98-3135 ORD
ORDINANCE NO. 98-3135
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 90, ENTITLED
"SOLID WASTE" BY AMENDING SECTION 133 ENTITLED "SINGLE
UTILITY BILLING", BY ADDING A SANITATION COMMERCIAL
IMPACT FEE; PROVIDING FOR CODIFICATION AND SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach, Florida finds it in the public
interest to ensure that all areas within the City limits are adequately provided with high-quality
waste collection and disposal service; and
WHEREAS, the City Commission finds it in the public interest to retain regulatory authority as
permitted by law over waste collection and disposal because of the overriding public health,
safety, welfare and ecological considerations associated with the provision of this service; and
WHEREAS, the City Commission finds it in the public interest to retain control over the use of
public rights of way to ensure against interference with the public convenience, to promote
aesthetic considerations, and to protect the public investment in right of way property; and
WHEREAS, the City Commission finds that the adding of a "Sanitation Commercial Impact Fee"
to help offset the enormous costs related to the collection and disposal of garbage/debris
related to commercial businesses within the City is the best means of assuring that the above
described interests of the City are served.
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER 90 ENTITLED "SOLID WASTE"
That Section 90-133 of the Code of the City of Miami Beach is hereby amended to read as
follows:
SECTION 90-133. SINGLE UTILITY BILLING.
***
The City Finance Director, may direct the Utility Billing Division to issue one itemized water
and sewer bill, where practicable, for all water meters billed to a given Owner or consumer on
a given parcel of property or properties. In addition, he may direct, where practicable, that
the appropriate charges for Garbage and waste fees be included on any bill rendered for water
and sewer charges. A Sanitation Commercial Impact Fee shall be char~ed monthly on each
commercial business account and included on any bill rendered for water and sewer char~es.
This fee would be based on each commercial business' Equivalent Commercial Unit (ECU)r as
shown on the following fee schedule:
Number of Equivalent
Commercial Units (ECU)
Monthlv
Charae
From 0 to 25
From 26 to 50
From 51 to 75
From 76 to 100
101 and above
i1.Q..
lli..
iN-
$40
~
The combined bills are subject to all provisions as set forth in chapters 90 and 110 of this
Code.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section", "article," or other appropriate word.
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SECTION 3. REPEALER.
All ordinances or parts in conflict herewith be and the same are hereby repealed.
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.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption on the 19th day of
September
,19~.
PASSED and ADOPTED this ~ day of September , 19~.
f/1
MA YOR
ATTEST:
~y~~
CITY CLERK
1st reading 7/15/98
2nd reading 9/9/98
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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3
tTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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~ITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. -.5.J..ill
TO:
Mayor Neisen O. Kasdin and
Members of the City Co
DATE: September 9,1998
,
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE CHAPTER 90, SECTION 133, ENTITLED "SINGLE UTILITY
BILLING", BY ADDING A SANITATION COMMERCIAL IMPACT FEE;
PROVIDING FOR CODIFICATION AND SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance on second and final reading.
BACKGROUND:
The Commission approved the attached Ordinance on first reading on July 15, 1998.
The Sanitation Department fund is projected to show a deficit for FY 97/98 of $450,355, The
Sanitation department has worked diligently to correct this situation by researching many avenues
for new and/or increased revenues. The Sanitation Department operates with a small field crew of
forty-six (46) employees (due to a 40 hour work week; approximately 22 workers daily) who clean
the entire City 365 days per year. It is clear that additional services are needed and that current
staffing cannot adequately meet the demands of our increasingly busy city.
The aforementioned deficit, as well as the deficit operated under in previous fiscal years, has
developed for the following reasons:
o The storm water fund contribution continually decreases by 25% ($127,181) in accordance
with the commitment of the Commission to reduce dependency on the Storm Water Fund.
This contribution helps offset the cost of the street sweeping functions that prevent litter,
street trash and other refuse from entering the storm water drainage system, thus significantly
reducing the amount of pollutants prior to discharge into canals or Biscayne Bay.
o The City Administration recommended awarding a new contract for "Residential Solid
Waste and Yard Trash Collection and Disposal". This contract was awarded in April 1997
AGENDA ITEM
R5tL
DATE~
at a rate of $15.80 per residential unit, which reflected a $2.43 increase per unit from the
previous contract. This resulted in an annual increase of $189,000 that the Sanitation
Department absorbed. The Administration recommended awarding this contract with the
understanding that the $2.43 increase per residential unit cost to the City would be a "pass
through" by the Sanitation Department raising the rate charged to residents for the contracted
service in the same amount as the increased cost ($2.43). The Sanitation Department
presented the Ordinance to the Commission on April 1, 1998, but it was not approved.
o The Sanitation Department had to absorb the cost of cleaning the former "Districts" without
increased funding until FY 97/98, (The Ocean Drive district dissolved in Mid-'96, Collins
and Washington Avenue in Dec 1996, and Lincoln Road in 1997), The Sanitation
Department became immediately responsible for the daily cleaning and maintenance of these
areas. No funding was received for the services to these districts until October I, 1997. It
costs in excess of $325,000 annually to maintain these districts.
ANAL YSIS:
Miami Beach commercial accounts are serviced by five licensed franchise waste haulers. The five
private waste haulers remove garbage/debris that is enclosed within designated containers. However,
when garbage/debris is on the ground (whether fallen from the container due to an overflowed
condition or other circumstances) the Sanitation Department must step in to remove this waste to
assure the cleanliness of streets and alleyways in accordance with City Code requirements. The cost
for disposal of debris is over $250,000 annually, and does not include the cost of the manhours used
to collect, clean and transport this debris.
The Sanitation Department has proposed several fee increases which the City Commission has not
supported, including a Sanitation Impact Fee for commercial properties (a flat fee of $12 per month
per commercial establishment) which was rejected by the Finance and Citywide Projects Committee
as being too broad and unreasonable. However, the Committee recognized that a Sanitation
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Commercial Impact Fee would help offset the enormous costs associated with the removal and
disposal of garbage/debris generated by commercial business.
At the May 28, 1998, Finance and Citywide Projects Committee meeting, the Sanitation Department
presented a number of proposals for review and consideration. At this meeting the Sanitation
Department was instructed to resubmit the one proposal that would be most reasonable and equitable
for commercial establishments, while providing an adequate amount of revenue to correct the deficit
and improve the level of service for the cleanliness of our City.
The Sanitation Department returned to the Finance and Citywide Projects Committee on July 6,
1998, seeking approval of a Sanitation Commercial Impact Fee based on Equivalent Commercial
Units. The Committee approved the impact fee and directed that it be brought to the City
Commission for adoption.
PROPOSED FEE:
The revised impact fee structure proposes a more equitable means of assessing the monthly charge
to businesses of different sizes and characteristics based on different amount of debris created by
these businesses. The fee structure would be based on each commercial business' Equivalent
Commercial Units (ECUs), thereby creating an equitable means of charging businesses that share
common traits (larger businesses with greater numbers of rooms would pay a higher monthly fee).
ECUs are already being used for certain utility billing cycles in the City, therefore, the work involved
in establishing this Sanitation Commercial Impact fee as part of the monthly utility billing cycle would
be minimal.
The following chart shows all of the commercial businesses broken down into ECU ranges and the
proposed corresponding monthly charge each business would pay, These accounts would be invoiced
monthly on their utility bill, This fee is reasonable to cover the enormous costs associated with the
garbage/trash removal from the streets and alleyways of Miami Beach,
ECUs NUMBER OF MONTHL Y ANNUAL TOTAL MONTHL Y TOTAL ANNUAL
BUSINESSES CHARGE CHARGE PER INCOME INCOME
BUSINESS
$ $ $ $ $
o to 25 3,639 16 192 58,224 698,688
26 to 50 390 24 288 9,360 112,320
51 to 75 93 30 360 2,790 33,480
76 to 100 43 40 480 1,720 20,640
101 + 127 50 600 6,350 76,200
TOTAL 78,444 941,328
Instituting this new proposed plan would generate approximately $941,328 annually in additional
funds to offset the cost of Sanitation services and help decrease the amount of the deficit under which
the Sanitation Department is operating. The Sanitation Department recognizes that the services
provided by the department are inadequate in many areas. Increased revenues are essential to
providing the desired levels of service without operating at a deficit.
,
CONCLUSION:
The City Commission should adopt the Ordinance,
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