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HomeMy WebLinkAboutO-11606J-98-8 1 /13/98 ORDINANCE NO. 11606 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION RECYCLINIG AND EDUCATION (FY'98)" AND APPROPRIATING FUNDS FOR THE DEVELOPMENT AND IMPLEMENTATION OF" SAME IN THE AMOUNT OF $275,573.00, CONSISTING OF A SOLID WASTE MANAGEMENT RECYCLING PROGRAM GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the State of Florida has enacted the 1988 Solid Waste Management Act requiring counties and cities statewide to develop and implement recycling programs in order to achieve the statewide recycling mandate and statutory goal of a thirty percent (30%) waste reduction which was achieved by July 1, 1994 in accordance with Section 43.706(4) Florida Statutes; and WHEREAS, the City of Miami, pursuant to Resolution No. 89-218, has submitted a joint grant application with Metropolitan Dade County under an executed interlocal agreement to the State of Florida Department of Environmental Regulation in order to avoid a local match requirement in Section 403.7095(3)(c) Florida Statutes; and WHEREAS, the Department of Environmental Regulation, in accordance with the State of Florida Solid Waste Management Grant Rule 17-716, has approved the City of Miami and Dade County joint application for FY '98; and 11606 WHEREAS, the Board of County Commissioners of Metropolitan Dade County, pursuant to Resolution No. R-623-97, accepted the State of Florida Solid Waste Management grant award for FY'98 in the amount of approximately $3.9 million ($2 million for Recycling and Education and $1.9 million for Waste Tires) on behalf of the County and those municipalities participating in the joint application for said grant, and the County Manager executed the grant agreement; and WHEREAS, the City of Miami's portion of said awarded funds amounts to $ 218, 722.00; 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. The following Special Revenue Fund is hereby established and resources are hereby appropriated as described herein. FUND TITLE: SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'98) RESOURCES: STATE OF FLORIDA, DEPARTMENT OF $ 275,573 ENVIRONMENTAL REGULATION: SOLID WASTE MANAGEMENT RECYCLING PROGRAM GRANT APPROPRIATION: SOLID WASTE REDUCTIOWRECYCLING $ 275,573 AND EDUCATION (FY'98) Section 3. The City Manager is hereby authorized' to accept the aforementioned grant and to execute the necessary documents, in a form acceptable to the City Attorney, for this purpose. ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 1160 Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final readying and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY thisl3th day of January , 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING this loth day of February 1998. C� AVIER L. S A Z, MAYOR PREPARED AND APPROVED BY: RAFAEL 0. DIAZ DEPUTY CITY ORNEY APPROVED AS TO FORM AND CORRECTNESS: A/Wk/WWO DONE, I CITY ATTORNE W415:CSK 3 11606 TO FROM 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members DATE: FEB 2 i ✓:i8J FILE of the City Commission SUBJECT: RECYCLING APPROPRIATION ORDINANCE (FY '98) Jose Garcia -Pedrosa City Manager RECOMMENDATION REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached appropriation ordinance establishing a Special Revenue Fund Entitled: "Solid Waste Reduction: Recycling and Education Grant and Waste Tire Grant" from the State of Florida Department of Environmental Regulation (FDER) pursuant to the 1988 Solid Waste Management Act; Section 403.7095 Florida Statute and FDER Grant Rule 17- 716. BACKGROUND The City of Miami (City) currently has interlocal. agreements with Dade County to allow for joint application for two (2) State grants. The grants are: 1) The Recycling and Education Grant and 2) The Waste Tire Grant. As a municipal participant in an interlocal agreement by and between the City of Miami and Metro -Dade County, the City of Miami (per Resolution No. 89-218) agreed to submit a joint grant application with Dade County and other municipalities in Dade County to the FDER in order to avoid a local match requirement per Section 403.7095 3© Florida Statute. On June 3, 1997, the Dade County Board of County commissioners, per Recycling and Education Grant FY `97-98 for Municipal Grant Allocations, applied for and accepted, on behalf of the County and those municipalities participating in the joint grant application, a grant award in the amount of approximately $3.9 million in grant funds from the State of Florida Solid Waste Management Grant Program for the funding of recycling and waste tire projects. Further providing authorization for execution of the grant contract (R-623- 97), in substantially the attached form. Said grant agreement provides funding for recycling program operations and for recycling -related educational and promotional purposes. According to the final grant statement and pursuant to FDER Grant Rule 17-716, only those expenditures incurred during the funding period will be funded. The method of payment for recycling program expenditures incurred by the City is based on monthly or quarterly requests for payment. Only allowable expenses incurred will be approved by the FDER for reimbursement purposes. 11606 11. ! 0 /97 12 : 06 $`5941696 • M.U.SOLID WASTE • Q 002 Approved Veto Override Mayor RESOLUTION NO. Agenda Item No 6-3-97 r 6(A)(1) RESOLUTION AUTHORIZING THE COUNTY MANAGER TO APPLY FOR, RECEIVE AND EXPEND FUNDS FROM THE STATE'S SOLID WASTE MANAGEMENT GRANT PROGRAM; AND;.AUTHORIZ.ING THE DIRECTOR OF THE DEPARTMENT OF SOLID WASTk MANAGEMENT TO SIGN REIMBURSEMENT REQUESTS FOR THE GRANT WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this board authorizes the County Manager to apply for approximately S3.9 million in grant funds from the State of Florida Solid Waste Management Grant Program for the funding of recycling and waste tire projects to be made on behalf of Dade County and those municipalities having agreed to joint participation through execution of the appropriate Interlocal Agreement, authorizes the County Manager to execute same for and on behalf of the County following approval by the County Attorney's Office, and to exercise the cancellation provisions contained herein, and authorizes the Director of the Department of Solid Waste Management to sign reimbursement requests for the grant. The foregoing resolution was offered by Commissioner 'ems D. Sa moved its adoption. The motion was seconded by Commissioner % RIM and the vote was as follows: Dr. Miriam Alonso Dr. Barbara M. Carey Betty T. Ferguson Gwen Margolis Jimmy L. Morales Pedro Reboredo aye James Burke Ashur Miguel Diaz de la Portilla aye Bruce C. Kaplan ye Natacha Seijas Millan aye , Dennis C. Moss aioealt Katy Sorenson Javier D. Souto , who 0 11600 11: L0, 97 1.2: 06 $`.5941696 K.D. SOLID %-1STF. 1?003 .' Agenda Item No. 6 (A) (1 Page 2 The Chairperson thereupon declared the resolution duly passed and adopted this 3rd day of June, 1997. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. 14 x -DADE COUNTY, FLORIDA ? �? BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVINT, CLERK Approved by County -Attorney as ��AN to form and legal sufficiency. Deputy Clerk 4 I i 6 0 6 DEPARTMENT OF SOLID WASTE MANAGEMENT RECYCLING &CATION FY97-98 PRELIMINARY NT ALLOCATIONS REVISED &27197 ORIGINAL ALLOCATION 1997-98 $914,519 COUNTYWIDE PROGRAM ADMINISTRATION 47,000 SUBTOTAL: $47, 00 0 FDEP REQUIRED BASE PORTION $129,326 MUNICIPALITIES WITH POPULATION OF 50,000 OR $25,865 EACH (X5 MUNICIPALITIES) AVAILABLE FOR DISTRIBUTION PER CAPITA: $738,193 ALLOCATION PER CAPITA (INCENTIVE PORTION) $0.36127 !i INCENTIVE--," BASE 1;99=98:: i POPULATION ;PORTION PORTION ! ALLnICaTON:; BAL HARBOUR 3,117 $1,126 I j BAY HARBOR ISLAND; BISCAYNE 4,6631 $1,685 I I R 51126 PARK 3,030 ;I $1,095''i. CORAL GABLES EL PORTAL 41.205 $14,886 511�5. $94;886 FLA CITY 2,485 5,590 $898$98 $2,020 GOLDEN BEACH HIALEAH 835 i$302 $2;Q2Q'i 02 HIALEAH GARDENS 206,500 12,208 j $74,603 $4,410 $25,865 $�$ HOMESTEAD KEY BISCAYNE 25,385 I $9,171 54;4101 3917'I MEDLEY I 8.885I 884 $3,210 $319 $3,210 MIAMI MIAMI BEACH 365,1271 $131,910 $25,865 !' $31.9 $''157�iT7� I MIAMI SHORES � 91,848 ; 10,162 ; $33,182 $257865 r � $�59" i MIAMI SPRINGS 13,356 � $3,671 $4,826671' � . - N BAY VILLAGE 5,894 $2,129 j � 26- NORTH MIAMI N MIAMI BEACH 50,757 $18,337 I $25,8651 32129 $44 ;;02' OPA LOCKA 15 790 1 15,790 $13, 704 $5,704 $.13 749 SOUTH MIAMI 10,537 I W704: SURFSIDE 4,361 $1,5�6 i $3�$07; VIRGINIA GARDENS 2,267 ! $819 i1;376 WEST MIAK41 5,832 $2,107 $819.' $2,107 INCORP. DADE CNTY 928,778 5335,542 $103,460 j $439;OD2 ; UNINCORP DADE CNT 1,114.538 $402,646 $25,865� i $428,517' COUNTYWIDE PROGRAMS (SEE ABOVE): $47,000 TOTAL �4151� JNINCCRPORATED DADE COUNTY POPULATION INCLUDES SWEE WATER, INDIAN CREEK & ISLANDIA, Aventura and Pinecrest PRELIMINARY j 11606 5 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 Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review flkla 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. 11606 In the...........XXXXX............................... Court, was etblisheg I' said jaTpaper In the Issues of Afflant 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 mall 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 o v rtisement; and afflant further says that she has neith pal nor promised any person, firm or corporation any Isco t, rebate, commission or refund for the purpose of s u g this advertisement for publication In the said SvnPetQand r subscribed before me tt 18 guarts.. ......ddray of ......................... A.D. 19...... (SEAL) Fl,00i: PRY PG6 OFFICIAL NOTARY SEAL CHERYL H MAfRMER Sookle Williams I(�oQn tO9011pIIMSION NUMBER 4 Q CC545384 MY CCOW Pve A RI.� 12,2000 EXPIRES LEGAL NOTICE - All interested persons,�will take notice .that 'on the 10th ,day of February, 1998, the. ,City Comm_ ission of Miami; Florida,. adopted the following titled ordinances:, ORDINANCE NO. 11605 AN ORDINANCE AMENDING SECTIONS 2-1052 AND 2- 1053 OF -THE CODE OrTHE;CITY OF MIAMI, FLORIDA, AS AMENDED, TO DECREASE THE.NUMBER OF -BOARD MEMBERS ON THE 'OVERTOWN.ADVISORY BOARD,AND, THE MEMBERS, REQUIRED FOR -A • QUORUM FOR SAID•. . BOARD;'CONTAINING,A REPEALER; PROVISION, A SEW ERABILITY 'CLAUSE, "AND PROVIDINGFOR AN EFFEC-: TIVE DATE. . ORDINANCE NO. 11606 AN ORDINANCE ESTABLIS ah�A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE- REDUCTION . -RECYCLING- AND . EDUCATION (FY'98)" AND. APPRO- PRIATING FUNDS FOR THE DEVELOPMENT AND IMPLE- MENTATION OF SAME IN THE AMOUNT,OF $275,573.00, CONSISTING,OF-A SOLID WASTE MANAGEMENT RECY- CLING PROGRAM GRANT . FROM THE 'STATE OF FLORIDA-DEPARTMENT OF ENVIRONMENTAL REGULA- TION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID, GRANT -AWARD_ AND TO EXECUTE THE NECES- SARY DOCUMENTS; IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER�RRQVISION.AND A SEVERABIL•ITY CLAUSE.' ORDINANCE NO 11607- L t a AN .!ORDINANCE' -;AMENDING; CAPITAL;IMPROVEME.NTSi-a.T. ORDINANCE -NO. -11337, AS AMENDED,-, ADOPTED JANU ARY -25,' 1996, THEREBY CONTINUING AND REVISING PREVIOUSLY APPROVED'. SCHEDULED CAPITAL IM PROVEMENT PROJECTS FOR FY '97-98; CONTAINING A -REPEALER PROVISION AND -A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. - ORDINANCE NO. I}608-,. AN :ORDINANCE'AMENDING THE TY ODE TED TO- THE CITY OF MIAMI GENERA. i)APLOYEES' AND SANITATION EMPLOYEES' RETIR M%iFRUS GESE TRUST"); MORE PARTICULARLY A Sl N.40-� 250 PROVIDING FOR THE REJECT49-O� NF MP} EM SHI BY ASSISTANT CITY MANAGER aSPE AS-- ..SISTANTS `TO THE CITY . MANA �:QONTAINING A< REPEALER PROVISION AND A SEVgW Y CIRMSE. :ORDINANCE NO. 1R609> =" AN -ORDINANCE AMENDING,SECTT(7NS571 AN19355-10 M _ OF THE CODE OF THE 'CITY OF .MIAMI, FLORIDA, AS., ; AMENDED, ,DEFINING GOVERNMENTAL, -AGENCY AND, ;PROVIDING A-- MECHANISM WHEREBY`CITY•�BUILDING ..,; PERMITS MAY- BE ISSUED FOR CONSTRUCTION OF IMPROVEMENTS ON GOVERNMENTAL AGENCY -OWNED' LAND -;WITHIN' THE BOUNDARIES -OF AN - APPROVED.'' TENTATIVE PLAT PRIOR -.TO FINAL -PLAT APPROVAL AND::'; RECORDATION;' CONTAINING,A REPEALER'PROVISION AND XSEVERABILITY CLAUSE; AND PROVIDING FOR -AN - EFFECTIVE -DATE "Said ordinances may,be'inspected by the public at the Office of the City.Clerk,,3500 Pin'American Drive,.Miami, Florda Monday through 'Friday, excludingi. olidays, between the hours of 8 a.m. and'5 p.m. IP WALTER J.'FOEMA , N 'CITY -CLERK (#4767) 18 98-4-0218291 M • r� u 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 Vk/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 AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO. 11337 in the ...................... XXXXXXX............................... Court, was published in said newspaper in the issues of Jan 30, 1998 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 discount, rebate, commission for the purpose of securlptfthis advertiserngqPW public ion in the said Swoh tsub ri bore me this 30 ar 98 .....dav ......... A.D. 19...... (SEAL) OY P/0 OFFICIAL NOTARY SEAL JANETT LLERENA Octelma V. Ferbeyre perso O rt��, lamCpMMISSIt)N NUMBER ?'QCC566004 � My COMMISSION EXPIRES �OF FLOC JUNE 23.2000 U11111IFT ®F MIAMI, FLUNNUA ::NOTICE OF PROPOSED'ORDINANCES " Notice is hereby given that tii& City.. Commission of, the -City -of. Miami, Florida, will- consider the following ordinances on second: and final reading on February•10; 1998, commencing at 10:00-a.m., in the _City, Commission Chambers, 3500 Pan American Drive; ,Miami; Florida; —"ORDINANCE NO. ' .AN ORDINANCE AMENDING SECTIONS 2-1052 AND 2- 1053 OF THE CODE- '-OFt:THE.,CITY OF MIAMI, FLORIDA, 'AS AMENDED, TO DECREASE THE NUMBER OF BOARD MEMBERS ON THE-OVERTOWN ADVISORY BOARD AND THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM FOR SAID BOARD; CONTAINING A REPEALER PROVI- SION,' A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. : AN ORDINANCE 'ESTABLISHING A NEW SPECIAL-. REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION . RECYCLING 'AND *EDUCATION (FY'98)° AND APPROPRI- ATING FUNDS FOR THE DEVELOPMENT. AND IMPLE- M ENTATION 'OF SAME IN THE AMOUNT OF $275,573.00, " CONSISTING OF A -SOLID WASTE.MANAGEMENT RECY- CLING. PROGRAM GRANT FROM -THE STATE' OF�FLOR- IDA DEPARTMENT OF ENVIRONMENTAL REGULATION;' AUTHORIZING THE CITY MANAGER TO ACCEPT. SAID: GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE =CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A ,REPEALER PROVISION AND KSEVERABILITY CLAUSE. -AN ORDINANCE-AME -CAPITAL IMPROVEMENTS. ORDINANCE NO. 11337, AS _ AMENDED, ADOPTED JANU- ARY 25, 1996,'THEREEN CONTINUING AND REVISING PREVIOUSLY- APPROVED SCHEDULEDCAPITAL- IM- _" ;. PROVEMENT PROJECTS FOR FY '97-98; CONTAINING A .REPEALER PROVISION -AND. A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE, DATE. ORDINANCE'NO. 'AN ORDINANCE AMENDING THE CITY CODE RELATED. , ,TO' THE .CITY OF MIAMI- GENERAL EMPLOYEES' AND .: SANITATION EMPLOYEES' RETIREMENT TRUST (°GESE tt .' TRUST"); MORE PARTICULARLY AMENDING. SECTION 40- 250 PROVIDING FOR THE REJECTION OF MEMBERSHIP."' BY:ASSISTANT. CITY MANAGERS AND SPECIAL ASSIST ANTS`TO.THE CITY.MANAGER; CONTAINING A REPEAL= w,ER PROVISION. SEVERABILITY CLAUSE. - — - " - ORDINANCE 40. AN ORDINANCE AMENDING SECTIONS 55-1 AND 55-10, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; DEFINING GOVERNMENTAL AGENCY AND PROVIDING A MECHANISM. WHEREBY CITY BUILDING PERMITS MAY, BE ISSUED FOR CONSTRUCTION OF IMPROVEMENTS ON GOVERNMENTAL AGENCY -OWNED -LAND WITHIN THE BOUNDARIES OF AN APPROVED TENTATIVE PLAT PRIOR TO FINAL PLAT APPROVAL AND ! RECORDATION; CONTAINING 'A REPEALER PROVISION AND A SEVERABILITY-CLAUSE; AND PROVIDING FOR AN -EFFECTIVE DATE. - Said proposed' ordinances may be inspected by. the public at the I Office of the City Clerk,.3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 ; a.m. and.5 p.m.' . .. I All interested persons may appear at the meeting and be heard with s { respect to the proposed „ordinances. Should any person desire. to .I appeal any decision of the City Commission with'respect to any matter_ ' to be considered it this :ineeGng,. that ..person, shall ensure that a' verbatim record of the proceedings is made including ail testimony and ' i - evidence upon which any"appeal_may be based.