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HomeMy WebLinkAboutPre-LegislationJ-89-604 7/13/89 ORDINANCE NO. 10654 AN ORDINANCE AMENDING SECTION 22-2 OF CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND TRASH", BY ADDING A NEW SUBSECTION (g) PROVIDING REGULATIONS TO SAID SECTION FOR THE BUNDLING AND PREPARATION OF NEWSPAPERS AND SALVAGEABLE MATERIALS; FURTHER, AMENDING SECTION 22-13 OF CHAPTER 22 BY 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 COLLECTION 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 OF 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 recognizes 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 10654 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 1/: "Sec. 22-2 * Collection services, container usage, condition and requirement for placement location. * * (g) 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. * * (d) 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 residential building, except City personnel to collect or otherwise remove any newspapers or other salvageable materials which have been specifically 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 1/ Underscored words shall be added. Asterisks indicate omitted and unchanged material. -2- 10654 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 for 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 utilized, 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 authorize 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 5. 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- 106S4 PASSED ON FIRST READING BY TITLE ONLY this 13th day of July , 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of October, 1989. TY HIRAI CITY CLERK PREPARED AND APPROVED BY: , 4141.4 •- 4r..1" RAF E. SUAREZ-RIVAS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1 _ J RGE EZNANDEZ C TY ATTORNEY RSR:yv:M511 XAVIER L. SUAREZ, YOR -4- t06►54 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Cesar H. Odio City Manager DATE : SUBJECT JUL . . FILE; MANDATOR CYCLING ORDINANCE REFERENCES : ITEM FOR JULY 13TH CITY COMMISSION ENCLOSURES: 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 where these recyclable materials 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 stream 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 6o1id.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. 10654' r' Honorable Mayor and Members of the City Commission Page Two By 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 environment to be of utmost importance in the City's long term waste reduction endeavors. The recycling of newspapers and other salvageable materials conserves energy, contributes to the efforts to help the environment, and creates 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 and to provide regulations for the same in substantially the attached form, it is 'respectfully recommended that this Ordinance be adopted. 10654 RECEIVED IVA OCT 2G AM 10: 03 CI.i:;;I'i PubIlet STATE OF FLO COUNTY OF 0 Before 1hi Sookle Wllllar President o1 1. (except Saturc published at M Dopy of advert) In the matter o CITY 01 ORDINAT In the } was published; October Milani fur newspaper pub and that the sa published In a Saturday, Sunda second class m Dade County,F the nret •ublca' alllen ther si pers• rm or or r d for 11 pub •-tIon In tl F8 OF'MIAMI :FLORID • LEG•AL NoTl+E •All(Intereeted.;per9on8••wIll take notice that on'the 12ttr day of. Octobers 1989, MetIty Commisslon of .MI eel; Florida; adopted the following tltlbd btdin)nbea: " • 'ORDINANCE NO. 10852-' 'AN .EMERGENOYORDINANCE AMENDING SECTIONS'1;2,4; AND •5,`OF ORDINANCE'NO..10484, _THE ANNUAL APPROPRIATIONS ORDI.NANCE'FORTHE FISCAL• YEARENDING.SEPTEMBER 30-`: • ':1989'AS AMENDED,. FOR THE PURPOSE OF FORMALIZING CITY ,;,COMMISSION AOTIONS AND IMPLEMENTING ADDITIONAL.' BUbGETARY'ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED: ACCOUNTING. PRINCIPLES, AS OUTLINED BY THE _' .,0(TY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PRO.... VISION AND;A SEVERABILITY CLAUSE. ORDINANCE NO.10863 ,AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO; 10577, ADOPTED APRIL 27, 1989, WHICH ESTABLISHED A NEW SPECIAL REVENUSFUND:ENTITLED:•"EMS FIRST AID RESOURCE •TRAINING (FY '89" ,'BYINCREASINQ APPROPRI• ATED FUNDS FOR THE OPERATION OF SAME IN THEAMOUNT .OF-$53,078, AND BY .PROVIDING FOR CHANGES IN SOURCES:` OF FUNDING CONSISTING OF A:628,539 GRANT FROM. THE ;STATE OF'FLORIDA': DEPARTMENT .OF HEALTH AND' REHABILITATIVE SERVICES $6,970 FROM FY '88.89 GENERAL .FUND: -..DEPARTMENT OF- FIRE; :RESCUE • AND .INSPECTIOH SERVICES,'$8,384 FROM INTEREST` EARNINGS, ON 1981 FIRE GENERAL OBLIGATION. BONDS (388002),'AND: $13,205'FROM, INKIND MATCH.OF SALARIES' AND EQUIPMENT; CONTAINING ; A REPEALER PROVISION 'AND A SEVERABILITY CLAUSE, •• ORDINANCE NO, 10654 „AN.ORDINANCE AMENDING SECTION 22.2OF CHAPTER 22 OF THE. CODE OF THE CITY -OF' MIAMI, FLORIDA, AS AMENDED, ENTITLED.! GARBAGE AND TRASH", BY ADDING A NEW SUB. . SECTION (g) PROVIDING:REGULATIONS TO SAID SECTION FOR THE BUNDLING AND PREPARATION OF 'NEWSPAPERS. AND, • 'S'ALVAGEABLEMATERIALS; FURTHER; AMENDING SECTION. 22.13 OF CHAPTER 22 BY: ADDING TO SAID SECTION KNEW . SUBSECTION .(d PROVIDING) FOR THE' PLACE, WHERE NEWS• PAPER•AND. SALVAGEABLE MATERIALS SHALL BE PLACED FOR COLLECTION, THE TIMEOF COLLECTION: AND A PEN- ' ALTYFOR.REMOVAL BY UNAUTHORIZED PERSONS; FURTHER, 'AMENDING;TO'SAID CHAPTER'A NEW SECTION•22.13.1•PR0-. 'VIDING FOR'`THE INSTITUTION, AND ESTABLISHMENT OF'A SEPARATE,INDEP.ENDENT. EDUCATIONAL. FUND. TO BE USED TO,FUND TEN (10) SCHOLARSHIPS EACH YEAR TO CHILDREN :OF.CITY'.OF:.MIAMI:SOLID WASTE AND GENERAL SERVICES ADMINISTRATION DEPARTMENT EMPLOYEES, AS DETERMINED, . CITY 'COMMISSION, UPON THE TERMS AND CONDI, TIONS CONTAINED ,IN SUCH. SECTION; CONTAINING A • REPEALER PROVISION ANO,SEVERABILITY CLAUSE ORDINANCE NO; 10865 AN ORDNANCE AMENDING CHAPTER 4, ENTITLED ' ALCO• HOLIC BEVERAGES, •OF'THE.'CODE OF THE CITY OF MIAMI, FLORIDA,'AS;AMENDED, BY AMENDING 'SECTION 4.14,' • THEREOF •ENT..ITLED'', "EXCEPTIONS TO. DISTANCE ,REQUIREMENTS".„ REDUCING:THE REDUCINGTHE TIME REQUIRED FOR :PRIVATE:CLUBS TO HAVEBEEN'•IN EXISTENCE FROM TWO E'M YEARS YOTHREONTHS; CONTAINING A'REPEALER 'PRO• VISION ANDSEV.ERABILITY,CLAUSE• • ORDINANCE NO,.10868 AN''GRDINANCE ESTABLISHING'A NEW 'SPECIAL REVENUE 'FUND'ENTITLED "TRAINING SUPPORTFUND REGION )(IV FY' :89.90," APPROPRIATING FUNDS FOR ITS OPERATION IN AN AMOUNT NOT TO EXCEED $14,977; AUTHORIZING THE.CITY .;'''MANAGER TO' ACCEPT THE $14,977 GRANT AWARD FROM THE :;STATEOF.FLORIDA; CONTAINING .A REPEALER PROVISION .'..: AND SEVERABILITY CLAUSE. ORDINANCE N0. 10657 'ANORDINANCE. AMENDING SECTIONS 2 AND 5 OF ORD1- NANCE:-NO: 10484; ADOPTED SEPTEMBER. 27, ,1988, THE ANNUAL APPROPRIATIONS nEt011,(ApL MITO0,Lr9'•68 • .. =9Z•9 'I4$/D4 1 Y'1F.F r V149n I lnamn LbBV9Zii:Mg9 'eid QPENT: BLOCK RANT APPROPRIATION —FYI •89 APAR PRATING FUNDS FOR ItS OPERATION I :THE AM6UNT 0 $12,342,00Q FROM COMMUNITY DEVELOPMENT BLOCK GRANT' ' FUNDS. AND 'PROGRAM INCOME FOR THE PURPOSC Oh CARRYINGOUT COMMUNITY DEVELopmENt ACTIVITIES',:- .:. WITHIN THE CITY, OF MIAMI; CONTAINING; A REPEALEti NRO VISION AND A SEVERABILITY CLAUSE • ORDINANCE NO 10858` AN ORDINANCE AMENDING CHAPTERS 2, 29, AND 54'OF THE ' CODE'OF THE CITY OF MIAMI, FLORIDA,,AS AMENDED ENTI TLED'ADMINISTRATION, LANDFILLS AND WATERFRQNT IMPROVEMENTS, AND;STREETS-AND'SIDEWALKS;•RESPEO, ;• TIVELY; MORE PARTICULARLY BY INCREASING THE'FEE•FOR PREPARATION 'OF DOCUMENTS IN'SECYION'2.98(a);;CREAT :,. • ING A NEW FEECATEGORY FOR.D000MENTS. ALLOWING USE OF PUBLIC RIGHT WAY BY.ADDING 'A NEW.SECTION 298 (b), IN.CREASING,.THE.FEES FOR PROCESSING PLATS IN SECTION 2-99(a)1,1NOREASING THE FEE FOR EXTENDING SUBDIVISION : IMPROVEMENT TIME LIMIT IN SECTION 2.99(a)2, INCREASING;;;:, THE. FEE' FGOR,;CHECKING: PERMANENT REFERENCE MON UMENTS IN SECTION2.101(a), CREATING A NEW FEE'FOR CON STRUCTION PLAN CHECK NG'BY PUBLIC WORKS'DEPART MENT BY AMENDING SECTION 2-102 AND. ADDING ,NEW SEC +; TION 2;103; AMENDING CHAPTER 29 OF THE CODE BY,ADDING;: :TERMINOLOGY .FOR CLARIFICATION PURPOSES TO SECTION 29.43; BY ESTABLISHING TWO CATEGORIES OF, PERMIT„ REQUIREMENTS:FOR WATERFRONT IMPROVEMENTSEASED,.!' ON..CON,STRUC.TION COST IN• SECTION 29:44';'BY:: ESTABLISHING.TWC CATEGORIES OF. PERMIT,FEES'AND CRE;+'r. ATING•AFTER .THE FACT PERMIT 'FEES .FOR.WATERFRONT`:' IMPROVEMENTS IN _SECTION 29.4B; AMENDING CHAPTER 64 . OF THE CODE BY ADDING A SPECIAL EVENTSIFESTIVAL'CAT.- EGORY AND ESTABLISHING FEES FOR OBSTRUCTING:STREET:.•.: OR SIDEWALK IN SECTION'64.3, BY ALLOWING.EXCEP.TION$,.: TO THE. PROHIBITION' OF: USE CIF STREETS,ANQ.SIDEWALKS;:;; FOR ADVERTISING 'AND' DISPLAY, AND.,ESTABLISHING;PER•.;, . MIT REQUIREMENT AND PROCESSING'FEE FOR SAID EXCEP • TIONS IN SECTION 54.8, BY INCREASINGFEES THROUGHOUT SECTION54.27; AND BY ADDING NEW FEE -CATEGORIES -:TO, 'SECTION 54.27. FOR GROUNDWATER MONITORING•WELLS,::,; AFTER THE'FACT PERMITS 'AND REINSP.ECTION FEES( AMENDING SECTION: 64.111 OF THE 'CODE' BY: INCREASING,:,. THE ANNUAL PERMIT FEE'FOR,SIDEWALK CAFES AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ',•• ORDINANCE NO 10859 AN. EMERGENCY'ORDINANCE AMENDING SECTIONS'OF THE CODE.. OF. THE CITY OF MIAMI, FLORIDA., AS AMENDED, DEAL-`: ,ING WITH THE • OFFICE OF• PROFESSIONAL, COMPLIANCE ;;: MORE, PARTICULARLY AMENDING CODE SECTIONS 2.236.2 AND 42.82 AS THE SAME•PERTAIN TO ORGANIZATIONAL STATUS POWERS AND DUTIES.OF SAID. OFFICE, AND PROVIDING FOR 'j AN ADVISORY PANEL FURTHER AMENDING CODE.SECTION 42.63 RELATED TO THE FILING AND INVESTIGATION,OF COM PLAINTS. OF. WRONGDOING FILED AGAINST.POLICE OFFICERS ; FURTHER AMENDING SECTION 4268:RELATING:,TO THE • REPORTING OF AN INCOMPLETE BIASED OR DEFICIENT •INVESTIGATION; CONTAINING A REPEALER AN SEVERABILITY_. CLAUSE• . Said ordinancee'may be Inspected by the publlc et th90filce of • the City Clerk,, 3600 Pan American Drive;mt, Floridda Monday; through •Friday, excluding holidays, betweeMlan'the houra of 800 a rn.; and 5:00 p•m. (8203) MATTY. HIRAI CITY �nS?�11'ra'.;" b ""9Ri3Ju4 i 90r2-OR (9GR) I ' dnau 8UowliudW1DAH.: RECEIVED 199 OCT 26 AM 10: 03 MAT'i `iCITY CLERK CITY OF �{{r1� yi, FLA. MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE; Before the undersigned authority personally appeared Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 10654 In the X.,X,.2C Court, was published In sald newspaper In the issues of October 25, 1989 Milani further says that the said Miami Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida earth day (except Saturday, Sunday and Legal Holidays) and has boon entered as second class mall matter al the post office In Miami In sald Dada County, Florida, for a period o1 one year next preceding the first •ublioatlon of the attached copy of advertisement; and affirm her says that she has neither paid nor promised any pers rm or corporation any discount, rebate, commission or r d for the p rpose of sec ring this advertisement for pub (!((( tlon In the d newapape • lbed before me this D, to...1i9 re State of F rlda at Large 04. 14t)or(of.(n itta` 7� y, �1 wit u SnOWi Azib arts eraga,,•(!(}9A-#. rt o1{&(, 110.0e address fs 1 J E 11B&tt Mlam) Flat )Q1 1Qrr e pJ O''0! 7t4pe):4 l 1, Q,he or @.1n aI•� h the4efeill o,(i h R h9Grbeteret aeftice of Porno ter;p[�IRked(st4evithor:e: Iafj$.tii t1@. !jse defatitAir,> . f,! Aafl 1p (1yottjfo i ' i(at Y+ @. tl�eilltltltsio ni FHt��l� fi ir l}Yi t l c ANr,A('ROPI1IN'flpN$ F�} ,,,,i fp9�,I SfiO�'ERAT OjJ I rHE PMOUNT f' $iv�MyNfi bEVELOPME10. BLOCk iff' GRA NCOMEdR THE pURIsbSE OFF y MUt4I1:j DEVELOPMENT AbttVi19E8 00. M(AMI cONtAiMi4G to lE,PEAL R tR AIL(1Y:,OLAO$E , I Y ' ISP i aI bRb(fI�i►NoE Ntt 10955 ` AENt51f5ti:OHqPIERS 2 29; AND 54 b� r( ON�( AMI, FL6R1DA, AS AMi NOED} EN Tt ;Ar{ONlYL•ANDFILLs AND.,WA tit iFRo,N�f t Nb SrkteETS' AN.psioEIMI Ks 1 0'Ft C °4 t tJ I LY BY INCHSAStNG4THt'F£E F,6fj' Istf6 h(E i NI.;i5sCTrfONN,t?.I19(aiSr Ekt A GO ip A;DOCUM8Vit' ,LOyyjNoWS ;)1qbING A,NEW,;SECTION 2 98 (b) ROCESSING PLAT$ )M SEpTioON N' FE EbFI EXTENDING SUBbIVIS b,N,. jlrp R,FiMAIN NTgREgEO. NCE m(i(4 t'y j(t 413EATING"A NEW FEE fOR`COff iI of t G^I4G)BY PIiBLIC WORKS DEpAfiT� •CT(ON 2102)AND ADDING NEW SSC D> ,,TER- 29 OF,T(1E CODE BY ADDIt4d' l tCATION P,UpPOSES TO tb.1.100 '' TWO CATEGORIES; OF PERM)T �r p' 13FRONT IMPROVEN(Eh7TA°BASED� kQbsT IN'sECT)ON, 29 44''f:B?, }£�G�11•SIES b0;1 (3MItFsFS AND OFIE 1¢p,EpMIT1FEtS FOR WATERFROf Tt i cTOt1,29'45 AMENDING!'CHAPTER54 x )' G"AiSPECIAL;EVENTSIFSSTIVAL QATf .,+ r { 00 FOR OBSTRUOTING STREET 1r + 0 54 ;itay AI:LOWING.;E)(CEPTIONS ,; e 6£ OF ST.1Bg£T§ AND•,SID£WAI:KS ,.s 'ir trf tSPLAY, AND ESTABLIS ING PER i e ? PLjbbESSIt�G'FEE FoP S{{ID E?(QEP ;c , 4fr i �),INCREAS1N.41 EES T(,1FiP{IGHOUT t<J Db1NO N1wW;FEE CATEGOR)E$'TOt.' NDWATER MOf11TORI$(O WELLS, ITSjAND H.EINP£CTldl� FSSS �YOF THE CdDE BY INOREASILdG FOR SU7.EWALK CAFES, AND' A yi,VISION AND A 0EVERABIUTY ANCE NO 10859 NG.E'AMENDING SEOTIdNS'pF ri'!t: At�tt, FLQRIDq, qS ghAENDED DBAL, pFk1;OFES510NALI QOMPLIANOE >. (NG CODE SEOTIONS 2 23B 2 AND t�go ORG`ANIZATIONALrSTATUS, S : Iq'OFp10E; P ND PROVIbING FOR. {lel AM ENDING'COP E SECTIONt L�Nfd AND INVESTIGATION OF coM rF(LgD &GAINST . QLICE O( FICEFi$ jION � B'd RELATIf4G TO:F E, c FLETE, BIA$�D OR PEFICILNTo FiErFftEF9 AN SEVERABILIlected bythe publlo at the Otpce oriq�n' Drive; Mlam , Florida, Mond6days, belweOrt the hours Oi 8 CO 5" City of Miami Legislation Ordinance: 13330 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00718 Final Action Date: 7/26/2012 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-15, ENTITLED" EDUCATIONAL TRUST FUND ESTABLISHED FROM THE RECYCLING PROGRAM FOR SCHOLARSHIPS TO CHILDREN OF CERTAIN CITY EMPLOYEES; CONDITIONS FOR IMPLEMENTATION" TO INCREASE THE NUMBER OF AWARDS PAID ANNUALLY TO THE EMPLOYEES OF THE SOLID WASTE DEPARTMENT AND TO THE CHILDREN OR LEGAL DEPENDANTS OF SAID EMPLOYEES OF THE DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the proposed amendments to Chapter 22 of the Code of the City of Miami, Florida, as amended ("City Code"), will increase the number of awards paid annually by the Department of Solid Waste to the employees of the Department of Solid Waste and to the children or legal dependants of said employees of the department; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted and incorporated as fully set forth in this Section. Section 2. Chapter 22 of the City Code, entitled "Garbage and Other Solid Waste", is amended in the following particulars: {1 } "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE ARTICLE 1. IN GENERAL 1 Sec. 22-15. Educational trust fund established from recycling program for scholarships to children of certain city employees; conditions for implementation. The moneys received by the city from the recycling of newspapers and other salvageable materials ("recycling program") 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 City of Miami Page 1 of 2 File Id: 12-00718 (Version: 2) Printed On: 12/1/2014 File Number: 12-00718 Enactment Number: 13330 the city commission and separately administered by appropriate personnel of the city. Upon the accumulation of $1,000,000.00 in funds received through this recycling program, all interest, as it accrues upon such principal amount, shall be utilized, subject to the sufficient accrual of interest, to pay for up to ten fifteen scholarships, awarded annually, to educational institutions for the employees of the department to attend educational programs or for commercial drivers license certification; in addition and up to ten fifteen scholarships shall be awarded annually to college level educational institutions by the city commission to the employees of the department, and for the children and/or legal dependants of said the employees of the department, as determined by the city commission to have the greatest need for such scholarships; each scholarship award shall not exceed $3,000.00 annually. In the event the interest accrued upon the $1,000,000.00 in this fund is insufficient to pay for the full amount of each scholarship,a lesser amount of scholarship will be awarded by the city commission. Awards will be based on recommendations from the director of the solid waste department. Said recommendations will be made based upon criteria established by the director of the solid waste department and approved by the city commission. The director of finance, or their designee, shall make financial reports regarding the status of such fund to the city commission, at its request. The city commission may authorize the city administration to establish additional criteria for selecting eligible qualified recipients from the department. * * * * * *II Section 3. 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 4. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} Footnotes: {1} Words and/of figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are not in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective state stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 12-00718 (Version: 2) Printed On: 12/1/2014 City of Miami Master Report Enactment Number: 13330 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00718 File Type: Ordinance Version: 2 Reference: Controlling Body: Office of the City Clerk File Name: Amending Code - Educational Trust Fund Requester: Department of Solid Waste Cost: Status: Passed Introduced: 6/20/2012 Final Action: 7/26/2012 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-15, ENTITLED" EDUCATIONAL TRUST FUND ESTABLISHED FROM THE RECYCLING PROGRAM FOR SCHOLARSHIPS TO CHILDREN OF CERTAIN CITY EMPLOYEES; CONDITIONS FOR IMPLEMENTATION" TO INCREASE THE NUMBER OF AWARDS PAID ANNUALLY TO THE EMPLOYEES OF THE SOLID WASTE DEPARTMENT AND TO THE CHILDREN OR LEGAL DEPENDANTS OF SAID EMPLOYEES OF THE DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 12-00718 Summary Form SR.pdf,12-00718 Summary Form.pdf,12-00718 Legislation (Version 2) SR.pdf,12-00718 Legislation.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Office of the City 6/26/2012 Attorney City Commission 7/12/2012 2 Office of the City 7/12/2012 Attorney Action Note: Reviewed and Approved PASSED ON FIRST READING WITH MODIFICATIONS Reviewed and Approved MODIFICATIONS MADE -TO MAKE IMMEDIATE EFFECTIVE DATE 2 City Commission 7/26/2012 Office of the Mayor 7/26/2012 2 Office of the City Clerk 7/26/2012 ADOPTED Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk Pass Pass City of Miami Page 1 Printed on 12/1/2014 City of Miami Legislation Resolution: R-12-0270 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00700 Final Action Date: 7/26/2012 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING TWENTY-TWO (22) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVERS LICENSE IN AN AMOUNT NOT TO EXCEED $3,000 PER SCHOLARSHIP, FOR ELIGIBLE APPLICANTS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DISBURSE THE SCHOLARSHIPS, UPON DISCRETION, WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS OR VOCATIONAL PROGRAMS; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND," ACCOUNT CODE NO. 13000.212000.549000.0000.00000 WHEREAS, pursuant to Section 22-15, of the Code of the City of Miami, Florida, as amended ("Code"), the City of Miami ("City") established the Educational trust fund for scholarships using monies the City receives from the recycling program; and WHEREAS, a scholarship award may be made for an amount that does not exceed $3,000 annually, to eligible, qualified employees of the City Department of Solid Waste, or the children or legal dependents of these employees, based upon a recommendation from the Director of Solid Waste, using the criteria in the ordinance or documents promulgated under it; and WHEREAS, the City Commission may approve up to ten scholarships to educational institutions for the employees of the department to attend educational programs or for commercial drivers license certification, for an award amount not to exceed $3,000 annually; and WHEREAS, pursuant to Ordinance No. 13330, adopted July 26, 2012, the City Commission approved and further amended Section 22-15 of the City Code to pay up to fifteen (15) scholarships to educational institutions for the employees of the Department to attend educational programs or for commercial drivers license certification; in addition to fifteen (15) scholarship to college level educational institutions for the children or legal dependants of the employees of the Department; for an award in an amount not to exceed $3,000 annually; and WHEREAS, a total of thirty (30) scholarships may be awarded annually, in an amount not to exceed $3,000 annually, for a maximum amount of $90,000; and WHEREAS, Ernest F. Baker II, Diana Jules, Monica Johnson, Themarra Saint Louis, Brittney Johnson, Camilo Rojas, Giselle Alvarado, Johnny Luciano, Anestin Etienne, George Harris, Esdras Vilburn, Frank Robinson III, Steve Carvil, Paula Medino, Ivan Babb, Sidney Holland, Leon Leonard, City of Miami Page 1 of 3 File Id: 12-00700 (Version: 2) Printed On: 12/1/2014 File Number: 12-00700 Enactment Number: R-12-0270 Randall Campbell, Glenda Troutman, Renel Nelson, Jacklyn Jackson, and Chadrick Brunson are recommended by the Director of Solid Waste and by the Recycling Educational Scholarship Selection Committee, as eligible recipients of these scholarship funds; and WHEREAS, the Director of Solid Waste and the Recycling Educational Scholarship Selection Committee recommend the award of twenty-two (22) scholarships, in the amounts as stated herein, to seven (7) children or legal dependents of Department employees to attend a college level educational institution and fifteen (15) to Department employees to attend an educational program or obtain commercial drivers license certification, in a total amount to exceed $45,000; 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 herein as fully set forth in this Section. Section 2. Twenty-two (22) scholarships, for the 2011-2012 Fiscal Year Solid Waste Recycling Program Scholarship, are approved, in a total amount not to exceed $45,000, for each of the following recipients: A. Ernest F. Baker II, $3000 B. Diana Jules, $3000 C. Monica Johnson, $3000 D. Themarra Saint Louis, $3000 E. Brittney Johnson, $3000 F. Camilo Rojas, $3000 G. Giselle Alvarado, $3000 H. Johnny Luciano, $1500 I. Anestin Etienne, $1500 J. George Harris, $1500 K. Esdras Vilburn, $1500 L. Frank Robinson III, $1500 M. Steve Carvil, $1500 N. Paula Medino, $1500 O. Ivan Babb, $1500 P. Sidney Holland, $1500 Q. Leon Leonard, $1500 R. Randall Campbell, $1500 S. Glenda Troutman, $3000 T. Renel Nelson, $1500 U. Jacklyn Jackson, $1500 V. Chadrick Brunson, $1500 City of Miami Page 2 of 3 File Id: 12-00700 (Version: 2) Printed On: 12/1/2014 File Number: 12-00700 Enactment Number: R-12-0270 Section 3. The recommendation of the Director of Solid Waste and the work of the Solid Waste Recycling Educational Selection Committee is acknowledged. Section 4. The City Manager or designee is authorized {1} to disburse each of these scholarships, upon discretion, with the presentation of satisfactory documentation from the educational institution or vocational program. Section 5. The City Manager or designee is authorized {1} to execute all documents necessary, in a form acceptable to the City Attorney, for said purpose. Section 6. Funds for said scholarships are to be allocated from Special Revenue Fund entitled "Solid Waste Recycling Educational Trust Fund", Account Code No. 13000.212000.549000.0000.00000. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of the 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 3 of 3 File Id: 12-00700 (Version: 2) Printed On: 12/1/2014 City of Miami Master Report Enactment Number: R-12-0270 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00700 Version: 2 File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: Approving Scholarships - SW Education Trust Fund Introduced: 6/15/2012 Requester: Department of Solid Waste Cost: Final Action: 7/26/2012 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING TWENTY-TWO (22) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVERS LICENSE IN AN AMOUNT NOT TO EXCEED $3,000 PER SCHOLARSHIP, FOR ELIGIBLE APPLICANTS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DISBURSE THE SCHOLARSHIPS, UPON DISCRETION, WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS OR VOCATIONAL PROGRAMS; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND," ACCOUNT CODE NO. 13000.212000.549000.0000.00000 Sponsors: Notes: Version 2 has the Scrivener's amendment made by law department and per legal opinion, it may be certified instead of version 1. Indexes: Attachments: 12-00700 Summary Form.pdf,12-00700-Memo-Scrivener's Error.pdf,12-00700-Legislation-SUB.pdf, History of Legislative. File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 7/18/2012 Reviewed and Attorney Approved 1 City Commission 7/26/2012 ADOPTED 1 Office of the Mayor 7/26/2012 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 7/26/2012 Signed and Attested by City Clerk 2 Office of the City 7/27/2012 Reviewed and Attorney Approved Pass Action Note: MODIFICATIONS MADE BY LAW REFELCTING SCRIVENER'S AMENDMENT — SEE SCRIVENER'S ERROR MEMO FOR MORE INFORMATION City of Miami Page 1 Printed on 12/1/2014