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7/13/89
ORDINANCE NO. 10654
AN ORDINANCE AMENDING SECTION 22-2 OF
CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND
TRASH", BY ADDING A NEW SUBSECTION (g)
PROVIDING REGULATIONS TO SAID SECTION FOR THE
BUNDLING AND PREPARATION OF NEWSPAPERS AND
SALVAGEABLE MATERIALS; FURTHER, AMENDING
SECTION 22-13 OF CHAPTER 22 BY ADDING TO SAID
SECTION A NEW SUBSECTION (d) PROVIDING FOR
THE PLACE WHERE NEWSPAPER AND SALVAGEABLE
MATERIALS SHALL BE PLACED FOR COLLECTION, THE
TIME OF COLLECTION AND A PENALTY FOR REMOVAL
BY UNAUTHORIZED PERSONS; FURTHER, ADDING, TO
SAID CHAPTER A NEW SECTION 22-13.1 PROVIDING
FOR THE INSTITUTION AND ESTABLISHMENT OF A
SEPARATE INDEPENDENT EDUCATIONAL FUND TO BE
USED TO FUND TEN (10) SCHOLARSHIPS EACH YEAR
TO CHILDREN OF CITY OF MIAMI SOLID WASTE AND
GENERAL SERVICES ADMINISTRATION DEPARTMENT
EMPLOYEES, AS DETERMINED BY THE CITY
COMMISSION, UPON THE TERMS AND CONDITIONS
CONTAINED IN SUCH SECTION; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
WHEREAS, the State of Florida has enacted the 1988 Solid
Waste Management Act requiring counties and municipalities
statewide to develop and implement recycling programs in order to
accomplish the statewide recycling mandate and legislative goal
of a thirty percent waste reduction by July 1, 1994 in accordance
with Section 403.706 (4), Florida Statutes; and
WHEREAS, the City Commission recognizes the need to comply
with the state recycling mandate and considers the conservation
of energy and the environment to be of utmost importance in this
day and age; and
WHEREAS, the State of Florida Solid Waste Management Act
requires that "at a minimum, a majority of the newspaper,
aluminum cans, glass and plastic bottles must be separated from
the solid waste stream prior to final disposal and offered for
recycling" in accordance with Section 403.706 (2)(b), Florida
Statutes; and
WHEREAS, it has been established by authoritative sources
that the recycling of newspapers and other salvageable materials
10654
N'
conserves energy, contributes to the effort to help the
environment and creates additional revenues for the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. ,Section 22-2 of the Code of the City of
Miami, Florida, as amended, is hereby amended by adding
Subsection (g) in the following particulars 1I:
"Sec. 22-2 Collection services, container usage,
condition and requirement for placement
location.
Newspapers and other salvageable materials defined
as aluminum cans glass and plastic bottles shall be
separated from all other solid waste material, shall be
separately bundled by being placed in shopping or other
]craft bags, cardboard boxes, and any other container as
deemed appropriate by the Director or tied securely
with rope or cord in bundles not exceeding fifty (50)
pounds.
Section 2. Section 22-13 of the Code of the City of
Miami, Florida, as amended, is hereby amended by adding
Subsection (d) in the following particulars 1�:
"Sec. 22-13 City collection of solid waste.
(d) Newspapers or other salvageable materials defined
as aluminum cans, glass and plastic bottles which shall
be separated from all other solid waste materials as
provided for herein shall be placed at the curb next to
domestic trash and collected by the department at the
same time and schedule as domestic trash, unless
otherwise designated by the Director. It shall be
unlawful for any person, firm or corporation not
licensed therefore, other than the owner, lessee, or
occupant of that residential building, except City
personnel to collect or otherwise remove any newspapers
or other salvageable materials which have been
specifically placed for collection in the recycling
collection program. The penalty as contained in Code
Section 1-6 is hereby applicable to violations of this
section."
Section 3. Section 22-13 of the Code of the City of
Miami, Florida, as amended, is hereby amended by adding a new
1� Underscored words shall be added. Asterisks indicate
omitted and unchanged material.
Wa
10654
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y
Section 22-13.1, entitled "Educational Trust Fund Established
From Recycling Program for Scholarships to Children of Certain
City Employees; Providing Certain Conditions for Implementation
of Said Fund", reading as follows:
"Sec. 22-13.1 Educational Trust Fund Established From
Recycling Program for Scholarships to
Children of Certain City Employees;
Providing Certain Conditions for
Implementation of Said Fund.
The monies received by the City of Miami from the
recycling of newspapers and other salvageable materials
shall be separately received, maintained and accounted
for in an independent fund account to be held in the
same manner as a trust account by the City for an
educational fund hereby established upon the conditions
as set forth in this section. The funds received,
pursuant to the City's Recycling Program, shall be the
subject of a separate appropriations ordinance to be
adopted by the City Commission and separately
administered by appropriate personnel of the City.
Upon the accumulation of One Million Dollars
($1,000,000) in funds received through this recycling
collection program, all interest, as it accrues upon
such principal amount, shall be utilized, subject to
the sufficient accrual of interest, to pay ten (10)
full scholarships to college level educational
institutions to be awarded annually by the City
Commission to children of City of Miami Solid Waste and
General Services Administration Department, as
determined by the City Commission to have the greatest
need for such scholarships. In the event the interest
accrued upon said One Million Dollars ($1,000,000) in
this Fund is insufficient to pay for ten (10) full
scholarships, on an annual basis, a lesser amount of
full scholarships which can be funded by the
accumulated interest, will be awarded on an annual
basis by the City Commission in the same manner
provided for by this section. The finance director, or
designee, shall make financial report(s) regarding the
status of such fund to the City Commission, at its
request. The City Commission may authorize the city
administration to establish additional criteria for
selecting eligible qualified recipients from among
children of Solid Waste and General Services
Administration Department employees."
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 a 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 30 days
after final reading and adoption hereof.
'1
-3 10654
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
July , 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of October, 1989.
CITY CLERK
PREPARED AND AP ROVED BY:
RAF L E. SUAREZ- IVAS
ASS STANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Aj GE F r E NANDEZ
C TY ATTORN Y
RSR:yv:M5ll
4
ec
XAVIER L. SU REZ, YOR
`1
- 4- 10654
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
ro : of the City Commission
J
)M: Cesar H. Odio
City Manager
RECOMMENDATION:
DATE : ' A P- `` �91i�: FILE :
MANDATOR CYCLING
SUBJECT :
REFERENCES: ITEM FOR JULY 13TH
CITY COMMISSION
ENCLOSURES:
It is respectfully recommended that the City Commission enact the
attached mandatory recycling Ordinance, amending Sections 22-2
and 22-13 of Chapter 22 entitled "Garbage and Trash" of the Code
of Ordinances of the City of Miami, Florida. Said Ordinance
contains regulations for the separation of newspapers and other
salvageable materials from all other solid waste materials and
provides for the place where these recyclable materials shall be
collected and the time of collection.
BACKGROUND:
The 1988 State of Florida Solid Waste Management Act requires
counties and municipalities statewide to develop and implement
recycling programs in order to accomplish the statewide recycling
mandate and legislative goal of a 30% waste reduction by July 1,
1994. In accordance with Section 403.706 (2).(b), Florida
Statute, ."at a minimum, a majority of the newspaper, aluminum
cans, glass and plastic bottles must be separated from the solid
waste' stream prior to disposal and offered for recycling."
Funding for recycling and educational projects has been
established under the Solid Waste Management Grant Program. In
accordance with City of Miami Resolution 89-218 the Department of
Eol.ia Waste has submitted a joint grant application with Metro -
Dade County under an interlocal agreement to the State of Florida
Department of Environmental Regulation. The City of Miami's
funding request for July 1, 1988 through June 30, 1989 State
grant year is for $623,850. The City is entitled to
approximately $625,000 annually through July 1, 1994 for funding
of recycling and related waste reduction programs.
10654-
Honorable Mayor and Members
of the City Commission
Page Two
_1�
By adopting the mandatory recycling ordinance and by
incorporating the same in existing requirements under Chapter 22
of the City Code, the Commission recognizes the need to comply
with the State recycling mandate and considers the conservation
of energy and the environment to be of utmost importance in the
City's long term waste reduction endeavors. The recycling of
-" newspapers and other salvageable materials conserves energy,
contributes to the efforts to help the environment, and creates
additional revenue for the City.
In order to demonstrate the City's compliance with the State
recycling mandate per Section 403.706 (4) Florida.Statute and to
provide for the preparation of recyclable materials, placement,
time for their, collection and to provide regulations for the
same in substantially the attached form, it is respectfully
recommended that this Ordinance be adopted.
10654
2
RECEIVED
ISS9 OCT 2C 1,11 '10: 03
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STATE OF FLC
COUNTY OF D
Before thi
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copy of advertl
In the matter o
CITY 01
ORDINAL
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'CITTOF MIAIYII; FL0111 A
LBIGAL i40TICE
Ail fnterested.persons Will take notice that on the 12th day of,
October; 1989, the City. Commission of Miami, Florida; adopted the
following titled Crdinanoes:
ORDINANCE NO.10652
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1,2,4, AND
5; OF'ORDINANCE NO. 10484, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
' 1989 AS AMENDED, FOR THE PURPOSE OF FORMALIZING CITY
COMMISSION ACTIONS AND IMPLEMENTING ADDITIONAL.
BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES, AS OUTLINED BY THE
CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PRO-
VISION AND.A SEVERABILITY CLAUSE.
ORDINANCE NO.10653
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10577, ADOPTED APRIL 27, 1989, WHICH ESTABLISHED A NEW
SPECIAL. AEVEN UE FUND. ENTITLED: "EMS FIRST AID
RESOURCETRAINING(FY '89", BY INCREASING APPROPRI•
ATED FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT
OF-$53,078, AND BY PROVIDING FOR CHANGES IN SOURCES
OF FUNDING CONSISTING OF A: $26,539 GRANT FROM THE
STATE OF`FLORIDA: DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES,' $6,970 FROM FY '88.89 GENERAL
FUND: DEPARTMENT OF'FIRE,:RESCUE. AND, INSPECTION
SERVICES,o $6,364 FROM INTEREST EARNINGS ON 1981 FIRE
GENERAL OBLIGATION BONDS (388002), AND, $13,205 FROM..
INKIND MATCH OF SALARIES AND EQUIPMENT; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10654
AN ORDINANCE AMENDING SECTION 22-2 OF CHAPTER 22 OF
THE. CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED."GARBAGE AND TRASH", BY ADDING A NEW SUB-
SECTION (g) PROVIDING: REGULATIONS TO SAID SECTION FOR.
THE BUNDLING AND PREPARATION OF NEWSPAPERS AND
SALVAGEABLE MATERIALS; FURTHER, AMENDING SECTION
22.13 OF CHAPTER 22 BY ADDING TO SAID SECTION ANEW
SUBSECTION (d PROVIDING) FOR THE PLACE WHERE NEWS-
PAPER AND <SALVAGEABLE MATERIALS SHALL BE PLACED
FOR COLLECTION, THE TIME OF COLLECTION AND A PEN-
ALTY FOR' REMOVAL BY UNAUTHORIZED PERSONS; FURTHER,
AMENDING TO SAID CHAPTER A NEW SECTION22.13.1 PRO-
NIDING FOR THE INSTITUTION,AND ESTABLISHMENT OF A
SEPARATE. INDEPENDENT -EDUCATIONAL FUND TO BE USED
TO FUND TEN (10) SCHOLARSHIPS EACH YEAR TO CHILDREN
OF CITY .OF MIAMI SOLID WASTE AND GENERAL SERVICES
ADMINISTRATION DEPARTMENT EMPLOYEES, AS DETERMINED
BY.;THE CITY COMMISSION, UPON THE TERMS AND CONDI•.
TIONS CONTAINED.JN SUCH. SECTION; CONTAINING A
REPEALER PROVISION AND•SEVERABILITY CLAUSE.
..ORDINANCE NO. 10655
AN ORDINANCE AMENDING CHAPTER 4, ENTITLED "ALCO•
HOLIC BEVERAGES," ;OF THE CODE OF THE CITY OF MIAMI,
FLORIDA,AS;AMENDED, BY AMENDING SECTION 4.14,
THEREOF ENTITLED, "EXCEPTIONS TO DISTANCE
REQUIREMENTS" BY REDUCING THE TIME REQUIRED FOR
i., PRIVATE CLUBS TO HAVE BEEN IN EXISTENCE FROM TWO
YEARS 5O THREEMONTHS; CONTAINING A REPEALER PRO•
VISION AND SEVERABILITY CLAUSE.
- ORDINANCE NO.10656
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND'ENTITLED: "TRAINING SUPPORTFUND REGION XIV FY'
89.90."- APPROPRIATING FUNDS FOR ITS OPERATION IN AN
AMOUNT NOT TO EXCEED $14,977; AUTHORIZING THE CITY
MANAGER TO ACCEPT THE $14,977 GRANT AWARD FROM THE
STATE'.OF.FLORIDA; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
ORDINANCE NO. 10657
AN ORDINANCE AMENDING SECTIONS 2 AND 5 OF ORDI-
NANCE NO. 10484, ADOPTED SEPTEMBER 27, 1988, THE
1,.
qpMENT.,BLOCK.GRANT.APPROPRIATION-FYt 89" APPp tf
PRIATING FUNDS FOR ITS OPERATION If3 THE AMOUNT O
$12,342,bw FROM COMMUNITY DEVELOPMENT BLOCK GRANT,
FUNDS AND PROGRAM INCOME FOR THE PURPOSE OF
CARRYINGOUT COMMUNITY DEVELOPMENT ACTIVITIES
WITHIN THE CITY OF MIAMI; CONTAINING A REPEALER PRO. ,
VISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10658
AN ORDINANCE AMENDING CHAPTERS 2, 29, "AND 54 OF THE' t
CODE OF THE CITY OF MIAMI, FLORIDA,; AS AMENDED, ENTI,
TLED ADMINISTRATION, LANDFILLS AND WATERFRONT,
.
IMPROVEMENTS, AND STREETS-AND'SIDEWALKS; RESPEC
TIVELY; MORE PARTICULARLY BY INCREASING' THE FEE FOR
PREPARATION OF DOCUMENTS IN: SECTION'2.98(a), CREAT-.,
ING A NEW FEE CATEGORY FOR. DOCUMENTS ALLOWING USE,
OF PUBLIC RIGHT WAY BY. ADDING A NEW SECTION 2.98 (b)l
INCREASING,THE.FEES FOR PROCESSING PLATS IN SECTION.,,-
2.99(a)l, INCREASING THE FEE FOR EXTENDING SUBDIVISION
IMPROVEMENT TIME LIMIT IN SECTION 2.99(a)2, INCREASING
THE FEE FGOR:CHECKING.PERMANENT REFERENCE MOW.:
UMENTS IN SECTION2.101(a), CREATING A NEW -FEE 'FOR CON.
STRUCTION'PLAWCHECKING'BY PUBLIC WORKS DEPART
MENT'BY AMENDING SECTION 2.102 AND ADDING NEW SEC-.
TION 2.103; AMENDING CHAPTER 29 OF THE CODE BY ADDING
.TERMINOLOGY FOR CLARIFICATION PURPOSES TO SECTIOW.
29.43, BY ESTABLISHING TWO CATEGORIES. OF PERMIT
REQUIREMENTS FOR WATERFRONT IMPROVEMENTS BASED
ON CONSTRUCTION COST IN SECTION 29=44; BY
ESTABLISHING TWO CATEGORIES OF PERMIT,FEES AND CRE-"
ATING AFTER THE, FACT PERMIT `FEES .FOR WATERFRONT'''
IMPROVEMENTS IN SECTION 29.46; AMENDING CHAPTER-54
OF THE CODE BY ADDING A SPECIAL EVENTSIFESTIVAL CAT-
EGORY AND ESTABLISHING FEES FOR OBSTRUCTING STREET:
OR SIDEWALK IN SECTION54.3, BY ALLOWING. EXCEPTIONS
TO THE.PROHIBITION'OF USE OF"STREETS AND.SIDEWALKS.;;
FOR ADVERTISING AND *DISPLAY, AND ,ESTABLISHING. PER-
MIT REQUIREMENT AND PROCESSING;FEE FOR SAID EXCIP
TIONS IN SECTION 54.8. BY INCREASING:FEES THROUGHOUT .
SECTION54.27, AND BY ADDING NEW FLE CATEGORIES TO,
SECTION 54.27 FOR GROUNDWATER MONITORING WELLS,:;:„
AFTER THE'FACT PERMITS AND. REINSPECTION' FEES;
AMENDING SECTION 54.111 OF THE CODE BY INCREASING,
THE ANNUAL PERMIT FEE'FOR SIDEWALK CAF,ES.AND'
CONTAINING'A REPEALER: PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO. 10659
AN EMERG ENCY'ORDINANCE AMENDING SECTIONS"OF•THE''
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DEAL-
ING WITH THE OFFICE OF PROFESSIONAL COMPLIANCE;
MORE PARTICULARLY AMENDING CODE SECTIONS 2.236.2 AND
42.62 AS THE SAME PERTAIN TO ORGAN IZATIONAL,STATUS,
POWERS AND DUTIES OF SAID OFFICE, AND PROVIDING FOR .;
AN ADVISORY PANEL; FURTHER AMENDING CODE.SECTION
42.63 RELATED TO THE FILING AND INVESTIGATION•OFCOM-
PLAINTS OF. WRONGDOING FILED AGAINST.POLICE OFFICERS;
FURTHER AMENDING; SECTION 42.66.. RELATING ,TO THE
REPORTING OF AN INCOMPLETE, BIASED OR DEFICIENT:
INVESTIGATION; CONTAINING A REPEALER AN SEVERABILITY
CLAUSE.
Said ordinances may be inspected by the public at'the ,Office of':I
the City Clerk,: 3500.Pan American Drive ,;Mlam I, Florida, Monday
through Friday, excluding holidays, between the hours of 8:00 d.m.,.
and 5:00' p.m.
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RECEIVED
1299 OCT 26 01 D 03
b1h i Tk"P111A
Pi t
MIAMI REVIEW
Published Dally 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 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. 10654
In the ...... X.. X ..X.......................... Court,
was published in said newspaper In the Issues of
October 25, 1989
Afflant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the aaid newspaper has heretofore been continuously
published in said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and bras 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 ublicaiion of the attached copy of advertisement; and
afflan her says that she has neither paid nor promised any
pars rm or corporation any discount, rebate, commission
or r d for the p rpose of sec ring this advertisement for
pub lion in tho d newspape
of Florida at Large