Ordinance 98-3142 4
ORDINANCE NO. 98-3142
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 91-
2758, PROVIDING FOR THE GRANTING OF A NON-EXCLUSIVE
FRANCHISE TO WESTSIDE SANITATION D/B/A LAZAROS WASTE
RECYCLING, AS SUCCESSOR IN INTEREST TO AMERI-CARTING
CORPORATION, FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE GENERATED WITHIN THE CITY OF MIAMI BEACH; SAID
AMENDMENT APPROVING THE RENEWAL OF THE FRANCHISE FOR
AN ADDITIONAL FIVE (5) YEAR PERIOD, AND REQUIRING THE
FRANCHISEE TO CONTRIBUTE TOWARD A PUBLIC RIGHT-OF-WAY
CLEANING PROGRAM, TO BE ESTABLISHED BY THE CITY;
PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND
AN EFFECTIVE DATE.
WHEREAS, on April 24, 1991,the Mayor and City Commission adopted Ordinance No.
91-2742, amending Chapter 14A of the Miami Beach City Code entitled, "Garbage," and providing
the licensing and operating criteria for not more than five (5) non-exclusive waste contractors to
provide collection and disposal of solid waste generated within the City of Miami Beach; and
WHEREAS, on or about October 9, 1991, the Mayor and City Commission adopted
Ordinance No. 91-2758, providing for the granting of a non-exclusive franchise to Ameri-Carting
Corporation, a Florida corporation, for the collection and disposal of solid waste generated within
the City of Miami Beach; and
WHEREAS,pursuant to the adoption of Resolution No.97-22435,approving an assignment
of the non-exclusive franchise, Westside Sanitation d/b/a Lazaros Waste Recycling is the successor
in interest herein to Ameri-Carting Corporation; and
WHEREAS,the initial seven(7)year term of the non-exclusive franchise currently held by
Westside Sanitation d/b/a Lazaros Waste Recycling will expire on October 18, 1998, and the City
may thereupon, at its sole discretion, either accept applications for a new franchisee and/or renew
the current franchisee for an additional term; and
WHEREAS,the Administration has been negotiating with all five of the City's current non-
exclusive franchisees, including Westside Sanitation d/b/a Lazaros Waste Recycling, and would
herein recommend that the Mayor and City Commission approve a renewal term of five (5)years
for said franchises,rather than the seven(7)year term currently set forth in Ordinance No. 91-2758;
and
WHEREAS, as further consideration for the Administration's recommendation for renewal
of the five incumbent non-exclusive franchises, the Administration would also recommend that
Ordinance No. 91-2758, granting the franchise currently held by Westside Sanitation d/b/a Lazaros
Waste Recycling and memorializing the terms of the agreement between the City and the franchisee,
be amended to not only reflect the new renewal term, but also to require the incumbent franchisee
to contribute an amount equal to two percent(2%)of its annual gross receipts, toward a City public
right-of-way cleaning program, to be established through the City's Sanitation Department.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
Upon recommendation by the Administration, and having found that the requirements for
renewal of the franchise waste agreement,as set forth in Chapter 90,Article IV, Sections 90-229 and
90-230 of the Code of the City of Miami Beach, have been met, the Mayor and City Commission
finds such renewal to be in the best interest of the City and herein accepts and approves the renewal
of the non-exclusive franchise granted to Westside Sanitation d/b/a Lazaros Waste Recycling, as
successor in interest to Ameri-Carting Corporation,pursuant to Ordinance No. 91-2758, as same is
subsequently amended herein. Accordingly, Section 5 of Ordinance No. 91-2758 is amended as
follows:
SECTION 5. TERM.
The term of this franchise shall commence on the effective date of this
ordinance. The franchise shall be granted for a period of seven (7) years unless
sooner terminated by revocation due to breach of the terms hereof by the Grantee or
due to the bankruptcy of insolvency of the Grantee. At the expiration or earlier;
revocation thereof,the City Commission may choose, in its sole discretion,to accept
applications for a new franchisee and/or to renew this franchise for an additional
seven(7)five(5)year period or to provide for collection and disposal of solid waste
by some other means. In deciding whether to issue a new franchise to a different
franchisee or to accept a franchise application from the current franchisee for renewal
of this franchise, the City Commission shall follow the criteria and procedure set
forth in Section 14A-16 of Ordinance No. 91-2742 Chapter 90,Article IV, Section
90-229 and 90-230 of the Code of the City of Miami Beach.
SECTION 2.
As further consideration for renewal of this franchise, Westside Sanitation d/b/a Lazaros
Waste Recycling agrees to contribute an amount, as set forth herein, based upon a percentage of its
annual gross receipts,toward a City public right-of-way cleaning program, to be established by the
City,through its Sanitation Department. Accordingly, the following paragraph is added at the end
of Section 6.
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SECTION 6. FRANCHISE CONSIDERATION
* *
In addition to payment of the franchise fee, as set forth herein, the Grantee
shall pay an amount equal to two percent (2%) of its annual Gross Receipts, as
defined in this section, to be applied by the City toward the establishment.,
implementation, and operation of a public right-of-way cleaning program, to be
established by the City and operated through its Sanitation Department. The Grantee
shall, on or before thirty(30)days following the close of its fiscal year,deliver to the
Finance Director and the City Manager a statement of its annual gross receipts
generated from accounts within the City certified by an independent certified public
accountant, reflecting gross receipts within the City for the preceding fiscal year.
Payment of this amount for the City's program shall be made monthly to the Finance
Director, on or before the last day of each month.
SECTION 3.
All references throughout this Ordinance to Ordinance No. 91-2742,as amended, shall mean
Chapter 90 of the Code of the City of Miami Beach, entitled, "Solid Waste," as same may be
amended from time to time. All references to Section 14A-3 of Ordinance No. 91-2742, shall refer
to Section 90-97; Section 14A-17 of Ordinance No. 91-2742, shall refer to Section 90-276 et seq.;
Section 14-A-15 of Ordinance No. 91-2742, shall refer to Section 90-191 et seq.; Section 14A-16a
of Ordinance No. 91-2742, shall refer to Section 90-221 et seq.
SECTION 4. 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 a 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.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
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SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the 17th day of October , 1998.
PASSED and ADOPTED this 7th day of October , 1998.
ATTEST: MAYOR
(i' P&c&i
C TY CLERK
FDA\kw(F:\ATTO\AGUR\RESOS)91-2758.AMD)
Ordinance No. 98-3142
1st reading 9/23/98
2nd reading 10/7/98 APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
liI d4e ,//c/9,e
ily Attorney Des.
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; ITY OF MIAMI BEACH
TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. 683-58
TO: Mayor Neisen O. Kasdin and DATE: October 7, 1998
Members of the City C mmission
FROM: Sergio Rodriguez
City Manager
SUBJECT: ORDINANCES AMENDING ORDINANCE NOS. 2757; 2758; 2759; 2760;
AND 2761,RESPECTIVELY,PROVIDING FOR THE GRANTING OF NON-
EXCLUSIVE FRANCHISES FOR THE COLLECTION AND DISPOSAL OF
SOLID WASTE GENERATED WITHIN THE CITY OF MIAMI BEACH;
SAID AMENDMENTS APPROVING THE RENEWAL OF THE
FRANCHISES FOR AN ADDITIONAL FIVE (5) YEAR PERIOD, AND
REQUIRING THE FRANCHISEES TO CONTRIBUTE TOWARD A PUBLIC
RIGHT-OF-WAY CLEANING PROGRAM,TO BE ESTABLISHED BY THE
CITY; PROVIDING FOR SEVERABILITY; CODIFICATION;REPEALER;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinances.
BACKGROUND
The Ordinances were approved on first reading at the September 23, 1998 City Commission
meeting.
The City of Miami Beach has non-exclusive franchise agreements with five solid waste haulers:
Eastern Environmental Services of Florida, (EESF); Lazaros Waste Recycling; Davis Sanitation,
Inc.; Browning Ferris Industries; and Waste Management, Inc. After seven years of service to the
City of Miami Beach, the agreements with each of the franchisees will expire on October 18, 1998.
The Administration has held a series of meetings with the franchisees, and based on those meetings,
the Administration is recommending a five year franchise renewal.
The City's five commercial waste haulers have agreed to the following requirements which have
been incorporated into the amendments to the Solid Waste Chapter 90 of the Miami Beach City
Code. (See companion Item R5F.) They are:
1) Increased fines to the franchisees for violations related to container condition and
size;
AGENDA ITEM R P-
DATE 1 0 77)-9 V
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2) Increased accountability for the area surrounding the container to the property line
or within a radius of 10 feet regardless of whether it is included or secured within a
dumpster;
3) The franchise renewal period has been reduced from seven years to five years; and
4) A 2% of annual gross contribution (payable monthly) to a "Public Right-of-Way
Clean-Up Program" to be developed by the City to provide additional funds(totalling
approximately $185,000 annually) to further clean the City's commercial districts.
ANALYSIS
The City's Commercial Solid Waste Franchisees have been fully apprised of the City's dissatisfaction
with the conditions of commercial areas of the City and the need to provide additional assistance.
They have agreed to become more proactive and accountable for the conditions of the businesses
they service and the City at large. They have agreed to identify accounts in need of additional
service and/or large containers; as well as improving conditions at and around the accounts they
serve. By requiring larger container sizes, greater pick-up frequency and additional responsibility
to service accounts, the haulers gross revenue will increase and consequently the City's franchise
revenue(based on annual gross franchise fee)will also increase. Based on the foregoing discussions
with the haulers,the Administration is recommending renewal of the franchise agreements for a five
year period.
CONCLUSION
The City Commission should adopt the Ordinances on second and final reading.
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