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HomeMy WebLinkAboutpre ordinanceORDINANCE # 10654 7/13/89 ORDINANCE NO. 10654 -� t1 T 12 40 AN ORDINANCE AMENDING SECTION 22-2 OP CHAPTER 22 'OF THE CODE OF THE CITY OF.NIAMI, FLORIDA, AS AMENDED. ENTITLED "GARBAGE AND TRASH",, BY ADDING A NEN SUBSECTION (q) PROVIDING REGULATIONS TO SAID SECTION FOR THE BUNDLXNG AND PREPARATION 0P NEWSPAPERS AND SALVAGEABLE MATERIALS; FURTHER, AMENDING SECTION 22-13 OP CHAPTER 22 8Y 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 COLLECT/ON 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 OP 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 recognises 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 1.0654 P 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 J: "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 kraft 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. * * * * j 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 residentia bu ng, except City personnel to collect or otherwise_remove any newspapers or other salvageable materials which have been s pecU ically 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 J Underscored words shall be added. Asterisks indicate omitted and unchanged material. -2- 1.0654 •ti. • t;s• • "0" 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 Eor 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 utilised, 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 authorise 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 S. 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. -3- 10654 PASSED ON FIRST READING BY TITLE ONLY this 13th day of July r 1989. PASSED AND. ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day' cif October, 1989. OR HIRAI CITY CLERK PREPARED AND APROVED BY: RAF L E. SUAREZ-1r`tVAS ASS STANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: U_141 C TY ATTY RSR:yv:M511 10654 1 CITY OF MIAMI. FLORIDA INTER•OFF10E MEMORANDUM Honorable Mayor and McMbers of the City Cornmissian Cesar H. Odio City Manager DATE : SUBJECT : `_ kAJCTcL.WG Ar.I • ORDINANCE • wommxstITEM FOR JULY 13TH CITY COMMISSION ENc%OSUPES : RECOMMENDATION: 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 whore these recyclable material 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 etreaxa 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 SoLia 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. • 10 54' a• Honorable Mayor and Members of the City Commission Page Two Sy '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 fnvironaductiont to �ndeavarsof �t The importance recyclf g tot City's long tens waste r newspapers and two theher effort salvageable help t therials conserves environment, and creates contributes 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 attached and to g forme reit isions for 'respectfully e same in substantially recommended that this ordinance be adopted.