recognize and approve the Sale and.Assignment of the ASSOCIATED OFFICES • BUENOS AIRES 03— 3..- '7 r, 8