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2002-25040 Reso RESOLUTION NO. 2002-25040 A RESOLUTION OF THE MAYOR AND CITY COMMISSION .OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 90-221 OF THE MIAMI BEACH CITY CODE, RAISING THE FRANCHISE FEE PAID TO THE CITY BY PRIVATE WASTE CONTRACTORS FROM THE CURRENT FEE OF TWELVE PERCENT (12%) OF THE FRANCHISEES' TOTAL MONTHLY GROSS RECEIPTS FOR WASTE REMOVAL IN THE CITY, TO FOURTEEN PERCENT (14%) OF SAID GROSS RECEIPTS, SAID RAISE TO BE EFFECTIVE AS OF OCTOBER 1, 2002. WHEREAS, pursuant to Section 90-221 of the Miami Beach City Code, the City Commission may adopt a resolution once yearly, raising the amount of the franchise fee currently paid to the City by private waste contractors (the franchisees), raising said fee by up to two percent (2%) of the franchisees' total monthly gross receipts; and WHEREAS, this franchise fee was last increased in October 1995; and WHEREAS, the Administration now recommends that the franchise fee be raised from the current fee of twelve percent (12%) of the franchisees' total monthly gross receipts for waste removal within the City of Miami Beach, to a fee of fourteen percent (14%) of receipts, said raise to be effective as of October 1, 2002; and WHEREAS, to consider the recommendation of the Administration, and as required by Section 90-221 of the Miami Beach City Code, a public hearing was held by the City Commission, on October 23, 2002. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that following a duly noticed public hearing, and pursuant to Section 90-221 of the Miami Beach City Code, the Mayor and City Commission herein approve and authorize a raise of the franchise fee paid to the City by private waste contractors from the current fee of twelve percent (12%) of the franchisees' total monthly gross receipts for waste removal in the City, to fourteen percent (14%) of said gross receipts, said raise to be effective as of October 1, 2002. PASSED and ADOPTED this 23rd October ,2002. :). MAYOR ATTEST: ~~M~ CITY CLERK APPROVEDASTO" FORM & LANGUAGE & FOR EXECUTION ~~\\~{;0 '.tt:~'!~::~!:~;;~,:~ '.:'~i :~;~ ~ 'U) -l :: c: ill ~ :< LL. INTERESTED PARTIES are Invited to' appear at this hearing be represented by an agent, er to' express their views in writing addressed to' the City Cemmisslen, c/O' the City Clerk, 1700 Cenventlen Center Drive, 1 st Floor,. City Hall, Miami Beach, Flerlda 33139. This meeting may be centlnued and under such circumstances addltienallegal netlce weuld net be previded. NOTICE t8 HJ;REBY ~ tttat'aPUblic hearing win be heldby the City' ~ mls8lon of the city of Miami Elllach, In the COmmission Chambers, 3rt:li 0 r, C Hall, .1700 C~ori. Center Drive,. Miami Beach, Florida, 0'1, ~ ' 00t0ber23, 2002111 10:36 8,m" pursuant to' Section 90-221 0' :It e Mlaml . 'hClty Cod.. to' consider raisll\g the Franchise. Fee Paid Tc p Ihe CIty By Private Waste Contracters From The Current Fee Of TweIv~ I Percenl (12%) Of The Franchlsae's Total MenlhlyGross Receipts Fer W8$le Removal In The City, TO' Fourteen Percenl (14%) Of Seid Receipts. INQUIRIES may be directed to' the Planning Department at (305) 673-7550. ,~ , ~ :z: III " !. Do Rebert' E. Parcher, City Clerk City ef Miami Beach Pursuant to' Section 286.Q1 05, Fla. Slat., the City hereby advises the public thaI: if a persen decides to' appeal any decisien made by the City Cemmlssien with respect to' any matter censidered at its meeting or its hearing, such person must ensure that a verbatim recerd ef the proceedings is made, which record includes the testimeny and evidence upon which the appeal Is to' be based.. This netlce dees net censtitutl;l censent by the City fer the Introductien er admlssien ef etherwise inadmissable er Irrelevant evidence, ner dees it autherize challenges er appeals net etherwise allewed bylaw. ' In accerdance with the Americans with Disabilities Act ef 1990, persons needing special accemmedatien to' participate In this proceeding sheuld contact the City Clerk's effice nO' later than feur days prier to' the proceeding. Telephene(305) 673-7411 fer assistance; If hearin\Limpaired, telephene the Flerlda Relay ServIce numbers, (800) 955-8771 (TOO) er (800) 955-8770 (VOICE), for assistance. J: .. (Ad 110137) CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m ............ Condensed Title: A Resolution to increase the Franchise Fee paid to the City by Private Waste Contractors from the current twelve percent to fourteen percent of the Franchisee's total monthly gross receipts from waste removal in the City. Issue: Should the Mayor and the City Commission increase the Private Waste Collection Franchise Fee? Item SummarY/Recommendation: The City Commission adopted Ordinance No. 91-2742 granting Non-Exclusive waste contractor Franchise Agreements on October 9, 1991. Under Chapter 90 of the Miami Beach City Code, Section 90-221 provides for regulations, fees and procedures, and specifies that the City has the option of raising the Franchise Fee once yearly, said raises not to exceed two percent (2%). The last increase to this fee was in 1995. Per City Code, the franchisees were given a 30 day notice prior to the proposed increase. The additional revenues collected in the amount of $205,000 per year will fund general sanitation requirements throughout the City and is an important component in budgeted sanitation service improvements in fiscal year 2003. The administration recommends approval of the Resolution. Advisory Board Recommendation: I Financial Information: Amount to be expended: D Finance Dept. Source of Funds: F:\WORK\$ALL\O Lucy\Sanitatlon\Franchise Fee surrrnary.doc AGENDA ITEM DATE R78 It) ~3-o'2.. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez kL City Manager A RESOLUTION 0 THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE INCREASE OF THE FRANCHISE FEE PAID TO THE CITY BY PRIVATE WASTE CONTRACTORS FROM THE CURRENT FEE OF TWELVE PERCENT (12%) OF THE FRANCHISEE'S TOTAL MONTHLY GROSS RECEIPTS FOR WASTE REMOVAL IN THE CITY, TO FOURTEEN PERCENT (14%) OF SAID RECEIPTS. Date: October 23. 2002 To: Subject: ADMINISTRATION RECOMMENDATION Adopt the resolution, ANALYSIS Under Chapter 90 of the Miami Beach City Code, Section 90-221 provides for regulations. fees, and procedures, and specifies that the City has the option of raising the Franchise Fee once yearly, said raises not to exceed two percent and shall be imposed only by resolution after a public hearing and thirty days prior notice to all Franchise Waste Contractors. The last such increase was effective October 1, 1995. A public hearing will be held at the regular Commission Meeting of October 23th, 2002. As point of comparison, the following chart lists in ascending order the residential solid waste service rates of several local municipalities: MUNICIPALITY Coral Gables Miami Beach Miami-Dade County North Miami Miami 12% 14% 15% 17,5% 20% (With Proposed Increase) The proposed Franchise Fee increase from twelve percent (12%) to fourteen percent (14%) will generate an additional estimated revenue of $205,000 per year, which will fund sanitation requirements throughout the City and is an important component in budgeted sanitation service improvements in fiscal year '03. CONCLUSION The Administration recommends that the Mayor and City Commission approve the increase of the Franchise Fee paid to the City by private solid waste contractors from 12% of the fran hisee's total monthly gross receipts to 14% of said receipts.