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Home My Public Portal About18-15 GARBAGE AND TRASH PRIVATE NONRESIDENTIAL COLLECTION 1st Reading: July 25, 2018 2nd Reading: September 26, 2018 Public Hearings: July 25,2018 and September 26, 2018 Adopted: September 26, 2018 Effective Date: September 26, 2018 Sponsor: Acting City Manager ORDINANCE NO. 18-15 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA; AMENDING CHAPTER 11 - GARBAGE AND TRASH, ARTICLE III — PRIVATE NONRESIDENTIAL COLLECTION, SECTION 11-65 — FRANCHISE REQUIRED; RELATIVE RIGHTS OF FRANCHISEE AND CITY OF THE CODE OF ORDINANCES OF THE CITY OPA-LOCKA, FLORIDA TO ALLOW THE CITY OF OPA- LOCKA TO ISSUE MULTIPLE FRANCHISE AGREEMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, under the provisions of the Code of Ordinances of the City of Opa-locka, Florida ("Code") the City is only authorized to issue an exclusive franchise agreement; and, WHEREAS, allowing the City of Opa-locka ("City") to issue multiple franchise agreements will provide better service and prices to businesses within the City; and WHEREAS, the Commission of the City of Opa-Locka finds that it is in the best interest of the City of Opa-locka to permit multiple franchises to provide cost-effective commercial solid waste collection and disposal services that will meet the unique needs of the City. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: SECTION 1. RECITALS The recitals to the preamble herein are incorporated by reference. SECTION 2. ADOPTION That Chapter 11 - Garbage and Trash, Article III — Private Nonresidential Collection, Section 11-65 — Franchise Required; Relative Rights of Franchisee and City of the Code of Ordinances is amended by the addition of the following language: (a) The city shall issue an may issue multiple franchise agreements to engage in commercial solid waste service, provided that applicants for said franchise agreements shall, in the judgment of the city commission, be qualified to serve in such capacity, and further provided that said applicants for said franchises shall meet the specifications set forth in this article as a condition for the issuance of said franchise agreements, and such other specifications and requirements as the city commission may from time to time promulgate. The city retains all of the powers of Ordinance No. 18-15 a municipality of the State of Florida, for the exercise of its police power governing the health and welfare of its citizens for the purpose of reviewing the services rendered to the commercial, multifamily and nonresidential accounts, the maintenance of rate schedules, method employed for the accumulation and removal of waste, and the imposition of penalties for failure to render service to particular commercial accounts or the violation of the provisions of this Code. (b) The city manager or designee shall, with the successful applicants, have the power to establish the type, frequency and amount of solid waste collection service needed and to be rendered to all areas of the city and to promulgate rules and regulations not inconsistent herewith. Further, the city manager or designee, along with the franchisee, is authorized to implement the terms of the franchise so that questions of use of public streets, problems of access to customers for service which might arise from time to time, complaints, if any, and other questions can be justly and expeditiously resolved. The city shall provide means of egress and ingress to points to be collected by the franchisee and require the cooperation of its citizenry and commercial establishments in implementing the services provided by this article. (c) The franchisees shall not be authorized to assign it their licenses or subcontract any portion thereof without the specific written consent of the city. (d) The city shall determine the monthly rate schedule for service of all accounts in the city and said rates shall be binding, upon mutually consent, with the franchisees. The rate schedule shall be subject to review once a year at each anniversary date of the franchise agreements. The franchisees may petition the city commission for a change in the scheduled rates and shall submit proper proof and substantiation to the city commission which, in its discretion, may amend the schedule of the rates applicable to the franchisees. (e) The city manager, or franchisees, shall be assigned the responsibility for enforcement of commercial solid waste collection procedures enumerated herein. SECTION 3. SEVERABILTY If any clause, section, or other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or application of this Ordinance. SECTION 4. CONFLICT All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, are hereby repealed. SECTION 5. CODIFICATION This Ordinance shall be codified in the Code of Ordinances when the code is recodified. SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re- Ordinance No. 18-15 codified copy of same with the City Clerk. SECTION 7. LIBERAL CONSTRUCTION. The terms and provisions of this Ordinance shall be liberally construed to affect the purpose for which it is adopted. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon the adoption of this Ordinance by the Commission of the City of Opa-locka and is subject to the approval of the Governor or his designee. This ordinance was moved for adoption by Vice Mayor Kelley. The motion was seconded by Commissioner Pigatt, and upon being put to a vote, the motion passed by a 5-0 vote: Commissioner Holmes YES Commissioner Pigatt YES Commissioner Riley YES Vice Mayor Kelley YES Mayor Taylor YES PASSED AND ADOPTED this 26th day of September, 2018. .� • MYRA". ' YLOR, MAYOR Attest to: Approved as to form and legal sufficiency: I 5/4QA.1\' /\ A.5 "/ .0) Joan g Flores Th r i aw Group, LLC City I�erk , ty Attorney The Miami Herald I Sunday, September 02, 2018 I Nbrs—North West- Doral - Miami Sp... Page 1 of 1 SUNDAY IHRA D.CDMR1HnB I NEIGHBORS 19NW OP N'� Mi"R l 4". 32h ,.. e, /. Pi u i ` NOTICE TO TNf Plkl It �u'.tlI . r N F Yt, .� `� ..., 7, N 111 I Is Ht RI ill GIVEN that du,C,)-C - t4 the(n OI I Ronda 11 F ld Lro:',°...�'' k public h t L Regular C Stet's R d d S pt. be i 018 m r,p, at co ',,I9P'I t r tom, the Sh.b 1 V l 4 h1 t o Is Pr %en R Is On an,„ P,raa Avenue Opa haka 0 a d,tc. at F 4 A. '" ,i ..a,,nu I" m the WIl p propose x-y: wM1 ., .. � :, ,• ,lee(.),.0 I/Ill.II?i\(,0141/1\ANl 1'S4'L tilt BLARING: AN ORDIN ANGI OF THE C 1 n('OSIAIISM,)t OF 777E CI FS 01 OPA-I_L)CES.I I(IRMA. t 15 ASIENDINC::1111.CIP.A.IO(Kt CODE OF ORDINANCES.CHAPTER 21 MATER.SEMI R AND 510111 wAll R LTIL11 II S SE.C'IICM 21.77 SCl/I DL'LF ON RA I'GENERA).1.i; PRO%II MING 101 INCORPORAI ION 01 RF.('II Ai.S PROVIDING FOR .ADOP ZION IS sill s it PROVIDING FOR Al7H(IRIR PROV IDING i0R(OilI I(AEl(I.N:PROVIDING A FOR SCRIVENER'S ERRS/RS PROVIDING FOR CONFLICT:PROVIDING FOR LIBERAL ' a; y ar,i � C'ONSlltt17TIOA PROVIDING I OR STN FRAtt11 I I1.AND PROV 11)INI.FOR AN IIFI'CFIVI MO , II T `' ,'x ,"" A DA11 , rc,n, epxhhe het.rs held or Jury,12t,lb1. -sure imwaz AN ORD105MT OF Till CIT1 COR15115S10'OF THE CITY OP OP5.1(II K,S,1.7.051115. Boys&Girls Clubs of Miami-Dade held its fourth annual Alumni Reunion&Nall of Fame ,AMENDING CHAPI 1.12 22.ART ICI 17,SECTION 22-Il •REGLI.5TlONS I'OR PARKING, Induction at Marlins Park Aug 25.This years inductees are,from left Larry Rentz, `)'TILE OR Kiii'IN IPA-LOCKS ll'RCI:Ai.('I ORDINANCES:1.LS.aI IA IN IIt'..SES.'fRA1LF.R5 AND III ('KS accepting for his late brother Cad Rentz;Gerald Tinker; OF THE Cllr OI ,Ii•A-LOCKS CODE 01 1 "I PROVIDING FOR THE RIPEST P ng Serge Martinez;Paul George; OF ALL ORDINANCES IN 1'00I9 ICE IIE111 a THE PROVIDING FOR SI A'EP APR.1-TV, Layne Jackson;and George Nowicki. PROVIDING FOR 11(1t 010N 10 THE CODE:PRO',IDIN(.FOR AN F11 Ix711 I Ill Fl a,,, , .,r,,-a-a,held on hill l 1.201St. grams that include the arts, mural project that's like a AN ORDINANCE of THE CITY COMMISSION OF THE Cllr OF OP1-1:OCKA, MAYO r'obotics,fllrnntaking,cod- giant coloring book spoil- FLORIDA,AMENDING CHAPTER II-GAMINS:1 AND FRASH. 55 1(LE 111-PRIV Ili big and sports programs to sored by The Motivational NONRESIDEN11A1(0l.1.EC I ION. ti CITON 11-15-I It ANt.HISS REQUIRED;RLI.AT IS I; help children stay focused Edge;and elaborately cos- RIGHTS OF I R A\CHIMI:AND 111E CODE OF ORDTN ANCTS OF 111E CITY OPS•IOCIs:A, ON and Ht. turned and Candval-late 11 ORION.TO.hi I. A '1111 I Ill'OF 0PA-I,OCK:A 10 ISSUE NIL I,71I'I.F,FRAN(HIM-: trouble,go to miami "It's difficult[obe y stilt walkers. A(.111 1 Nil.NIS;REP'U,ING,Aid.ORDINANCES IN(00 11(1 HFRESSITII;PROS-IDI.NG FOR SF',FOSSI1.111',EP OVIfI:NG FOR AN EFET,C1IVE DA'Tr:r firs,r;,larplpuhh;he mert,Ott Id bridge.org/need-help or parent,but you're not Returning will he a pop- on Juts 2',2di y;, call 305-635-8953.The alone out there,"said Chil- up planetarium,bounce phone line is open for help dren's Trust President and houses and a rock-climbing 24 hours a day,seven days CEO James Hai ltu a re- wall,arts and crafts activ- 5'S ORDI NA NCI 01 Till ('aTA'COSI%1u51ON OF THE I ITS 01 OPMIACKA-FLORIDA. a week. lease."There are services ities,kid-friendly Zumba AND LADING(11t19ER 2 A I"SILNISIRA THIN. OITIU,E VI IR:'RCITASING.01(4770",2122 and providers throughout classes,fencing and robot- OF F OE CITY PROPI'R I",to ORTH 1 Ai 0 Ht NORED AND FIFT)-0011 4RS tS_50 tto OR 1 ESS FREE FAMILY EXPO this community to het ICs demonstrations,story- OF THl i in OF(IPA-LOCK l CODE OF ORDINA1VI'sl.PROS 114 SEA FOR RFPEAI.OF.ALL p ry- ORmNA\CIS IN COW!Ill HISRFV)ITH.PROVIDINI FOR SEA LRAR111I1s,PROVIDING Hundreds of service with all aspects of raising book character meet-and- FOR IN(1 1`,loN IN 1 ill coin PROA Du NG FOR AN I!1 i C,IN F 115 I I..firs rtztdde,Turi, organizations will be avail- children and building greets,and face painters heart„..,,•22•'a,ran 2,115.. able to parents and stu- stronger families,and this and balloon artists. dents at the annual Family is the place where you'll Raffles will be held Expo,hosted by The Chil- find them." throughout the day and Additonai it:fin/hat, the ahn,den, a be ttttabled trt the loth,ot th c Is Clerk so 1:t dren's Trust,10 a.m.to S New for 2018 are the kids who get there when Sires e.s Floor.Oprald.-1.,.F1r;d All Inter,steel pets,ma_,,ardour:aged II,311,d Iht,,ner ni„.,,sell,be p.m.Saturday,Sept.8,at University of Miami's Pe- the doors open will receive load' a'a,.p<1't t::me p,hr,;:aead,- the Miami-Dade County diatric Mobile Clinic, a free backpack from The In a<,A',rd::;e b;a me,air[ n,with.D;,aban:,'s an of 14W. needing, t «,a,tnt,da ,:. Fair&Expo Center.Enter which will administer med- Children's Trust. p" k Pe t‘i parthordit th the , should , s, Office of , CS} m Clerk at tma 453-2000 fn, on Coral Way at Southwest ical screenings to kids;a Sign language interpret- u„ later than,e"a t;,aa,s poor to;he pnkecdmf D Ixa,;n;.;mpa,ad.No av te;eTa,a.:r 109th and 112th avenues. mobile arcade;a teddy em will be on site.Food the Il do Relay Saralee a,,8155),-55-0?I(my I,,slw:4,5-8770,1,,,,:,,s ) 55 a.-n,Sp ,br rn Admission,parking,and bear clinic sponsored by and beverages will be ("r 95'-*707 1:,1,11,2' all activities and entertain- Jackson Health System available for sale.For more went are free. "where kids can use ban- information,visit et RSIANl TO 1.5 5,.01'13:Aroorne Ow de,lrer to app.!adv di,rstor n, I t,am board The fun-filled family dages and bear hugs to thechildrenstrust.org. "'„,,m1.,.;,,, at tf -dm.mad,r tbodtacrrd ) 0 to hrdrirg Il ill bred a reb,rd tr Ott event was created to col- make their plush charges nr�' a a r d �, .n, a r r/ p „„;n0 „nrae, nh,h r,., a.,+ ,.-,Me e.tam II Ind∎.du p ar a,beb nect parents to a wide all better”;a living,breath- Ify ou have news for this -”"°' •" ttbrd range of services available ing"statue"of Alice in returns,please send it to JOANNA FI..C)RES,C'1tC' n for their children.Parents Wonderland's Queen of Christina Mayo at will be introduced to after- Hearts;a three-piece,in- chriatinananayoQgmail CITY CI.I:IlK school enrichment pro- teractive,paint-by-number .com. http://digital.olivesoftware.com/olive/APA/MiamiHerald/Print.Page.aspx?href=TMH%2F20,,. 9/5/2018