HomeMy WebLinkAboutSummary MemoAGENDA SUMMARY MEMO
Date: October 19, 2010
Commission Meeting Date: November 18, 2010
Sponsor: COMMISSIONER RICHARD P. DUNN II
Agenda Item: AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 22 OF
THE CITY OF MIAMI CODE, ENTITLED "GARBAGE AND OTHER SOLID WASTE,"
Subject: SOLID WASTE
Impact: CITYWIDE
Purpose of the Item:
Revises the performance bond or acceptable alternative requirements from one (i)
year to an amount equal to the applicant's previous four (4) month franchise fee
paid to the City or a minimum of $25,000.Oo, whichever is greater, as security for
franchise fee obligation.
Background Information:
The existing ordinance requires a bond or an acceptable alternative in an amount equal
to the applicant's previous twelve 02) month franchise fee paid to the City or a
minimum of $25,000.00, whichever is greater, as security under the franchise
agreement. As a practical matter the twelve (12) month requirement is too onerous a
requirement, particularly for small haulers, and more importantly given the tools
available to the city to collect its franchise fee. For example, §5.2 of the franchise
agreement states that "If franchise fee payment is past due in excess of 60 days, the
Department of Solid Waste will initiate its procedure to revoke the Franchise and
attach the Payment/Performance Bond for all monies due to the City." Thus the City
can revoke the franchise if payment is sixty (6o) days late ---even assuming, it takes the
City thirty (3o) days to actually revoke the franchise, the city's interest is well protected
with a four (4) month franchise fee performance bond, and yet facilitates small
haulers participation.
Agenda Item