HomeMy WebLinkAboutO-2011-026 Amending Sections 13-68 and 13-74 Garbage ORDINANCE NO. 2011-026
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING SECTIONS 13-68 ENTITLED
"DEFINITIONS" AND 13-74, ENTITLED "GARBAGE COLLECTION BY
PRIVATE HAULERS, PERMITS REQUIRED", BY AMENDING
PARAGRAPH 2 ENTITLED "FRANCHISE FEE REQUIRED" AND
PARAGRAPH 5, OF ARTICLE IV, ENTITLED "GARBAGE AND TRASH"
OF THE CITY CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, THAT:
Section 1. Section 13-68, entitled"Definitions", of Article IV, entitled"Garbage and
Trash",of the Code of Ordinances is amended to read as follows:
Sec. 13-68. Definitions.
Designated disposal acility, as used in this Section, shall mean Reuter Recycling,
Pembroke Pines,Florida, or such other facility designated ted by the City manager.
Section 2. Section 13-74, entitled "Garbage collection by private haulers, permits
required", Paragraph 2 entitled "Franchise fee required" of Article IV, entitled "Garbage and
Trash", of the Code of Ordinances is amended to read as follows:
Sec. 13-74. Garbage collection by private haulers,permits required.
(2) Franchise fee required.
The minimum franchise fee fer- permit shall be cost one thousand dollars ($1,000.00) per year
payable in advance on or before October 1 of each year; provided thm ;f mere ;s due f r t
. Ihowever, that if a permit is granted
for a period of less than six (6) months, the minimum fee shall be five hundred dollars ($500.00)
in addition to the application fee of one hundred fifty dollars ($150.00). A renewal application
and a seventy-five dollar ($75.00) application fee is required each year. All permits shall expire
each September 30. The fee for- a t,.,,,ling permit shall be twenty seven its ($0 27) ro „�,;,.
'IAlY of uneempaeted eentainer-s and eighty o .
eelleeted in the City of Dania Beaeh by sueh pffivate haulers payable in a&anee. The franchise
fee shall be equal to ten percent (10%) of the total gross revenues collected by the permittee for
the services provided pursuant to Section 13-74.
Such fee shall be payable on a quai4M monthly basis in a&anee arrears within thirty(30) days
of the beg i� end of each quart month and the minimum fee due under-this subseetien s
in ,,r-da ee with paragraph (5) „f this subse.tie „f the City f Dania Beau,. Monthly fees
must coincide with monthly revenue collections and permittee is required to create and maintain
all billing, adjustment and collection documentation for a period of no less than five (5) years for
subsequent audit, review or examination by the City or€ th& its licensed Florida C.P.A.
designee. Failure to timely provide information required under paragraph (5) of this subsection
or to remit the fee required under this paragraph shall be cause for revocation of any issued
hauling permit and a violation of this Code punishable as provided in section 1-8 of this Code.
The City may iner-ease adjust the franchise fee annually with prior written notice to all
permittees. to --efleet the iner-ease, if a in the Gens,,me,. D--i^e hndex The City shall notify in
writing the permit holders prior to October 1 of each year of any such change in the franchise
fee.
(3) All changes in customer accounts, whether additions or deletions, shall be reported in
writing to the city manager or designee within €rye thirty (530) days of such change, including
giving the name of such customer and the disposal permit number of such customer.
(4) The city manager is y authorized to designate a disposal facility or facilities named in
any interlocal or private waste disposal agreement entered into by the city, and to require holders
of hauling permits to dispose of waste equivalent and of a similar nature to that collected in the
city at such location. Failure by a private hauling permit holder to dispose of waste at such
location shall be in violation of this Code, punishable as provided in section 1-8 of this Code and
shall be cause for revocation of the violator's hauling permit:; provided, however, that the City
has given advance written notice to the alleged violator at least twice, both of which notices shall
be sent at least thirty (30) days before a municipal ordinance violation information document is
filed with the court. Both notices shall be sent by regular mail and certified mail, return receipt
requested.
(5) It shall be a condition of issuance or renewal of any hauling permit that the holder of such
hauling permit shall report in summary to the city on a quarterly basis at or before a date fixed by
2 ORDINANCE#2011-026
the city manager or designee, the bulk tonnage of all materials originating within the city and the
holder shall obtain and retain evidence of its summary material tonnag_gd by commies of weight
tickets issued by the disposal facility for a period of no less than five(5) years for subsequent
audit, review or examination by City or City's licensed Florida C.P.A. designee Designa4edby
the eity manage as to materials conveyed,transported or disposed of by such private hauler and
the following information about individual customers served by the hauler within the city:
This requirement shall also apply to persons currently holding a hauling permit and it shall be
deemed unlawful and a violation of this Code to fail to timely make the report required herein
this subsection.
At least once each year, the permittee shall provide the City with an audited financial statement
to demonstrate that the permittee has fully paid the applicable franchise fee and is retaining all
required billing, collection and disposal weight documentation The financial statement shall be
prepared by a licensed independent public accounting firm in accordance with generally accepted
accounting principles. Unless the City instructs the permittee otherwise the permittee shall
deliver the audited financial statement to the City by February 28th following the end of each
permit year. The City may waive the request for permittee to provide the audited financial
statement upon good cause as determined by the City Finance Director in the exercise of
reasonable discretion.
Each month, the permittee shall deliver to the City a true and correct report identifying the gross
revenues collected by the permittee during the previous month for the services provided by the
permittee. Each monthly report shall be submitted on the 15th day of the month following the
end of the quarter. Each monthly payment of the franchise fee shall be accompanied by a true
and accurate report demonstrating that the franchise fee has been paid in full for the precgdiu
calendar month. The monthly report shall set forth the gross revenue billed and collected for the
month: the number of cubic yards or tons disposed at the designated facility(cubic yards may be
converted to tons and tons may be converted to cubic yards by using the conversion factor of one
hundred pounds (100 lbs)per cubic yard); and such other information as the City may from time
to time require.
The permittee shall allow the City or its licensed independent Florida C.P.A. to inspect and
examine the permittee's financial books records billings adjustments collections and disposal
tonnage documentation to confirm the permittee's compliance The permittee shall be solely
responsible for keeping all of the records logs and documents necessary to demonstrate that
3 ORDINANCE#2011-026
permittee has complied with the requirements in this paragraph. The permittee shall maintain
records and a log concerning all collection services the permittee provides each customer in the
City. The records shall be sufficient to calculate the franchise fees which should be remitted to
the City. At a minimum, the records shall identify the following: the date(s) when service(s)
was/were provided, the size and frequency of collection for the containers used by the customer
and the charges for such service. The inspections shall be allowed by the permittee at any time
following reasonable prior written notice, which shall not exceed seven (7) calendar days.
Additionally,the City may communicate directly with customers of the permittee for the purpose
of confirming the permittee's compliance. To the extent authorized by Section 119.165, Florida
Statutes, or other applicable laws,the information obtained by the City shall remain confidential.
If the permittee fails to pay the full amount of the franchisee fee in a timely manner, the City
may declare the permit null and void. "A timely manner", for purposes of the foregoing, means
that at least thirty (30) dgys' advance written notice is sent to the permittee by the City by both
regular and certified mail, return receipt requested. The permittee shall pay any and all of the
City's expenses for the collection of the franchise fees, including but not limited to court costs
and attorney, fees.
The City reserves the right to conduct an audit of permittee's accounts when and if it is
necessary, by a licensed independent Florida C.P.A. as its auditor. Every holder of a
hauling permit agrees to the City's use of a licensed independent Florida C.P.A. as its auditor,
which will be hired by the City to verify the information and calculations that are provided by
the hauling permit holder and used to establish the hauling permit fee. Should the audit reveal an
underpayment of fees greater than two percent (2%) in any year, the cost of the audit shall be
borne by the permit holder.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
jurisdiction held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
4 ORDINANCE#2011-026
Section 5. That this Ordinance shall be in full force and take effect immediately upon
its passage and adoption.
PASSED on first reading on July 12, 2011.
PASSED AND ADOPTED on second reading on August 9, 2011.
ATTEST:
LOUISE S ILSON, CMC PATRICIA A. FLURY
CITY CLERK ' MAYOR
APPROVED AS TO FO AND CORRECTNESS:
THOMA J. SBR
CITY ATTO Y
5 ORDINANCE#2011-026