HomeMy WebLinkAboutR-99-0487J-99-585
7/1/1999
RESOLUTION NO. 9 U ^ 487
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH BROWNING FERRIS
INDUSTRIES, INC., ("BFI"), RELATIVE TO A
DISPUTE INVOLVING THE PAYMENT OF A PERCENTAGE
OF GROSS RECEIPTS COLLECTED FROM CERTAIN
ACCOUNTS BFI BELIEVED TO BE EXEMPT FROM
PAYMENT OF SAID FEE.
WHEREAS, Section 22-56 (b) of the Code of the City of Miami,
Florida, requires that all permitted commercial solid waste
collectors pay a percentage of their gross monthly receipts to
the City; and
WHEREAS, BFI a solid waste collector, asserts that certain
of their solid waste collection accounts were exempt from the
payment of the regulatory permit fee; and
WHEREAS, in an effort to amicably resolve this matter
without the necessity of protracted litigation, BFI agrees to pay
to the City the sum of $123,983.00; and
WHEREAS, the City has reviewed the offer of settlement and
=7 C obMSSION
MEETiNG OF
i
} JU L 13 1999
�ie.olution No.
�9-- 487
has found it to be fair and reasonable;
WHEREAS,
the
City
has
reviewed the offer of settlement and
has found it
to be
fair
and
reasonable;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute a settlement agreement, in a form acceptable to the City
Attorney, with BFI in accordance with the agreement reached by
the parties as follows.
1. BFI agrees to pay the sum of $123,983,000 to the
City.
2. The City agrees to waive the remainder of the
- 2 -
99- 487
rl•
disputed amount.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorl/.
PASSED AND ADOPTED this 13th day of July r 1999•
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place mVided, said legisla"! •1 11
becomes effective with the elapse of ten (10) d fr the a of Commi
regarding same, without the Mayor e�rcisin a v y
ATTEST:
City Clerk
WALTER J. FOEMAN
CITY CLERK/1
TTORNEY
78:GKW:RCL
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
CITY OF MIAMI, FLORIDA 23
INTER -OFFICE MEMORANDUM
TQ The Honorable Mayor and Members DATE:
" �.! 7 y FILE
of the City Commission
SUBJECT: Resolution Authorizing
Settlement from Browning
FROM: REFERENCES: Ferris Industries
D nald H. Warshaw
City Manager ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached
resolution accepting the City Manager's recommendation authorizing settlement
with Browning Ferris Industries ("BFI") for servicing commercial exempt solid
waste accounts.
&iPk
DHW/r/ar
99- 487