HomeMy WebLinkAbout03-174
RESOLUTION NO. 03 -174
A RESOLUTION SETTING THE FRANCHISE FEE FOR
NON-EXCLUSIVE SOUD WASTE COLLECTION
SERVICE AGREEMENTS
WHEREAS, on May 11, 1993, the Board of County Commissioners adopted Ordinance
93-16, which required that solid waste generated on residential property in the urban
unincorporated area and solid waste generated on commercial property in the unincorporated
area of the County be collected by a regulated contractor, authorized the execution of non-
exclusive service agreements with regulated contractors for the collection of solid waste and
recyclable materials and provided for the imposition of a franchise fee to compensate the
County for the cost of monitoring the regulated contractors.
WHEREAS, Construction and Demolition Debris does not cause or have the capability
of causing the same harm as some other types of solid waste, it is not necessary to regulate
its collection and disposal to the same extent as other waste, and therefore, Construction and
Demolition Debris shall not be subject to the franchise fee required by this Agreement.
However, all Construction and Demolition Debris shall be required to be disposed of at a
facility licensed by the State of Florida to accept such waste; and
WHEREAS, the Board has determined the franchise fee is necessary to compensate
the County for the cost of its administration, supervision, and inspection services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida the imposition of a franchise fee to compensate the County for the cost
of monitoring regulated contractors shall be as follows:
(A) To compensate the County for the cost of administration, supervision and
inspection rendered for the effective performance of the Non-Exclusive Commercial Solid
Waste and Recyclable Materials Collection Service Agreement, the Contractor, if not
operating as an Owner-Contractor, shall pay to the County a franchise fee equal to four
percent of all gross revenues collected or received from its customers for Solid Waste
Collection Service, and Recyclable Materials Collection Service. For the purposes of
determining the franchise fee due the County, gross revenues shall encompass all fees
charged and collected for Solid Waste Collection Service, and Recyclable Materials Collection
Service, including the disposal fee paid by the Contractor at any Solid Waste Disposal
Facility. No franchise fee shall be due from collection of construction and demolition debris.
-1-
(B) Franchise fees shall be payable monthly in arrears. Any amounts not paid when
due shall earn interest at the same rate provided in Section 55.03, Florida Statutes.
Adjustments to the franchise fees due the County, based upon additional information on the
gross revenues revealed by the reporting requirements in Section 7.10 of the Non-Exclusive
Commercial Solid Waste and Recyclable Materials Collection Service Agreement or otherwise,
shall be made from time to time. Any further amounts which may be due County as a result
of changes or additional information relating to the gross revenues shall be made with the
next month Iy payment.
(C) Contractors that engage in the business of collecting and disposing of
Construction and Demolition Debris shall be required to enter into a non-exclusive agreement,
however no franchise fee shall be charged or collected.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes AYE
Vice Chairman Paula Lewis AYE
Commissioner John Bruhn AYE
Commissioner Frannie Hutchinson AYE
Commissioner Doug Coward AYE
PASSED AND DULY ADOPTED this 12th day of August, 2003.
,t2/"'~ ~t;; ~ BY:
DEPU~LERK
"'...,. '"-'"
'''''~~
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
CORRECT; ESS:
G:\ATlY\RESOL TN\2oo3\03-174,wpd
-2-