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 .
LF:scf:memos\IWS2.cm
AGENDA
ITEM
DATE
96
R -3-C_
z-3-93
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