2002-3382 Ordinance
ORDINANCE NO. 2002-3382
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE, CHAPTER 90, ENTITLED "SOLID WASTE," BY
AMENDING APPENDIX A TO SECTION 90-137(a), ENTITLED "FEE
SCHEDULE", BY AMENDING DIVISION 3 THEREOF, ENTITLED
"RATES, CHARGES, BILLING PROCEDURE", BY AMENDING
ARTICLE III ENTITLED "COLLECTION AND DISPOSAL", BY
RAISING THE FEE SCHEDULE FOR CITY COLLECTIONS AND
DISPOSAL OF GARBAGE AND TRASH AT A RATE CONCOMITANT
WITH THE RATE INCREASE ASSUMED BY THE CITY PURSUANT
TO SECTION 12.5 (CONSUMER PRICE INDEX) OF THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND BFI WASTE SYSTEMS
OF NORTH AMERICA; PROVIDING FOR COMPENSATION PAID
FROM THE CITY TO THE CONTRACTOR BASED ON THE
INCREASE OR DECREASE OF THE CONSUMER PRICE INDEX;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City's existing rate schedule for residential collection and disposal of
garbage and trash has not increased since October 2000; and
WHEREAS, the City's existing Agreement with BFI Waste Systems of North America,
Inc., for residential solid waste and yard trash collections services and operation of the Solid
Waste Management Facility (a/k/a Stash Area) located within the Bayshore Golf Course at 28th
Street and Meridian Avenue, provides for the increase/decrease of the contract price based on the
increase/decrease of the Miami-Dade County Tipping Fees and Consumer Price Index; and
WHEREAS, the monthly rate for single-family residences, to be paid by the City to the
Waste Hauler, BFI Waste Systems of North America, Inc., has increased by $ .65 per residential
unit over previous years monthly rate; and
WHEREAS, the monthly rate for multi-family residences, to be paid by the City to the
Waste Hauler, BFI Waste Systems of North America, Inc., has increased by $ .65 per residential
unit over previous years monthly rate; and
WHEREAS, the City Commission finds that by raising the schedule of fees for
collection and disposal of residential solid waste, yard trash and bulk wastes, concomitant with
the monthly rates paid by the City is in the best interest of the City.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. AMENDMENT OF APPENDIX A TO SECTION 90-137(a) OF THE CITY
CODE
That Appendix A to Section 90-137(a), entitled "Fee Schedule" for Chapter 90, Article III,
Division 3 ofthe Code ofthe City of Miami Beach is hereby amended to read as follows:
Appendix A
Fee Schedule
***
Chapter 90. Solid Waste
Article III. Collection and Disposal
Division 3. Rates, Charges, Billing Procedures.
90-137(a) Single Family residences, townhouses, per month. ....... ........... ..... ~ 31.50
Duplex, per month per unit....................... .. ..........................~ 31.50
Apartments, condominiums with less than 9 dwelling
units, per month per dwelling unit.... ............ ............ ...... ... .... ..2&:&+ 27.52
The rates will be adiusted annually to reflect the increases or
decreases in the Consumer Price Index for Consumers in the
Southeast United States for all items, and in the Miami-Dade
County Tipping Fees, unless otherwise directed by the City
Commission.
SECTION 2. REPEALER
All ordinances or parts in conflict herewith be and the same are hereby repealed.
.
SECTION 3. 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 should in no way affect
the validity of the remaining portion of this Ordinance.
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 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. EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after its adoption on the 6th day of
October ,2002.
PASSED and ADOPTE this 26th day of September, 2002.
ATTEST:
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CITY CLERK.
APPROVED Nt TO
FORM & LANGUAGE
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NonCE OF A SPECIAL CITY COMMISSION MEETING
NOTICE IS HEREBY given that a Special Commission Meeting will be held by the City ~
Commission of the City of Miami Beach, on Thursday, September 26, 2002,
commencing at 5:01 p.m., in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida.
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AN ORDINANCE AMENDING MIAMI BEACH CITY CODE, CHAPTER 9Cl ENtmED
"SOLID WASTE, · BY AMENDING SECTION 9O-137(A). ENTITLED "APPENDIX A-
FEE SCHEDULE.. BY RAISING THE FEE SCHEDULE FOR CITY CQUECTION AND
DISPOSAL OF GARBAGE AND TRASH AT A RATE EQUAL. WlTH ,THE RATE
INCREASE ASSUMED BY THE CITY PURSUANT TO'SECTION 12.5 (CONSUMER ~.',
PRICE INDEX) OF THE AGREEMENT BEtWEEN THE CITY OF MIAMI BEACH AND ~
BFI WASTE SYSTEMS OF NORTH AMERICA; PROVIDING FOR COMPENSATION
PAID FROM THE CITY TO .THE CONTRACTOR BASED ON THE INCREASE OR
DECREASE OF THE CONSUMER PRICE INDEX. EFFECTIVE OCTOBER 1.2002.
Inquiries may be directed to the Public Works Department at (305) 673-7880.
A public hearing adopting the fina\ mllagerate and Budget for f'1SC8I V_ 2002103
for the CIty of Miami Beach.
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InQUiries may be directed to the Office of Management and Budget at (305) 673-7510.
In addition, the City Commission may discuss other City buSiness at this meeting.
Robert E. Parcher. City Clef1(
City of Miami Beach
Pursuant to Section 286.0105, F.1a Stat. the City hereby adviseS the public that If a !*SOn
decides to appeal 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 verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be' based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmisSible.. or irrelevant evidence, nor does it
authorize challenges or appeals not oth~se liI10wed by law.
,
. IN ACCORDANCE W1lH tHE AMERICANS W1lH OIsAaIUllES M:T OF 1990, PERSONS NEEDlNG-SPEC\AI. I
ACC()MMOllATION TO PARTlClI'ATE IN 1ll1S PAOCEEllING.,SHOlJlD CONTM:T THE CITY (llRK'S OFFICE NO I
LATER 'THAN FOUR DAYS PfOOR TO THE PROCEEDING. lC\.EPHONE (305) 673-7411 FOR ASSl$WlCE;, IF
HEARING IMPAIRED. taEPHONE lllE A.ORIDA RElAY SERII1CE NUMBERS. (800) 955-8771 (1DO) OR (BOO) 956-
8770 \VOlCEl, FOR ASSISTANCE.
11 (AdtOl291
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lQ
Condensed Title:
An Ordinance amending Miami Beach City Code, Chapter 90 entitled "Solid Waste," by amending
Section 137(A) entitled "Appendix A-Fee Schedule," by raising the fee schedule for City collection and
disposal of aarbaae and trash, effective October 1, 2002.
Issue:
Shall the Commission approve an increase in the Solid Waste fee charged to residential customers?
Item Summary/Recommendation:
Pursuant to Section 12.5 of the service contract, BFI, the Residential Waste Hauler has increased the
contract price in the amount of $50,235.00 based on the Consumer Price Index (CPI) increase and the
Miami-Dade County tipping fee increase. The increase has been paid by the Sanitation Department,
creating an operating deficit that will continue to increase yearly, unless the fees are increased. The fee
paid by the residents has not increased since October 2000. The Administration recommends that the
Solid Waste Fee in FY 2003 be increased $.65 per month, from the current $30.85 per month for Single
Family to $31.50, and from $26.87 per month for Multi Family to $27.52.
The Administration recommends the Ordinance be adopted.
Advisory Board Recommendation:
I N/A
Financial Information:
Finance Dept.
Source of
Funds:
D
City Clerk's Office Legislative Tracking:
I Fred H. Beckmann
T:\AGENDA\2002\SEP2502\REGULAR\Trash
AGENDA ITEM 1(5 A
DATE 9-e26--cJ:L
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
CITY OF MIAMI BEACH
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: September 26, 2002
Members of the City Commission
Jorge M. Gonzalez \ ~ SECOND READING
City Manager tJ U PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE,
CHAPTER 90 ENTITLED "SOLID WASTE, II BY AMENDING SECTION 90-
137(A), ENTITLED "APPENDIX A-FEE SCHEDULE," BY RAISING THE
FEE SCHEDULE FOR CITY COLLECTION AND DISPOSAL OF
GARBAGE AND TRASH AT A RATE EQUAL WITH THE RATE INCREASE
ASSUMED BY THE CITY PURSUANT TO SECTION 12.5 (CONSUMER
PRICE INDEX) OF THE AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND BFI WASTE SYSTEMS OF NORTH AMERICA; PROVIDING
FOR COMPENSATION PAID FROM THE CITY TO THE CONTRACTOR
BASED ON THE INCREASE OR DECREASE OF THE CONSUMER PRICE
INDEX, EFFECTIVE OCTOBER 1, 2002.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance on second
reading.
ANALYSIS
On September 13, 2000 the Mayor and City Commission authorized the Administration to
execute a Service Agreement with the top-ranked firm, BFI Waste Systems of North
America, Inc., for the collection and disposal of residential solid waste, yard waste, bulk
wastes and operation of the City's solid waste management facility. This agreement allows
for the increase/decrease of the contract price based on the increase/decrease of Miami-
Dade County Tipping Fees and the Consumer Price Index (CPI), which shall not exceed 5
percent (5%) per year.
Since the execution of said Service Agreement on October 18, 2000, the CPI and County
tipping fees have increased costs by $50,235; which have been absorbed by the City,
creating a deficit that will continue to grow unless an annual adjustment is made. With the
proposed increase of $.65 per month, the annual fee will increase by $7.80, from 370.20 to
$378.00. The proposed increase still keeps the City of Miami Beach fees well below other
local municipalities as shown in the next page. As a point of comparison, the City of Coral
Gables annual fee for backyard service is $552.00 compared to the proposed City of Miami
Beach annual fee of $378.00
September 26, 2002
Commission Memorandum
Solid Waste Fee Increase
Page 2
MUNICIPALITY ANNUAL POINT OF
FEE SERVICE
Opa Locka $321.00 Curbside
Hialeah $324.00 Curbside
Miami $325.00 Curbside
Miami-Dade County $349.00 Curbside
Miami Beach $378.00 Backyard (Proposed Increase)
North Miami $384.00 Curbside
North Miami Beach $417.00 Curbside
Miami Shores $420.00 Curbside
Coral Gables $552.00 Backyard
By raising fees annually to match the costs increases allowed under the contract with BFI,
the City will collect from the residential customers the amount charged by BFI for their
services.
The following chart illustrates the difference in current and proposed fees charged to
residents for solid waste services.
MONTHLY ANNUAL #OF MONTHLY ANNUALLY
FEES PER FEES PER UNITS TOTAL FEES TOTAL FEES
RESIDENTIAL RESIDENTIAL
UNIT UNIT
City Current Fees/ Single Family $30.85 $370.20 5,299 $163,474.15 $1,961,689.80
City Current Fees/Multi Family $26.87 $322.44 1,117 $ 30,013.79 $ 360,165.48
Total Current 6,416 $193,487.94 $2,321,855.28
City Proposed Fees/Single-Family $31.50 $378.00 5,299 $166,918.50 $2,003,022.00
City Proposed Fees/Multi-Family $27.52 $330.24 1,117 $ 30,739.84 $ 368,878.08
Total Proposed 6,416 $197,658.34 $2,371,900.08
Difference/ Single-Family $.65 $7.80 5,299 $ 3,444.35 $ 41,332.20
Difference/ Multi-Family $.65 $7.80 1,117 $ 726.05 $ 8,712.60
Total Difference $ 4,170.40 $ 50,044.80
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