HomeMy WebLinkAboutR-04-0359City of Miami
Legislation
Resolution: R-04-0359
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00472 Final Action Date: 5/27/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
ASSIGNMENT OF THE CITY OF MIAMI ("CITY") COMMERCIAL SOLID WASTE
NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY AND ATLAS
WASTE, CORP. TO EASTERN WASTE SYSTEMS, INC., CONTINGENT UPON
SUBMISSION OF ALL SUPPORTING DOCUMENTS REQUIRED BY THE
NON-EXCLUSIVE FRANCHISE AGREEMENT, WITH PROVISIONS STATED
HEREIN.
WHEREAS, Chapter 22 of the Code of the City of Miami ("City"), Florida, as amended, regulates
non-exclusive franchises for Commercial Solid Waste services; and
WHEREAS, a Non -Exclusive Commercial Solid Waste Franchise ("Franchise") was awarded to
Atlas Waste, Corp. and approved by the Oversight Board; and
WHEREAS, Atlas Waste, Corp. has failed to remit substantial payments due under the Franchise
Agreement to the City; and
WHEREAS, the City has seized the Franchise of Atlas Waste, Corp. for the purpose of minimizing
the loss of remittances due from Atlas Waste, Corp.; and
WHEREAS, Eastern Waste Systems, Inc. has been found qualified to hold a Non -Exclusive
Franchise; and
WHEREAS, Eastern Waste Systems, Inc. has offered to pay the remittance owed to the City of
Miami by Atlas Waste, Corp. in return for being assigned the balance of the Non -Exclusive Franchise
of Atlas Waste, Corp., which expires September 30, 2004, and additionally, Eastern Waste Systems,
Inc. would be required to meet all established criteria in order to qualify for the new Franchise
Agreement effective October 1, 2004; and
WHEREAS, pursuant to Article XIII, Section 13.1 - Assignability, "This agreement shall be
assignable, upon approval by the City Commission," thus the provisions of the Franchise agreement
stipulate that the Franchise shall be assignable only upon approval by the City Commission;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Assignment of the City of Miami ("City") Commercial Solid Waste Non -Exclusive
Franchise Agreement between the City and Atlas Waste, Corp. to Eastern Waste Systems, Inc., is
approved, contingent upon submission of all supporting documents required by the non-exclusive
City of Miami
Page 1 of 2 File Id: 04-00472 (Version: 1) Printed On: 9/14/2016
File Number: 04-00472 Enactment Number: R-04-0359
franchise agreement which provides for the payment of the balance of the debt owed to the City from
Atlas Waste, Corp. under the current Franchise Agreement which expires September 30, 2004.
Section 3. This Resolution shall become effective immediately upon its adoption and the
signature of the Mayor.{1}
Footnotes:
{1} 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 Page 2 of 2 File Id: 04-00472 (Version: 1) Printed On: 9/14/2016