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Ordinance 93-2834ORDINANCE NO. 93-2834 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE SECTION 14A-3, ENTITLED ',GARBAGE COLLECTION SERVICE - MANDATORY,' BY PROVIDING THAT OWNERS AND OPERATORS OF TOWNHOUSES OR MULTI FAMILY RESIDENCES OF EIGHT DWELLING UNITS OR LESS MAY NOT ELECT TO USE A FRANCHISE WASTE CONTRACTOR INSTEAD OF THE CITY ON OR AFTER FEBRUARY 13, 1993; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 14A-3 of the City Code of the City of Miami Beac.i, an ,_lec't_ion was provided to owners and operators of townhouses and multi family residences of eight dwelling units or less to use a franchise waste contractor instead of collection by the City; and WHEREAS, the City is entering into an exclusive contract with a waste contractor for collection of solid waste in single family residential areas and multi family residences of eight dwelling units or less; and WHEREAS, the City wishes to remove any future election so as to provide a stable base of customers for the contractor. WHEREAS, The City Commission believes that the provisions contained herein will serve the health, safety and welfare of the residents of the City of Miami Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Section 14A-3 of Miami Beach City Code Chapter 14A, entitled "Waste Removal" is hereby amended to read as follows: Sec. 14A-3. Garbage collection services - mandatory. A. Each occupied Dwelling or Commercial Establishment in the City of Miami 3each is required to have a Garbage collection service, City or private, and Garbage Facilities approved by the City Manager. B. Collection by City. Except as provided elsewhere herein, all Garbage, Trash or Waste generated by Single Family Residences and Multi Family Residences of eight (8) units or less shall be collected, conveyed and disposed of by the City. Such service shall be accomplished by use of City employees, by use of the services of Single Family Waste Contractors or by a combination of both methods. C. Collection by private collectors. All Garbage, Trash, or Waste accumulated in the City by Commercial Establishments, industrial uses, Hotels, Rooming Houses and by Owners, Occupants, or residents of Multi Family Residences of nine Dwelling Units or more shall be collected, conveyed and disposed of by Franchise Waste Contractors licensed pursuant to Section 14A-16 of this chapter. Owners and Operators of Townhouses and Multi Family Residences of eight Dwelling Units or less may alternatively elect to use a Franchise Waste Contractor instead of collection by the City; such Owners or Operators shall notify the City Manager in writing of said election; provided, however, that no such election shall be made after February 13, 1993. Section 2. 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. Section 3. Repealer. All ordinances or parts in conflict herewith be and the same are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect ten (10) days after its adoption on the 13th day of February , 1 93. PASSED and ADOPTED this 3rd day ATTEST: CITY CLERK 1st reading 1/20/93 2nd reading 2/3/93 (a:miscatty\pnb\garbl-14.ord) 01/14/93 4:32pm FORM APPROVED LEGA PT. February 199 . MAYOR LAURENCE FEINGOLD CITY ATTORNEY TO: FROM: OFFICE OF THE CITY ATTORNEY qr;Amni Wear% F L 0 R 1 D A COMMISSION MEMORANDUM NO: e0-7 - (1,3 MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON P 0 BOX O MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE (305) 673-7470 TELECOPY (305) 673-7002 DATE: FEBRUARY 3, 1993 LAURENCE FEINGOLD`/ CITY ATTORNEY �`' SUBJECT: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE 14A-3 TO PROVIDE THAT OWNERS OF TOWNHOUSES OR MULTI -FAMILY RESIDENCES OF EIGHT DWELLING UNITS OR LESS MAY NOT ELECT TO USE A FRANCHISE WASTE CONTRACTOR INSTEAD OF THE CITY ON OR AFTER FEBRUARY 13, 1993. The bid documents under Bid No. 14-92/97 dated October 29, 1992 provide that the City award to the contractor all single- family and multi -family dwellings of eight units or less now being served by the City. The contract with I.W.S. was approved by the City Commission at a special commission meeting on Wednesday, January 27, 1993. The City's Garbage Ordinance, as codified in City Code 14A-3, provides that owners and operators of townhouses and multi -family residences of eight units or less shall have an election to use a Franchise Waste Contractor instead of collection by the City. The attached Ordinance, which will remove the right of the owners or operators of townhouses or multi -family residences of eight dwellings or less to elect to use a Franchise Waste Contractor, is necessary so as to provide a stable base of customers for the Contractor under Bid No. 14-92/97. The attached Ordinance will not impair the right of those customers who will have already made an election prior to February 13, 1993. RECOMMENDATION: It is recommended that the attached Ordinance be passed removing the election right of owners or operators of townhouses and multi -family residences of eight dwelling units or less, so as to provide a stable base of customers for the Contractor under Bid No. 14-2/97 . 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