HomeMy WebLinkAboutR-99-0488J-99-586
7/1/99
RESOLUTION NO. v v i 4" S
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 WASTE MANAGEMENT,
INC., ("WASTE MANAGEMENT"), RELATIVE TO A
DISPUTE INVOLVING THE PAYMENT OF A PERCENTAGE
OF GROSS RECEIPTS COLLECTED FROM CERTAIN
ACCOUNTS WASTE MANAGEMENT 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, WASTE MANAGEMENT, 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, the issue of exemptions from payment of the
regulatory permit fee appears to be legally inapplicable to
certain of Waste Management's account; and
WHEREAS, in an effort to amicably resolve this matter
CM e'OMMUSSION
&FETING OF
{ J U i_ 13 1999
Rmlutlon lso.
99- 488
without the necessity of protracted litigation, WASTE MANAGEMENT
agrees to pay to the City the sum of $107,653.00; and
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 Waste Management in accordance with the agreement
reached by the parties as follows.
1. Waste Management agrees to pay the sum of
$107,653.00 to the City.
2. The City agrees to waive the remainder of the
disputed amount.
Section 3. This Resolution shall become effective
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99- 488
disputed amount.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor!'.
PASSED AND ADOPTED this _ 13th day of July 1999.
JOE CAROLLO, MAYOR
3hdance with Miami Code Sec. 2-36, since the Ma or did not Indicate approval of
it s il4slation by signing it in the designated plac rovided, said legislatin - my
:braes effective with the elapse of tan (10) a- f the det�,pf Com�ej
-n
t vIft, same, without the Mayor a rcisi �i . � 1 l 1
ATTEST:
Clark
WALTER J. FOEMAN
CITY CLERK
APPROV AS OYF AN�ORRECTNESS :tj
fTMWRO VIL
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.
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29- 488
CITY OF MIAMI, FLORIDA 24
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members
of the City Commission
FROM:
Donald H. Warshaw
City Manager
DATE: JUN 2 0 ;vv� FILE
SUBJECT: O
Resolution Authorizing
Settlement from Waste
REFERENCES: Management
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached
resolution accepting the City Manager's recommendation authorizing settlement
with Waste Management for servicing commercial exempt solid waste accounts.
DHWARU/ar
I
99- 488