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Home My WebLink AboutO-11634J-98-378 3/24/98 ORDINANCE NO. 11634 AN EMERGENCY ORDINANCE AMENDING SECTION 22-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY INCREASING THE REGULATORY PERMIT FEE FROM FIFTEEN PERCENT (15%) TO TWENTY PERCENT (20%) OF GROSS RECEIPTS GENERATED ANNUALLY BY PRIVATE SOLID WASTE HAULERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 22-56 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: l/ "Sec. 22-56. Regulatory permit fee requirement; monthly regulatory permit fee payment; approval by director as a prerequisite to issuance; financial statements, list of accounts. (b) Effective October 1, 1994, all city -permitted commercial solid waste haulers will be required to pay to the city a regulatory permit fee of eight percent of the permitteeIs total gross monthly receipts. Said regulatory permit fee shall be increased to 12 percent effective October 1, 1995, and to 15 percent effective October 1,� 1996. Said regulatory permit fee shall lie further increased to 20 percent (20%) , 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. 11634 effective may i, 1999_ The permittee shall, on or before the last day of each month, deliver to the city finance department a true and correct statement of gross receipts generated during the previous month. from its services rendered within the city on or before the last day of each month. Payments of said fee shall be made on a monthly basis to the city finance department, on or before the last day of each month, representing gross receipts collected the previous month. The permittee shall on or before 30 days following the close of each fiscal year deliver to the director a statement of its annual gross receipts generated from accounts within the city prepared by an independent certified public accountant reflecting gross receipts within the city for the preceding fiscal year. The permittees will allow city auditors, during regular business hours after reasonable notice, to audit, inspect and examine the permitteesI fiscal books and records and tax returns, insofar as they relate to city accounts, to confirm the permittees' compliance with this section. In the event the permittee fails to pay the full franchise fee percentage of the permittee's total monthly gross receipts, the fee shall bear interest at the rate of one percent per month on the outstanding balance until paid and additionally the permittee shall have to pay all expenses of collection, including court costs and reasonable attorneys fees. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. 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 - 2 - 11634 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. 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 6. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED BY TITLE ONLY this 31st day of March 1998. ATTEST: WALTER J. FOEMAN CITY CLERK JOE CAROLLO, MAYOR - 3 - 11634 i • PREPARED AND APPROVED BY: " 4� , e v �': GEORGE . WYSON , I I ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ezl_u-�// EDWARD MA RIM CITY A 74:GKW 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 provided, said legislation now becomes effective with the elapse of ten (10) days from the date of Commissicn action regarding same, without the Mayor exercisi veto. It J. an, City Clerk 4 - 11634 9 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: FILE: of the City Commission SUBjEC1 : Chapter 22, Garbage and Other Solid Waste FROM: Jose Garcia -Pedrosa RE:FERENces: Amendment of Sec. 22- 56,Regu[BtGry Penn:t City Manager ENCLOSURES: Fee Requirement It is respectfully recommended that the City Commission approve an increase in the annual Regulatory Permit Fee required by all city -permitted commercial solid waste haulers from 15 percent (15%) to 20 percent (20%), effective immediately upon adoption of the attached ordinance. BACKGROUND The City of Miami adjusted the annual Regulatory Permit Fee required by all city - permitted commercial solid waste haulers to 15 percent effective October 1, • 1995. This source of recurring revenue has, however, not been as productive or consistent as it should have been because of a number of factors, all of which this administration is addressing. The permitting process required in Chapter 22, Garbage and Other Solid Waste, has allowed for multiple companies to do business in Miami. The addition of biomedical, hazardous waste and construction and demolition debris haulers added to the difficult tracking process for payment of the monthly Regulatory Permit Fee to the City. Resultantly, the City has not realized the revenue from this fee stream which was projected. As an enterprise fund, the budget of the Department of Solid Waste must equal the total cost of operations and administration. The Regulatory Permit Fee is a contributing factor to the revenue stream of this department and should; therefore, be increased, along with the increase in fee which is being implemented for residential services and the implementation of a restructured public rights -of --way cleaning fee. JGP:JP:AM:mb • 1163.4 1 3/30/98 12:01p Itiotij II4 �taml* "'ALTER J. FOEMAN City Clerk May 26, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11619 11621 11622 11624 11625 11626 11627 11628 11629 11630 11631 11632 11633 11634 11640 11642 11645 11650 11651 If I can be of any further assistance, please do not hesitate to call. Yours truly, allastegui-Alonso . Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 Witij of 'ffltam* �'0. rip WALTER J. FOEMAN City Clerk Co.. VX'0 May 26, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12`h Street Room 8100 (81h Floor) Miami, FL 33125 Dear Ms. Maldonado: JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11619 11621 11622 11624 11625 1.1626 11627 11628 11629 11630 11631 11632 11633 M34 11640 11642 11645 11650 11651 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City CI By Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 WALTER J. FOEMA;N City Clerk May 26, 1998 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12`h Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: t of ffliamf v oF,y � 3 .. Heal ul�o u n JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11619 11621 11622 11624 11625 11626 11627 11628 11629 11630 11631 11632 11633 1163.4� 11640 11642 11645 11650 11651 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk " Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 • • 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. 11634 inthe ...................... XXXXX....................................... Court, was published in said newspaper in the issues of Apr 8, 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 pars or corporation any dis t, rebate, commiso refund r the purpose of se ring this advertise Publica on in the said and 11 subscrrd bb!e this 98 (SEAL) PP9 PV ee, OFFICIAL NOTARY SEAL JANETT LLERENA Octelma V. Ferbeyre pers l �t )me. COMMissiou NUMBER 91 a CC566004 MY COMMISSION EXPIRES F F1.O JUNE 23.2000 ','' %;1TT Ur MIAMI,, rL.WMIUw. - LEQAL NOTICE All interested -persons will take notice that on the 31st day of March, 1998, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE -NO. 11631 AN EMERGENCY ORDINANCE AMENDING SECTION .22-- :12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS -•. AMENDED, THEREBY INCREASING THE SOLID WASTE -FEE TO $188.00 -ANNUALLY. AND BY ,DELETING.. ALL REFERENCE TO SCALE FEES; CONTAINING. A REPEA- LER PROVISION AND` -A SEVERABILITY CLAUSE; PRO- VIDING•FOR AN EFFECTIVE DATE. ORDINANCE NO. 11632; AN; EMERGENCY ORDINANCE AMENDING CHAPTER PTER 22, ARTICLE,I,,SECTION 22-12.OF THE CODE. OF THE.CITY OF MIAMI, FLORIDA, AS. AMENDED, ENTITLED "WASTE .FEES,'' BY SETTING FORTH SUPPLEMENTAL WASTE FEES TO ' BE, ASSESSED . UPON COMMERCIAL'. ES- TABLISHMENTS AS SPECIFIED HEREIN; CONTAINING A. REPEALER PROV,ISION•AND A SEVERABILITY CLAUSE;, PROVIDING:FOR AN EFFECTIVE DATE. ORDINANCE NO. 11633 AN EMERGENCY ORDINANCE AMENDING. SECTION 5 OF - ORDINANCE NO.: 6145, ADOPTED MARCH; 19,: 1958,. AS AMENDED, WHICH, ESTABLISHED FEES FOR BUILDING, PLUMBING, -ELECTRICAL, ;MECHANICAL, • .INCLUDING ., BOILER AND ELEVATOR, INSPECTION PERMIT AND CERTIFICATE FEES, (THE ."BUILDING PERMIT FEES"), THEREBY ADDING AND INCREASING REQUIRED FEES TO. COVER COSTS, FOR THE ENFORCEMENT OF'THE SOUTH FLORIDA BUILDING CODE; FURTHER AMENDING THE CODE••OF THE .CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR CODIFICATION OF.SAID .;BUILDING PERMIT FEES ;.AS ,.SECTION 10-4 OF SAID . CODE; .CONTAINING A REPEALER PROVISION, SEVER ABILITY CLAUSE,;AND PROVIDING FOR AN EFFECTIVE---' DATE; AND, PROVIDING FOR, INCLUSION. IN •THE.CITY -. CODE. ORDINANCE NO. ' 11 AN EMERGENCY ORDINANCE AMENDING SECTION 22-. 56'OF,THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY INCREASING• THE REGULATORY PERMIT FROM' FIFTEEN PERCENT '(15%) TO TWENTY PERCENT (20%) .OF GROSS RECEIPTS -GENERATED ANNUALLY.- BY . PRIVATE SOLID WASTE HAULERS; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Said, ordinances maybe inspected by the public al the 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. of WAL ER J. FOEMAN. 4?< - Cint #4786