Item Q01 * 3:00 p.m. Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/17/13 - MAR Department: County Attorney
Bulk Item: Yes No X Staff Contact: Christine Limbert-Barrows 292-3470
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending
Section 21-71 of the Monroe County Code extending the allowable term of solid waste collection
agreements from five years to ten years.
ITEM BACKGROUND On August 21, 2013, the Board of County Commissioners was briefed at its
regular meeting on the various Monroe County solid waste contracts and was advised that the current
industry standard for solid waste contracts is for long-term agreements that exceed five years, but
Section 21-71(c) of the Monroe County Code currently limits collection agreements to a term of five
years. In order for future solid waste collection agreements to be consistent with the current industry
standard, a code amendment is needed. This ordinance will replace "five" with "ten", so that the
ordinance will read that"each collection agreement shall not exceed a term of ten years..."
PREVIOUS RELEVANT BOCC ACTION:
10/31/1989 Ordinance 033-1989 was approved.
8/21/2013 the Board directed staff to draft proposed changes to Code.
9/4/2013 BOCC scheduled public hearing for 3:00 p.m. on 9/17/13 in Marathon, FL
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: Advertising Cost BUDGETED: Yes No_Cost BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
ORDINANCE -2013
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING
SECTION 21-71 OF THE MONROE COUNTY CODE;
EXTENDING THE ALLOWABLE TERM OF SOLID
WASTE COLLECTION AGREEMENTS FROM FIVE
YEARS TO TEN YEARS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 21, 2013, the Board of County Commissioners was briefed at its
regular meeting on the various Monroe County solid waste contracts; and
WHEREAS,The BOCC was advised that the current industry standard is for long-term solid
waste agreements; and
WHEREAS, Monroe County Code Section 21-71(c) currently limits collection agreements
to a term of five years; and
WHEREAS, in proceeding with future solid waste collection agreements, by negotiation or
solicitation, the BOCC wishes to have the option to enter into a long-term agreement on the
various franchise collection agreements; and
WHEREAS, the BOCC directed staff to amend the Monroe County Code Section 21-71(c)
to allow for a ten year term on franchise collection agreements;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1: Section 21-71(c) shall be amended to read as follows:
(c) The board may award as many collection agreements as are necessary to provide,
in the board's sole determination, effective and efficient solid waste collection
services. Each collection agreement shall not exceed a term of€rve ten years and
shall contain the following:
(1) The name and address of the person who will provide the collection
services;
(2) A description of the service area within which the person will provide
such collection services;
1
(3) A description of the services to be provided within the service area;
(4) The length of the agreement;
(5) All standards, regulations or restrictions that shall govern the collection
services within the service area; and
(6) The amount and method of payment to be provided for the performance of
services under the collection agreement.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the th day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
2 APPRZOED AS TOFORM:
01
CHRISTINE M. LIMBERT-BARROWS
ASS ISTA COUNTY ATTORNEY
Date
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