HomeMy WebLinkAboutO-11837J-99-783
9/28/99 11837
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 22.OF THE CODE.OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "GARBAGE AND TRASH", BY PROVIDING
FOR NEW DEFINITIONS; PROVIDING FOR NEW
REGULATIONS CONCERNING THE REGULATION OF
COMMERCIAL SOLID WASTE HAULERS; MANDATING
CITY SOLID WASTE SERVICE TO ALL RESIDENCES
CONTAINING THREE (3) UNITS'OR LESS; CHANGING
THE RESIDENTIAL BULKY WASTE COLLECTION
SCHEDULE AND ESTABLISHING RESIDENTIAL SPECIAL
COLLECTION SERVICES; REPLACING THE TERMS
REGULATORY PERMIT AND PERMITTEE WITH
NONEXCLUSIVE FRANCHISE AND FRANCHISEE
RESPECTIVELY; MORE PARTICULARLY BY AMENDING
SECTIONS 22-1, 22-2, 22-5„ 22-6, 22-12,
22-14, 22-18, 22-46 THROUGH 22-51, 22-53, 22-
56, 22-58, AND 22-93, ,OF SAID CODE;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
WHEREAS, the City Commission - directed the. City
Administration to study the methods. utilized by various
municipalities to provide commercial solid waste services and .to
seek input from the private hauling industry; and
WHEREAS, the City Manager created a Committee consisting of
City staff and private haulers and their representatives to
conduct research and workshops to collect this information; and
WHEREAS, the Committee's recommendations were approved in
principal by the City Commission and the City Administration was
directed to proceed with said recommendations; and
WHEREAS, the City deems it to be in the"best interest of the
citizens and commercial establishments of the City to provide for
a new classification and fees for granting nonexclusive
franchises to those persons qualified to provide commercial solid
waste services to businesses and multifamily residences; and
WHEREAS, it is necessary to amend Chapter 22 of the City
Code, entitled "Garbage and Other Solid Waste", to incorporate
and reflect said new classification and fee structure;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in .the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Chapter 22 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
particulars:l'
"Chapter 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 22-1. Definitions.
For the purposes of this chapter, the definitions
contained in this section shall apply unless otherwise
1 Words and/or figures stricken through shall be deleted. Underscored words
and/or figures shall be added. The remaining provisions are now in effect
and remain unchanged. Asterisks indicate omitted and unchanged material.
2 -i
specifically stated.
Bulky waste. The term "bulky waste" shall
mean, but not be limited to, large items of household
refuse such as appliances, furniture,accumulations
from major tree cutbacks (exceeding ten inches in
diameter and four feet in length.and weighing more than
50 pounds), large crates and like articles which shall
be 1placed out for city .=11artion .hv residential un'
owners jpa�4i ng for city service on a w kl �4 basis,
Commercial solid waste The-, term "commercial solid
.. - ■. ��-. ■ - - .. - i-EINVO
■0■• - .0 - u. -•.-■ .■• •.■ • •O- •■ ■- - • u .u-■ -
Commercial solid waste advisory committee_ The
•- �- ■-� .■ - - -• STM ■ -• - -!i`
Is-
-� • ■- �• - • • ■• ■ ■• ••M •■ • I -
Commercial
solid waste service_ The rm
•����- • .. - -ALVAN- ■. 11-.no-
IMEMM
• .■� o • - .• - .. - •
Franchisee The word "Franchisee" shall mean a
3
0 1 0
Services. The term • .. - -
•. a-.• those R�,ryic�,s forwhi ch no fees nr cl•_ •-
•- •••• •••• man K7-r.-.•SIMMONS - •ETS • ■- • - •
Large residential trash- The term•-
-• • •. a -a •. and._ .-• •
•• •o more •.• ••.••. .•d••• •ub-
u. - .• • .••• be containpri7ed .•H wpioh •
• • • • • • • • - • • I= • • 100 10114 C96103 • • •
• - ••
Nonexclusive. Franchise. The term "non xclusiy
MM • - •. a-.• ••• - - •• .••.A
OMITIMMEOPMOMS Ere
02
WE 00
•����- . •• ••• - •-• • •�- - •- •-•
Permit Per Account Fee. The term 111 Prmit l er
• • -- •. a-.• •- .•• •_ •- - -• •
• • • •- • •• • •1111- •Iwo .. -
so 0
POL• • -. • . • • -. •1141- •. - •
- 4 - 11837
0
0
Residential unit. The warms term "residential
unit" shall mean any structure used or constructed or
modified or adopted for use as a single-family
dwelling, duplex, cluster housing, townhouse or
multiple -family .apartment building or other similar
structure containing feiraF three or fewer residential
units, and which is located. on a single lot, parcel or
tract of land. Each dwelling unit of a duplex, cluster
housing, townhouse, or multiple -family building or
other similar structure shall be deemed a separate
residence.
Roll-off/Container. The term "roll-off/container"
Special•-ntial Collection, T'{- tern •-
•.-/ • - •/ /. 11-./ • - •/ • /•/
m - - 11- •/ •11• • - /. �•
Specialized - • • ■ - - 11 • - - •
M11.. {..•- s • {• {• 11 -� • { - •••�
Specialized waste handling pe=it fee -The - 11
g- -i- hand] {• permit --1, shall mean thl
- 5 - 11837
lltem�)orary roll -off /container 1permit feel, shall mp,� 0
the one time h. paid, IDer account,to the ci•
-- • -or•vide contracted removal . 1. . ..
Sec. 22-2. Collection services, container usage,
condition and requirements for placement
location; city and commerrial solid
waste services.
(a) Garbage from single and duple3E multifamily
residences of three units or less shall be collected
ronveyed anddi posed of by the city twice a week.
Hours and days on which containers. are to be collected
shall be as prescribed by the director. All bundled
�Iarden small trash, containerized waste, and garbage to
be removed by the city shall be placed at curbside in
front of the property for removal by the city as
scheduled by the director, in such a manner as not to
obstruct pedestrian passage or i=e e collection ay
city f�.. The director may make exceptions to these
rules to accommodate disabled and elderly persons.
Each residence in the city shall have a sufficient
number of garbagecans, plastic bags or portable
containers to accommodate all garbage, barreled garden
small trash or rubbish to be removed by the .city.
(b) Every commercial property shall utilize the
waste collection services of a pei=fRittee franchisee
authorized to perform such services by the director.
It shall be the responsibility of the owner, occupant,
tenant or lessee of the commercial establishment to
properly dispose .of all trash, waste, and garbage
generated by such commercial property. Each commercial
property in the city shall have a sufficient numbe.r.of
-rheduled collections, garbage cans, plastic bags or
portable containers to accommodate all garbage, bundled
garden trash or rubbish to be removed by the perfRitte
franchisees Franchisees shall be rec[uired to remove
all r fuse nl a ced or si ; 1 1 ed within a ten foot radius
- 6 - 1183
Any permittee franchisee providing waste
collection services who will be discontinuing its
collection service to a commercial property shall give
the Solid waste o nfor.em n division of the solid
waste delpartment and NET service center, for the area
where service will be discontinued, at least seven
business days' prior notice of its intention to
discontinue such service.The franchisaa
shall additionally mail to the owner, occupant, tenant
or lessee of the commercial property a notice that it
is discontinuing waste collection services for that
commercial property. Duplicate copies of this notice
shall be simultaneously mailed by the private hauler to
the NET service center for the area where such service
will be discontinued and to the department. A
commercial property which does not have current waste
collection services being furnished shall be subject to
havingan administrative service fee imposed pursuant
to section 22-93 of this chapter.
All food service properties producing raw or
processed organic waste matter as a major portion of
their waste stream shall provide for the removal of
such material a minimum of three times per week.
Sec. 22-5. Duty to dispose
accumulations.
of trash and prevent
-7- 11837
(b) Whenever it is evident that there is a
violation of this section, the enforcement officer may
do one or more of the following:
Serve a notice of noncompliance, in a form
prescribed by the director and approved by the
city commission, upon the owner, manager,
occupant, resident, lessee, permitteem franchisee
or other responsible person by personal service,
mail or by posting a copy in'a conspicuous place
on the premises where the violation exists. The
enforcement officer may proceed with direct
removal as outlined below. The enforcement
officer may:
(1) Cause a code enforcement sanitation civil
violation notice to be issued, in a form
prescribed by the director and approved by
the city manager, upon the owner, manager,
occupant, resident, lessee, perffiittee
franchisee or other responsible person by
personal service, certified mail, or by
posting.a copy in a conspicuous place on the
premises where the noncompliance exists. If
said non compliance has been found to exist
by the city manager, or the city manager's
designee, such finding and determination
shall result in an administrative service
fee being assessed for such noncompliance in
the amount set forth in section 22-93 hereof,
with said fee being assessable for each day
the noncompliance exists until the condition
or conditions resulting in such noncompliance
no longer exist.
Sec. 22-6. Littering and dumping prohibited;
dumping or burying waste without proper
authorization; illegal dumping in area
bulky waste transfer stations; engaging
in business of solid waste collection
without permit- franchise; declared
public nuisance; presumption.
(e) It shall be unlawful for any person,
franchisee, firm, corporation or other legal
entity to collect, remove or transport any solid waste
material for compensation from any location or premises
within the city without first having been granted a
- 8 - 11837
pei=Fait nonexclusive franchise by the department.
(f) It shall be unlawful for any person, firm,
corporation or other legal entity to utilize the
services of any commercial solid waste collector who
does not have a valid city solid waste gig at-ery
perfRlt nonexclusive fr nc'hi s
Sec. 22-12. Waste fees.
(a) An annual waste : fee, ner residential
unit,is hereby assessed upon all city serviced
residential units as defined in Section 22-1 and as set
forth herein. These' fees shall apply to res aeniE
units all single and mill tifamily es residnceof three
ini ts or 1 eiss within . the . city net— e-rvieed by private
and shall serve to defray the cost
of waste collection and disposal. Effective
October 1, 1999, the city may utilize the uniform
method of collection pursuant to Chapter 197. of the
Florida Statutes, whereby residential unit owners shall
pay for residential solid waste collection services on
the tax bill, in accordance with the provisions of
Chapter 197 of the Florida Statutes, as amended. If
the city elects not to use the tax bill collection
method then one-half of said annual.fee amount shall be
due and collectible on January 1 and on July 1 of each
.calendar year, beginning January, 1999, as follows:
(c) Notwithstanding any code provision to the
contrary, commencing effective October 1, 1987, said
date reflecting the date when the city was fully
performing the -services set forth below, an annual. Fee
is hereby assessed against all provision of public
right-of-way cleaning services by the city in
accordance with the following schedule of services set
forth below. "Daily" as used in this subsection means
weekdays, Monday through Friday.
(4) Sidewalks in the city will be cleaned en a
- 9 - 11837
daily ba-er? as needed.
Sec. 22-14. City and commercial collection of solid
waste.
(b) The director may authorize the
collection of solid _waste by commercial solid waste
collectors if it is a commercial account as sueh is
defined by in this chapter. If private collection is
authorized, the contract with the commercial solid
waste collector shall include garbage, trash .and bulky
waste collection and the number of of 1 i on da�z,-, z er
week. In addition, the contract must specify a
container or containers of sufficient capacity so as to
avoid overflowing conditions with a minimum twice per
week collection; two true and accurate copies of said
contract shall be furnished to the director.. The
container must be capable of holding,a minimum of one
week's collection. of solid waste for the number of
units or gize and activity of sin sS PstabTishment
being served. All equipment utilized by a licensed and
permitted franchised private hauler shall comply with
the requirements and provisions of this chapter. All
containers shall be screened from the direct view of
the adjacent property owner. The department reserves
exclusively the right to collect solid waste from any
city governmental facility, or any facility constructed
or erected on city -owned or leased property, regardless
of location.
Sec. 22-18
Responsibility for removal
waste; collection and
furniture, appliances, etc.
of certain
disposal of
(b) Bulky Waste one' i 1 Residt=ntial rnllertinn
material shall not be permitted at curbside until
advance arrangements have been made with the department
for its removal. EehL-es-idential p-r-eperty shall: be
-- R t i t rc cue—f eur b:ulky waste—ee lleet i ens per ealendaa�
year -a s s ehe&dTe��the-department in respens e=te the
prepeite er's request. The -bulky waste piekup shall
be limited t o a single -- 2 S eub i e-yard trueklmead
per-
piekup. The cost of any additlenal: bulkywaste
eeileetien is $IGG.Ge--peiF 2-S-eidbe- yard trueklea-d -pew
pip s1 ec i a l col 1 Prt i on will he provided clad bZ the
department and payment in the form of a check m us . be
: r iv d prior o the collection and shall be charged
to the property from which the additional collection is
made. The —east of any mitrenal bulky
eeileetien -shall be eharged—to—t-he prepert€rem whieh
During the week of, and not prior to the
evening before the. scheduled glDeci_al residential
collection date, all large trash andLar bulky waste
shall be placed on the parkway between the sidewalk and
the street pavement or along the curbline when it is
immediately adjacent to the sidewalk in front of the
property from which the trash originates where it will
be easily accessible to the trash collection trucks of
the city, but not in the traveled way on the street,
road or alley.. Bulk wasteshallnet be placed any
alley—w-i-th Leval of the—direete-r-= The
director shall have the full authority to designate.the
location or time of placement of 1argP and small trash,
bulky waste and special residential collet ions other
than as described in this section, whenever unusual
circumstances arise or, in the director's discretion,
it is believed that additional or. alternate. areas or
times are necessary.
(c) All property owners or occupants serviced by
the city shall have two options for disposal of their
small trash and tree shrubbery trash. Owners or
occupants of property may either containerize garden
trash or bundle tree and shrubbery trash for city
collection along with garbage or the owner or occupants
may transport such material to FR n dumps the ri tom' s
yard trash manag m n fa ili.�L on Virginia Key.
Material which is containerized or bundled shall be
placed at curbside no sooner than the evening prior to
the Rcheduled garbage collection day.
(e) City pickup procedure for bulky waste and
sn ..i al residential col 1 ec i ons : Bulky waste as
defined herein will be collected by the department only
from city -serviced accounts scheduled on a mudalll
agreed date with the account. and in accordance with
- 11 - 1183
paragraph ( f) (4 ) below.
ARTICLE II. Regulation Of Persons Engaged In
Commercial Waste Collection
Sec. 22-46. Engaging in business of solid waste
collection and disposal; issuance of
permit nonexclusive franchise agrpement
to private solid waste collectors.
(a) No person, firm or corporation shall remove
or transport any solid waste material over the streets
or public rights -of -way of the city or its real
property for hire or salvage without first applying for
and receiving a permit nonexclusive franchise from the
department to carry on such a business. The. permit
nonexclusive franchise required by this section shall
be in addition to any occupational and other license -(-al
which otherwise may be required by law. A permit
nonexclusive franchise will not be granted to a
commercial property for the sole purpose of hauling the
solid waste material of its own tenants or occupants.
- 12 - 1-83 d
Sec. 22-47. Application for r-egttlatcery per -
nonexclusive franchise.
Applications for a reglat-ery r^i-fRno 1 ive
fran.his_ shall be made to the department upon such
form and in such manner as shall be prescribed by the
director, said €ems to elicit the following information
and to be accompanied by supporting documents and such
other information as may be required by the department
fr tiRie to t
(3) Equipment and method of operation. The
applicant for a perfRit franchise shall
possess equipment capable of providing safe
and efficient.service. All v hi 1 s is d br
franchisee(s) under the franchise
Mgr Pm n (y) are reczuired to be inspected -by
the city annually no later than November 1 st
of every y ar. Any v Yii .l .s a .c= ui r f r
said r3 date must be_inspected her the city rp i or
to its utilization, All ecjment, including
du=stergf smal l and l arge containers/roll-
offs, muing1pected and issued a i _fir
decal 1pri or to use un r said franchise
agr m n (s)_ In making such a determination
and approving the method of operation for
each applicant, the department shall require
the following information:
- 13 - 1 11837
(4) Insurance requirements.
s3� The applicant fora pew franchise shall
maintain insurance as specified herein and
shall furnish a public. liability policy to
the department and also file with the
department a certificate of insurance for
the policy written in the applicant's
name. The certificate shall provide that
the policy contain an endorsement
requiring that the department shall be
furnished with ten days' notice by
registered mail prior to cancellation or
material changes in the policies. The
applicant shall carry in the applicant's
own name an automobile liability insurance
policy covering the applicant's operations
with a combined single limit of
$1,000,000.00 per occurrence
for bodily injury and property damage
liability. The city shall be listed as an
additional insured d for l i bi l ; .v.
•- • 11. / - bond • • / - • -
alternative in an .11• / -� •—LtAe
contractor 2 - • month f-
--(s) jDaid to thp • u / u u •
for any fee(s)•.- to the city underh-
7
franchISP .• --11-/ wit'* •••• . /4
comialiance of /- terms of /is Chalpt er in
fnrm as reauired by the
such
.Attorney-
(6) Limitation on hours of operation. Private
waste collection operators' lieene�
franchiged by the city shall service their
accounts, located within 100 f Rpt of
residential only between the
hours of 6 09 7 e 0 Q a.m. and 11.09
10:00 p.m., except as determined 'and
defined by the director— e3F defined
bel
s�cz-e=d! .
- 14 - 11837
VIII
lift
Milli
b— Gther Commercial corridors as determined
by the director.
Sec. 22-48. Denial of t apnl;.a io .
Should the director deny an application for a
permit franchise, the applicant shall be notified of
such denial by certified mail not later than 14 .days
after the director takes such action. The notice of
denial shall contain a statement of the reasons why the
application was denied.
Sec. 22-49. Appeal from the departmental denial of
per-ffli t franchise; appeal from revocation
of perfRit franchise_
(a) The denial or, revocation of a pei-FRi
franchise_by the .director may be appealed to the city
manager or the city manager's designee. The notice of
appeal shall be filed in writing with the director no
later than 14 days after the receipt of the certified
letter advising applicant of the denial or revocation.
(°b) The director shall fix the date and time for
hearing the appeal. Said hearing shall be held not
less than 14 nor more than 60 days after receipt of the
notice of appeal. The city manager or the city
manager's designee shall either affirm the decision of
the director or .direct the director to issue or
- 15 - 11-8 37
reinstate the perfait franchise.
Sec. 22-50. Vela-ielle registratien fees. Franchise
fees; Permit Per Account Fee.
nnr,�wwroia
unused 1portinn nf 1permit.n. license,
A permit may be renewed freFft year te—year b the
departfRerrI Any sue�3—r�1�e�aaL s�3e- 53kbj{ cv c
same terms and eenelitiens a-plai:eab=e t o the iiss d anee$€
Lire—er±giberfRitz and mentef teeoriel= _:� —rat i c,
fee as nT€erth i seetienZ2 Tn the event that
the city elects to utilize a franchise system for
commercial solid waste collection, those commercial
solid waste collectors who possess a valid regulatory
permit and occupational license at the time such system
is implemented, and are not granted a franchise permit,
shall be reimbursed for the unused portion of said
16 - iL1Ge9 d
•
permit and license.
Sec. 22-53. Information required of
fr n .hi s s.
-La1 At least annually, but not more frequently
than quarterly, as determined by the director, each
fran.hispe, shall supply the following
information on a form and in the manner prescribed by
the director:
Sec. 22--5.6.
fee requirement; monthly
fee payment; approval by director as a
prerequisite to issuance; financial
statements, list of accounts, account
z ermi t fees; roll -off 1 rmi f s.
Sec. 22-58. Revocation of per-mit nnnpxcliisiv�-
franchise.
(a) The city reserves un o itself h jpower. to
revoke all non .xcl us'v . fran .his .s 1 ursuani fin thig
- 17 - 183 7
1Y21 The violation of any of the terms and
conditions of this Code which endanger the public
health, safety and welfare or the violation of any of
the terms and conditions of the perfftifranchise shall
be cause for revocation of a pest franchise.
_Lcl The director may revoke a perfa3t franchise
for a violation or violations as aforementioned and may
immediately declare such permit franchise null and
void, and upon such declaration, permute franchisee
shall immediately cease all operations, and shall be
considered to have forfeited said pest franchise and
the rights acquired thereunder. Should the director
decide to revoke a perms franchise,heLa11e_ shall
provide the franchisee with notice of such
revocation and the reasons therefor. Upon receipt of
such notice, the franchisaa may appeal said
revocation to the city manager or the city manager's
designee and the appeal and hearing thereon shall be
conducted in accordance with the procedures set forth
in section 22-49.
ARTICLE III. ENFORCEMENT AND ADMINISTRATION
Sec. 22-93. Enforcement and administrative fees.
(d) Civil penalties assessed pursuant to this
article are due.and payable to the city on the last day
of the period allowed for the filing of an
administrative hearing before a hearing officer, or if
proper appeal is made, when the appeal has been finally
decided adversely to the named violator. The amount of
such penalty assessed shall constitute and is hereby
imposed as a lien against the subject property with
equal rank and dignity of any other special assessment
liens. Penalties for violations of the provisions of
this article shall be assessed in accordance with the
minimum administrative fee schedule as set forth below:
- 18 - .11837
Section
Acts/Conditions of Noncompliance Fee (Subsection)
-Failure of franchisee to remove $75.00 22-(b)
container(s) from discontinued accounts
City provision of service to $250.00 22-(b)
discontinued commercial/multi-family
property
Section 3. All ordinances or parts of ordinances insofar.
as they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance.shall not be affected. .
Section 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City of
Miami, and upon the further grounds of the necessity to make the
required and necessary payments to its employees and officers,
payment of its debts, necessary and required purchases of goods and
supplies and to generally carry on the functions and duties of
municipal affairs.
Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
- 19 - 11837
of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED BY TITLE ONLY this 28th day of
September 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
thlegislation by signing it in the designated place provided, said legislation now
becomes affective with the elapse_of ten (10) days from the date oWvQmrnissicn "Lion
regarding same, without the Mayor exercis' v o.
ATTEST: Walter J. �oeman, City Clerk
WALTER J. FOEMAN
CITY CLERK
S:
If the Mayor does not sign this Ordinance, it shall become effective at the
end of ten calendar days from the date it was passed and adopted. If the
Mayor vetoes this Ordinance, it shall become effective immediately upon
override of the veto by the City. Commission.
- 20 - 1183
•
•
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
7
DATE. �S€P L leg FILE
Honorable Mayor and Members
of the C' Commission SUBJECT:
Amendments to Chapter 22
Garbage and Other Solid
FROM: REFERENCES: Waste
D I k'-Aaw Commercial Franchise
City Manager ENCLOSURES: Agreement
RECOMMENDATION
It is respectfully recommended that the City Commission approve amendments to
Chapter 22 of the City Code, Garbage and Other Solid Waste, in support of the
replacement of commercial regulatory permits with non-exclusive commercial
franchises, as outlined in the commercial solid waste nonexclusive franchise
agreement, including but not limited to the mandatory provision of city solid waste
service to all-3-unit residences and commercial service to all 4-unit residences; the
creation of a Commercial Solid Waste Advisory Committee; and the
• addition/deletion of definitions to support the implementation of these changes.
BACKGROUND
0
At the direction of the City Commission, this administration formed a working
committee, consisting of city staff and representatives of the private commercial
solid waste industry, to develop recommendations as to the manner in which the
current commercial hauler regulatory permit process could be changed to improve
upon the provision of commercial solid waste services in the City, the enforcement
of the regulatory requirements related to this process and, if possible, to increase
revenue or decrease expenses to the City, on a recurring basis.
Resultantly, many working sessions were held which included input from City
Commissioners. After several presentations to the Commission of the results of
these deliberations and staff research of how other cities provided for commercial
solid waste services, this administration was directed to recommend a nonexclusive
franchise agreement and process which would take place, effective October 1,
1999.
11837
Honorable Mayor and Members
of the city Commission -2-
We are also recommending that the City. resume service to all 3-unit residences
and relinquish service to all properties with more than 3-units to private haulers.
The additional 3-unit residences previously serviced by the private sector would be
serviceable by our current staff and equipment. By doing so, we will eliminate
confusion which currently exists in the field because of identification issues and will
begin receiving some revenue for the material which has, in the past, been placed
out by these residential units in the past illegally. Currently, city service is optional
to 3- and 4-unit residences. As a result, approximately 1,750 3-unit residences
receive private service and 2,010 4-unit residences are currently served by the City.
We have been incurring the cost of the collection and disposal of a great deal of
trash from these residences because the size of their can service with commercial
haulers precludes containment'of the larger and bulky trash. The net effect to the
City, excluding.the. cost of the illegal trash collection and disposal, will be negligible,
less an $20,000 difference.
DW/RM/CP/am
U
f
•
1183
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9
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11837
XXXXX
inthe................................................................................ Court,
vdstblired iq vid rspaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of.advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any discou rebate, commissi um for the purpose
of secur" g this advertise public ion in the said
newsgdper. n _
Smt��t�ybscribed before me 6
dayof............................................................. A.D.19......
...1.?. ............
(SEAL)
APY PG OFFICIAL NOTARYSEAL
Octelma eyre pcQsonoJjjft" �rn#p RMER
.r '�
� % COMMISSION NUMOER
Q
CC545384
MY COMMISSION EXpjFRES
OF F•�_O APR. 12,2000
CITY ®F'MIAM1, FLORIDA
LEGAL NOTICE'
All interested persons will take notice that on the 28th.Myy eF
tember, 1,999, the City Commission of Miami, Florida adopTq*d-_l _ -fo
lowing titled ordinances: .N0-C.'
ORDINANCE NO.11636 '<
AN EMERGENCY ORDINANCE OF THE MIAM
COMMISSION AMENDING ORDINANCE % NO. .113�'
AMENDED, WHICH ESTABLISHED A SPECIAL RE
FUND ENTITLED 'VICTIMS OF CRIME ACT';
CREASE SAID APPROPRIATIONS IN THE AMOU .
$48,boo, CONSISTING, OF 'A GRANT' -FROM THE ATE.
OF FLORIDA; OFFICE OF; THE; ATTORNEY- GENERAW,__
AUTHORIZING` THE CITY MANAGER TO ACCEPT SAID
GRANT, AND TO EXECUTE THE NECESSARY_ DOCU-- .
MENT(S), IN A -FORM ACCEPTABLE TO THE CITY AT
TORNEY, FOR THIS PURPOSE; AUTHORIZING THE CITY
MANAGER TO EXPEND MONIES FROM THIS FUND FOR
NECESSARY EXPENSES TO CONTINUE THE OPERATION`
OF THE PROGRAM;- FURTHER CORRECTING SCRIV-
ENER'S ERRORS IN ORDINANCE NOS. 11637 AND 11697;
TO ACCURATELY REFLECT THE AMOUNTS APPROPRI-
ATED TO SAID FUND BY EACH ORDINANCE INCLUDING
REQUIRED IN -KIND SERVICES, AND TO SPECIFY -THE
AMOUNTS OF EACH GRANT; CONTAINING A REPEALER
PROVISION; SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE. _
ORDINAN 1837
AN EMERGENCY ORDINANCE OF MIAMI CITY
COMMISSION AMENDING CHAPTER 22 OF THE CODE OF.
THE.CITY OF MIAMI, FLORIDA,-AS•AMENDED,, ENTITLED
."GARBAGE 'AND TRASH," BY -PROVIDING FOR NEW
DEFINITIONS; PROVIDING, FOR. ,NEW REGULATIONS
CONCERNING THE REGULATION OF COMMERCIAL
SOLID WASTE HAULERS;- MANDATING CITY SOLID
WASTE SERVICE TO ALL RESIDENCES CONTAINING
THREE (3) UNITS.OR LESS; CHANGING THE RESIDEW
TIAL BULKY WASTE COLLECTION SCHEDULE AND ES
TABLISHING RESIDENTIAL SPECIAL COLLECTION
SERVICES; REPLACING THE TERMS REGULATORY
PERMIT AND PERMITTEE WITH NONEXCLUSIVE FRAN-
CHISE AND FRANCHISEE RESPECTIVELY; MORE PAR-
TICULARLY BY AMENDING ARTICLES I, II AND III, SEC-
TIONS 22-1, 22-2, 22-5, 22-6, 22-12, 22-14, 22-18, 22-46, 2A,-
47, THROUGH 22-51; 22-53, 22-56, 22-58; AND 22-93, OF
SAID CODE;, CONTAINING A REPEALER PROVISION.AND
SEVERABILITY CLAUSE.
ORDINANCE NO. 11838
AN ORDINANCE, OF' THE MIAMI CITY COMMISSION DE-
FINING AND' DESIGNATING THE TERRITORIAL LIMITS
FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXA-
TION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY -OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BE
GINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER
30, 2000; CONTAINING A SEVERABILITY CLAUSE.
OR61NANCE'N0. 11839
AN ORDINANCE OF THE MIAMI CITY COMMISSION
MAKING. APPROPRIATIONS RELATING TO OPERATIONAL
AND BUDGETARY REQUIREMENTS FOR .FISCAL YEAR .
ENDING SEPTEMBER 30, 2000; REVISING ONGOING
CAPITAL IMPROVEMENT PROJECTS. AND MAKING AP-
PROPRIATIONS'FOR.NEW PROJECTS SCHEDULED_ TO
BEGIN IN FISCAL YEAR 1999-2000; CONTAINING A RE-
PEALER PROVISION ANUA SEVERABILITY CLAUSE.
•
10
11840 1 1 s
AN ORDINANCE, WITH ATTACHMENT(S), OF THE MIAMI
CITY COMMISSION RELATED TO TAXATION, DEFINING
AND DESIGNATING THE .TERRITORIAL, LIMITS OF- THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF
MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVYING
TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT
FOR THE FISCAL YEAR BEGINNING OCTOBER- 1, 1999
AND ENDING SEPTEMBER 30, 2000, AT FIVE -TENTHS (5): j
MILLS -ON THE DOLLAR -OF NONEXEMPT'ASSESSED i
VALUE OF ALL REAL AND PERSONAL -PROPERTY IN
SAID DISTRICT;, PROVIDING THAT SAID MILLAGE'AND `•
THE LEVYING, OF TAXES WITHIN -THE TERRITORIAL
�. LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE..
CITY°S -MILLAGE LEVY ORDINANCE FOR. THE AFORE-
SAID.FISCAL YEAR WHICH IS REQUIRED BY THE CITY
CHARTER SECTION 27; PROVIDING,THAT THE' FIXING
OF'THE MILLAGE AND THE LEVYING OF TAXES HEREIN
t SHALL' BE IN ADDITION TO SPECIAL ASSESSMENTS;
I PROVIDING, THAT --THIS _ORDINANCE SHALL :NOT BE I
DEEMED AS REPEALING, OR AMENDING ANY OTHER
ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT
SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION
THERETO; CONTAINING A REPEALER PROVISION, SEV
ERABILITY CLAUSE AND PROVIDING FOR AN EFFEC-
TIVE DATE.
ORDINANCE NO.11841
'AN' ORDINANCE . OF THE MIAMI CITY COMMISSION
MAKING -APPROPRIATIONS FROM THE: DOWNTOWN DE-
VELOPMENT DISTRICT AD VALOREM TAX LEVY AND
OTHER -MISCELLANEOUS .INCOME FOR THE DOWN-
TOWN DEVELOPMENT AUTHORITY OF THE CITY -OF MI-
AMI, FLORIDA, FOR THE.FISCAL YEAR BEGINNING OC
TOBER 1, ,1999 AND .ENDING SEPTEMBER 30, 200t);
AUTHORIZING THE DOWNTOWN DEVELOPMENT -
AUTHORITY TO INVITE. AND- ADVERTISE REQUIRED
t BIDS;• PROVIDING FOR BUDGETARY FLEXIBILITY; PRO
VIDING THAT THIS ORDINANCE BE -DEEMED SUPPLE -
AND -IN ADDITION TO THE ORDINANCE MAKING ;Z
'r APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,-1999 AND ENDING SEPTEMBER 30, 2000
FOR THE OPERATIONS FOR THE CITY OF MIAMI;
CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDINGFOR AN EFFECTIVE DATE.
aaid ordinances may be inspected' by the public at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
FJday, excluding holidays, between.the hours of 8 a.m. and'5 p.m. .
: Walter J. Foeman
City Clerk
1(#5#5295) 99-4-1001-i 68M._
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