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Ordinance 90-2714 ORDINANCE NO. 90-2714 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A, ENTITLED ""GARBAGE", AMENDING SECTION 14A-6 BY INCREASING THE REGULATORY LICENSE FEES PAID TO THE CITY BY PRIVATE GARBAGE DISPOSAL LICENSEES FROM SIX PERCENT (6%) TO EIGHT PERCENT (8%) OF SAID LICENSEES' GROSS MONTHLY RECEIPTS AS OF OCTOBER 1, 1990, AND REQUIRING APPROVAL BY THE CITY MANAGER OR HIS DESIGNEE AS A PREREQUISITE TO OBTAINING SAID LICENSE; AMENDING SECTION 14A-12 BY REVISING THE SCHEDULE OF FEES FOR COLLECTION AND DISPOSAL OF GARBAGE AND TRASH BY THE CITY AS FOLLOWS: (a) RESIDENCE (SINGLE- FAMILY) AND TOWNHOUSES FROM $21.57 TO $25. 61 PER MONTH; (b) DUPLEX FROM $21.57 TO $25.61 PER MONTH, PER UNIT; (c) APARTMENTS, CONDOMINIUMS WITH LESS THAN NINE DWELLING UNITS FROM $13.50 TO $20.91 PER MONTH, PER DWELLING UNIT; DELETING (d) HOTELS WITH LESS THAN NINE DWELLING UNITS, $5.41 PER MONTH, PER ROOM; DELETING (e) ROOMING HOUSES WITH LESS THAN NINE UNITS $6.45 PER MONTH, PER ROOM AND BY PROVIDING THAT THE CITY MANAGER MAY ADJUST BASE FEES TO ACCOMMODATE PARTICULAR REFUSE NEEDS; AUTHORIZING THE CITY MANAGER TO EXTEND ON A MONTH-BY-MONTH BASIS THE CITY'S LICENSING AGREEMENTS WITH THE FIVE EXISTING PRIVATE GARBAGE DISPOSAL LICENSEES ON THE SAME TERMS AS THE PREVIOUS AGREEMENTS, EXCEPT THAT THE REGULATORY LICENSE FEES PAID TO THE CITY BY SAID LICENSEES SHALL BE INCREASED FROM SIX PERCENT (6%) TO EIGHT PERCENT (8%) OF SAID LICENSEES' GROSS MONTHLY RECEIPTS AS OF OCTOBER 1, 1990; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City' s licensing agreements with the five existing private garbage disposal licensees have expired; and WHEREAS, new agreements have not been completed due to the fact that the City is assessing the impact of State law upon future garbage disposal requirements, including implementation of recycling programs pursuant to Florida Statute Section 403 . 706; and WHEREAS, the City wishes to provide for continuity of garbage disposal service pending said review; and WHEREAS, State law encourages municipalities to implement solid waste disposal systems which are financially self-sufficient; and WHEREAS, the City' s solid waste disposal system is currently operating at a substantial deficit which is subsidized by the City' s general fund; and WHEREAS, increasing regulatory licensing fees received by the City from private garbage disposal licensees and increasing fees charged to accounts serviced by the City as set forth herein will 1 reduce said deficit. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 14A-6 of Miami Beach City Code Chapter 14A, entitled "Garbage" is hereby amended to read as follows: Sec. 14A-6. License requirement; monthly regulatory license fee payments; approval by the City Manager or his Designee public works dircctor as prerequisite to issuance; financial statements, list of accounts; and insurance required. (a) License required. No person shall engage in the business of removing or disposing of garbage, trash, or waste from any premises in the city, or transport garbage, trash or waste through the streets or alleys or public ways of the city, without first having secured a license for such activities from the City Manager or his designee public works director after payment to the city of a regulatory license fee of oix eight percent of licensee' s total gross monthly receipts and a license tax fee as required by the occupational licensing ordinance of the city. The term "gross receipts" is defined to mean the entire amount of the fees collected by the licensees, exclusive of taxes as provided by law, whether wholly or partially in cash or on credit, to persons and/or entities within the city, for garbage, trash and waste removal and disposal. The licensee shall deliver to the finance director a true and correct monthly statement of gross receipts generated from accounts within the city on or before the last day of each month. Payments of said fee shall be made monthly to the finance director, on or before the last day of each month, representing billings made sixty days prior thereto. The licensee shall on or before thirty days following the close of each fiscal year deliver to the finance director a statement of its annual gross receipts generated from accounts within the city prepared by an independent certified 1 See—Eh. 20 of this Codc. 2 public accountant reflecting gross receipts within the city for the preceding fiscal year. The licensees agree to allow the city auditors at any reasonable time after reasonable notice, to audit, inspect and examine the licensees' fiscal books and records and state and federal tax returns insofar as they relate to City of Miami Beach accounts, to confirm the licensees ' compliance with s1x this section. In the event the licensee fails to pay the full eight percent of the licensee' s total monthly gross receipts, the licensee will pay any and all expenses of collection, including, but not limited to, court costs and reasonable attorney fees. In the event the licensee fails to pay the full oix eight percent of the licensee' s total monthly gross receipts on or before the last day of each month, interest shall accrue on the monthly license fee at the highest lawful rate of interest or, if no maximum rate is prescribed by law, at eighteen percent per annum. In order to effectively provide for the collection of said regulatory fee by the licensees to the city, any person, which includes, without limitation, a firm or corporation seeking to renew its annual occupational license pursuant to the provisions of Chapter 20 of this Code and in addition to the requirements contained therein, shall provide to the finance director evidence of payment of all outstanding waste or garbage collection fees and charges as a condition to reissuance or renewal of said business license. SECTION 2 . That Section 14A-12 of Miami Beach City Code Chapter 14A, entitled "Garbage" is hereby amended to read as follows: Sec. 14A-12. Schedule of fees for City collection and disposal of Garbage and Trash. (a) Residence (single-family) $21. 57 $25. 61 and Townhouses per month (b) Duplex $21.57 $25. 61 per month per unit (c) Apartments, Condominiums with less than nine dwelling units $13 . 50 $20. 91 per month per dwelling unit (d) Hotels 3 with less than ninc dwelling units $5.41 per month per room (e) Rooming Hou3e3 with less than nine units $G 45 per month per room The chargess. , rateav,nd terms far. TYItiC t�'.`7 with nine dwelling units or more and other commercial establishments not provided for hereunder will be established and agreed to by contract between the licensee and hotel, rooming house, office, restaurant or other commercial establishment. The director of public work3 with the approval of the City Manager, or his designee shall have the authority to adjust base fees upwards or downwards, as the case may be, where, in particular instances, the accumulation of refuse exceeds or falls below that for which the base fee is established. SECTION 3. That the City Manager is hereby authorized to execute agreements with the five existing private garbage disposal licensees extending their licensing agreements with the City on a month-by-month basis on the same terms as their previous agreements, except that, as of October 1, 1990, the regulatory license fees paid to the City by said licensees shall be increased from six percent (6%) to eight percent (8%) of said licensees ' gross monthly receipts from the servicing of garbage disposal accounts within the City of Miami Beach. Said extensions may continue until such time as the City has completed its preparation of new long-term licensing agreements. SECTION 4. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of this Ordinance. 4 SECTION 5. REPEALER. All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after its adoption on the 29th day of September _, 19 90 PASSED and ADOPTED this 19th day of September , 19 90 . OR ATTEST: CITY CLERK FORM APPROVED BY: LEGAL DEPARTMENT y/yy, DAT 1st reading 9/5/90 2nd reading 9/19/90 5 eerl eit( /44#ti read 1 `PM!eF-q�yy1 FLORIDA 3 3 1 3 9 6*FINCO" ►oR.TEo)* "VA CA TIONLAND U. S. A. " • hetH OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673.7010 COMMISSION MEMORANDUM NO. 46 s DATE: saptamhPr TO: Mayor Alex Daoud . R Members of the ' ty Commi FROM: Rob Wo Parkl•s ' City Manager :W/Fri9 SUBJECT: GARBAGE ORDNANCE The Administration has been working on revising Chapter 14-A of the City of Miami Beach Code. This Chapter is known as the "Garbage Ordinance" . The revision became necessary because of the following reasons: a. The five (5) year term of the franchise waste contractors has expired. b. Definitions in the present Ordinance needed to be expanded to keep up with present day technology of waste collection and disposal practices. c. The recycling of materials needed addressing. d. The present ordinance needed to be updated to comply with County and State laws. e. Dade County's dumping fee, that is charged to the City, has increased from $36. 00 per ton to $42 . 00 per ton, effective October 1, 1990. f. The fees issue needed to be addressed in order to comply with the proposed budget. Draft ordinances were prepared; and, meetings with private waste collectors and recycling people have been held. There were several items that the waste contractors and the Administration could not agree upon. The proposed ordinance was presented before the Environmental and Clean City Committee. A discussion on the differences involved again took place. The Committee took no action on the proposed ordinance. Upon further discussion with the Office of Management and Budget and the City Attorney's office, it was considered a wise move to amend the present Sections 14-A-6 and 14-A-12 so the fees could be adopted for the proposed budget, with a clear understanding that this will be a short term arrangement (month-to-month) until a new ordinance can be adopted. It is proposed that the franchise fee be increased from 6% to 8% of the gross receipts. :22 AGENDA ITEM DATE Q- I ° 9O COMMISSION MEMORANDUM PAGE TWO SEPTEMBER 5, 1990 It is also proposed that the schedule of fees for collection and disposal of garbage and trash be increased as follows: Residence (single family) from $21.57 to $25. 61 Duplex from $21.57 to $25. 61 Apartments from $13.50 to $20.91 ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance amending the proposed fees. RWP:RLR: lcd Attachment 23 o a �t I U) a •1-1 a W 4J . J -- U CID 4-4 •H r. 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