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
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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
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See—Eh. 20 of this Codc.
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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
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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
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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.
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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. "
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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.
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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
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