HomeMy WebLinkAboutSummary Form FR/SRDate: 6/212006
AGENDA ITEM SUMMARY FORM
FILE ID:06-O( d7
Requesting Department: Solid Waste
Commission Meeting Date: 9/12/2006 District Impacted: �►ll.
Type: L. Resolution cgi Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Proposed Ordinance Establishing Changes to Chapter 22; Section 22-50, Article 5.6 Relative
to theComnercial Hauler Agreements; and Amending Section 22-6(i) and Section 22-6 (j).
Purpose of Item:
It is respectfully recommended that the attached Ordinance be adopted to amend and clarify the intent
of Section 22-50 of Chapter 22 of the City of Miami Code and Article 5.6 of the Commercial Solid
Waste Haulers Franchise Agreement with the City of Miami. As such, there is a need to modify the
code to specifically address the issue of payment of per accounts and roll -offs effective October 14 of
every new Fiscal Year to those accounts booked as of October 14 of every new Fiscal Year. This
change is necessary to eliminate open interpretation. Additionally,amend Sections 22-6(i) and 22-6(j).
Background Information:
SEE ATTACHMENT
Budget Imnact Analysis
h this item related to revenue?
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Start Up Capital Cost:
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Total Fiscal Impact:
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Final Approvals
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Grants Risk Management
Purchasing Dept. Director
Chief / City Manager
1
(ATTACHMENT)
AGENDA ITEM SUMMARY FORM CONTINUED:
Background Information:
The purpose of this Ordinance is to amend Chapter 22 in two parts; (1) to clarify the
intent of Chapter 22; Section 22-50 of the City of Miami Code relative to the Commercial
Solid Waste Haulers Franchise Agreements; specifically Article 5.6 with the City of
Miami.
A new franchise agreement for commercial solid waste services was executed effective
October 1, 2004. Several modifications to the previous agreement were implemented for
the new franchise period. In order to simplify the accounting of new accounts and roll -
off containers, several modifications were agreed upon by the City of Miami and the
commercial solid waste haulers. The basic premise was to reduce the permit per account
fee from $100 per account prorated throughout the year to $50 per account charged once
per year for all accounts on their books as of October 14 of every new Fiscal Year. This
would also apply to all roll -offs booked as of October 14 of every new Fiscal Year
instead of $50 permit fee valid for three months. In exchange, the City increased the
franchise fee from 20% to 22% and the entry franchise fee was to increase by $500 each
subsequent year for the term of the agreement.
This Ordinance, if adopted, would amend Section 22-50 of the Code and Article 5.6 of
the agreement would be clarified and simultaneously modify the code to specifically
address the issue of payment of per accounts and roll -offs effective October 14 of every
new Fiscal Year to those accounts booked as of October 1st of every new Fiscal Year.
The way the code reads now is open to interpretation to mean all accounts opened during
the year regardless whether the account is opened or closed.
The second amendment; (2) There is a need to amend Section 22-6(i), relative to
Littering and Illegal Dumping which references 22-92 incorrectly and should reference
22-93 relative to penalties and fees for littering and illegal dumping. Additionally, an
amendment is required in Section 22-6(j) wherein there is a need to delete the penalty
scale for littering and illegal dumping and to establish an amount of a $500.00 fine for the
said violation of littering and illegal dumping.