HomeMy WebLinkAboutR-04-0484City of Miami
Legislation
Resolution: R-04-0484
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00772 Final Action Date: 7/22/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") COMMERCIAL
SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY
AND UNITED ENVIRONMENTAL SERVICES OF SOUTH FLORIDA, TO CHOICE
ENVIRONMENTAL SERVICES OF MIAMI, INC.; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FRANCHISE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM.
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
United Environmental Services of South Florida, and approved by the Oversight Board; and
WHEREAS, the City has been advised of the sale of United Environmental Services of South
Florida, to Choice Environmental Services of Miami, Inc.; and
WHEREAS, pursuant to Article XIII, Section 13.1 - Assignability, " this agreement shall be
assignable, upon approval by the City Commission. For the purposes of this paragraph, the concept
of assignability shall include any sale of a majority of stock in the franchisee, any significant changes
in the ownership of the FRANCHISEE, its officers, directors or personnel," 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 a City Commercial Solid Waste Non -Exclusive Franchise
Agreement between the City and United Environmental Services of South Florida, to Choice
Environmental Services of Miami, Inc., is approved.
Section 3. The City Manager is authorized{1} to execute the Franchise Agreement, in substantially
the attached form.
Section 4. This Resolution shall become effective immediately upon its adoption and the
signature of the Mayor.{1}
City of Miami
Page 1 of 2 File Id: 04-00772 (Version: 2) Printed On: 9/27/2016
File Number: 04-00772 Enactment Number: R-04-0484
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: 04-00772 (Version: 2) Printed On: 9/27/2016