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2003-25308 Reso RESOLUTION NO. 2003-25308 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 90-221 OF THE MIAMI BEACH CITY CODE, AND FOLLOWING A DULY NOTICED PUBLIC HEARING RAISING THE FRANCHISE FEE PAID TO THE CITY BY PRIVATE WASTE CONTRACTORS FROM THE CURRENT FEE OF FOURTEEN PERCENT (14%) OF THE FRANCHISEE'S TOTAL MONTHLY GROSS RECEIPTS FOR WASTE REMOVAL IN THE CITY, TO SIXTEEN PERCENT (16%) OF SAID GROSS RECEIPTS, SAID RAISE TO BE EFFECTIVE ON OCTOBER 1, 2003. WHEREAS, pursuant to Section 90-221 of the Miami Beach City Code, the City Commission may adopt a resolution once yearly, raising the amount of the franchise fee currently paid to the City by private waste contractor franchisees, raising said fee by up to two percent (2%) of the franchisees' total monthly gross receipts; and WHEREAS, the Administration now recommends that the franchise fee be raised from the current fee of fourteen percent (14%) of the franchisee's total monthly gross receipts for waste removal within the City of Miami Beach, to a fee of sixteen percent (16%) of receipts, said raise to be effective on October 1, 2003; and WHEREAS, to consider the recommendation of the Administration, and as also required by Section 90-221 of the City Code, a public hearing was held by the City Commission, on July 30, 2003. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, following a duly noticed public hearing, and pursuant to Section 90-221 of the Miami Beach City Code, the Mayor and City Commission herein approve and authorize a raise of the franchise fee paid to the City by private waste contractors from the current fee of fourteen percent (14%) of the franchisees' total monthly gross receipts for waste removal in the City, to sixteen percent (16%) of said gross receipts; said raise to become effective on October 1, 2003. PASSED and ADOPTED this.30th day , MAYOR ATTEST: ' CITY CLERK APPROVED AS TO FORM & LANGUAGE CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: A Resolution raising the Franchise Fee paid to the City by private waste contractors from the current fourteen percent to sixteen percent of the Franchisee's total monthly gross receipts from waste removal in I the City. ~SSUe: Should the Mayor and the City Commission raise the private waste collection Franchise Fee? Item Su mmarylReco;,~inendation: The City Commission adopted Ordinance No. 91-2742 granting Non-Exclusive waste contractor Franchise Agreement on October 9, 1991. Chapter 90 of the Miami Beach City Code, Section 90-221 provides for regulations, fees and procedures, and specifies that the City has the option of raising the Franchise Fee once yearly, said raises not to exceed two percent (2%). Pursuant to City Code, the franchisees were given a 30 day notice prior to the proposed increase. The additional revenues collected in the amount of approximately $220,000 per year will be used by to reduce the General Fund contribution to the South Beach Service Team by this amount. Specifically, two MSWI and two MSWII positions representing approximately $120,000 plus benefits, and approximately $90,000 in litter control expenses such as operating supplies, training, and repair / maintenance of small equipment and vehicles. This fee increase affects solid waste franchisees that provide service to commercial accounts and multi- family units. Because of the varied type of accounts serviced it is difficult to provide an average cost increase per account. However, as an example, the average cost of waste disposal per yard is $4.50; therefore, a ten (10) unit complex that has a two yard container that is being serviced twice a week could incur an increase of $1.44 per month or $ .14 monthly per unit. The administration recommends approval of the Resolution. Advisory Board Recommendation: Financial Information: Amount to be expended: Source of Funds: Finance Dept. Slain-Offs: AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLOPJDA33139 · ~ www.ci.miami-beach.fl.us ~ To: From: Subject: COMMISSION MEMORANDUM Date: July 30, 2003 Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE INCREASE OF THE FRANCHISE FEE PAID TO THE CITY BY PRIVATE WASTE CONTRACTORS FROM THE CURRENT FEE OF FOURTEEN PERCENT '14%) OF THE FRANCHISEE'S TOTAL MONTHLY GROSS RECEIPTS ~OR WASTE REMOVAL IN THE CITY, TO SIXTEEN PERCENT (16%) OF SAID RECEIPTS. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS Under Chapter 90 of the Miami Beach City Code, Section 90-221 provides for regulations, fees, and procedures, and specifies that the City has the option of raising the Franchise Fee once yearly, said raises not to exceed two percent and shall be imposed only by resolution after a public hearing and thirty days prior notice to all Franchise Waste Contractors. As a point of comparison, the following table lists, in ascending order, the residential solid waste service rates of several local municipalities: MUNICIPALITY Coral Gables 12% Miami-Dade County 15% Miami Beach 16 % North Miami 17.5% Miami 20% (Proposed Increase) The proposed Franchise Fee increase from fourteen percent (14%) to sixteen percent (16%) will generate additional estimated revenue of $220,000 per year. The additional revenues collected in the amount of approximately $220,000 per year will be used by to reduce the General Fund contribution to the South Beach Service Team by this amount. Specifically, two MSWI and two MSWII positions representing approximately $120,000 plus benefits, and approximately $90,000 in litter control expenses such as operating supplies, training, and repair / maintenance of small equipment and vehicles. This fee increase affects solid waste franchisees that provide service to commercial accounts and multi-family units. Because of the varied type of accounts serviced it is difficult to provide an average cost increase per account. However, as an example, the average cost of waste disposal per yard is $4.50; therefore, a ten (10) unit complex that has a two yard container that is being serviced twice a week could incur an increase of $1.44 per month or $ .14 monthly per unit. JMG:RCM:FHB:AZ CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE S HEREBY given' that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Co,nvention C~nter Drive, Miami Beach, Florida,-on! Wednesday, July 30, 2~, at 10:45 a,m., purSuant to Section 90-221 of the{ Miami Beach City Code,,to consider raising the Franchise Fee paid to the City by =rivate Waste Contractors from the currant fee of Fourteen Percent (14%) of the Fmnchisaes Total Monthly Gross Receipts for Waste Removal in the City, to Sixtasn Percent (16%) of said gross receipts. Inquiries may be directed to Public Works at (305} 673-7080. INTERESTED PARTIES ars invited to appsar st this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o tha City Clerk. 1700 Convention Ce~er Drive, 1st Floor, City Hall, Miami Beach, Flodde 33139. Copies of this ordinance are available for public inspection du~ing normal business hours in the City Clerk's Office, !700 Convanflo~ Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. ~is meeting may be continued and under sucfl c~rcumstancsa additional legal nofloe would not be 13'ovided. Robert E, percher, C~y Clerk Pursuant to Section 286,0105, Fla. Stat., the City hereby aclvisss the public that: if a ppoal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a ved3atlm record of the proceedings is made, which record includes the testimony ~nd evidence upon which the appeal Is to be l~ased, This notice doe~ not constitute consent by the City for the introduction or admission of otne~v~ce inadmissible or irrelevant evidence, nor does it authorize challenges or appeals net athem4se In accordance with the Nnoricans ~ Disabilities Act of 1990, persons noedlng special accommodation to participate in this prOCeeding, or to request information pn access for persons with diasbititisa, or to request this publication in ~ccsseible forrnst, or to request sign language interprstms, should contact the City Clerk's off~e at (305) 573-7411, no later than four days prior to the proceeding. If hearing impaired, contact the City Cie~'s office via the Florida Relay Service numbers, (800] 955-8771 ~ or