Annual franchise fees; franchise fees

(a)

Commencing October 1 of every new fiscal year, each and every franchisee shall pay an annual permit per account fee of $75.00, payable in October and prorated as provided by the schedule below for the first year only, for each account that was acquired or maintained through the fiscal year for purposes of providing commercial solid waste services. EXPAND Month of Applicable Fee October $75.00 November 68.75 December 62.50 January 56.25 February 50.00 March 43.75 April 37.50 May 31.25 June 25.00 July 18.75 August 12.50 September 6.25

(b)

Beginning October 8, 2009, each and every franchisee shall pay an annual franchise fee by October 1 each year of the franchise term (and of any extension thereof) in the amount of $7,500.00, with such franchise fee being increased by $500.00 per year beginning October 1, 2010. Failure to remit the required annual franchise fee by the due date shall result in a one and one-half percent penalty per month on the balance due.

(c)

Beginning October 8, 2009, each and every franchisee whose primary business is limited to solid waste that requires special handling and management shall pay an annual specialized waste handling permit fee by October 1 each year of the franchise term (and of any extension thereof) in the amount of $3,500.00 for the right to provide only specialized waste handling services within the city limits. If a franchisee is providing only specialized waste handling services within the city, then annual franchise fee will increase by $500.00 per year beginning October 1, 2010. Failure to remit the required annual franchise fee by the due date shall result in a one and one-half percent penalty per month on the balance due.

(d)

Beginning October 1, 2015, each and every franchisee shall pay the city a $500.00 safety inspection fee if a franchisee's vehicle(s) or equipment is believed to be defective, inoperable, substandard, or potentially unsafe as determined by the director of solid waste. This is a regulatory fee as referenced in F.S. § 166.221. This fee is for the municipal inspection of the vehicles being used by franchisee within the city. The applicable vehicles are those operated by franchisee within the city boundaries. The vehicles will include, but are not limited to, roll-offs, grapple trucks, front and rear end loaders, vactor trucks, dump trucks, trailers, and any other vehicles used for business, collection and disposal of any debris by the franchisee.

(e)

Certified recovered materials dealers excluded from local franchise requirements pursuant to F.S. § 403.7046 shall be required to submit an annual registration form and pay a $100.00 registration fee per year beginning October 1st, 2015, to the city for an annual period which will begin October 1st and end September 30th of the following year. (See certified recovered materials dealer registration form).

(f)

The franchise fee may be amended or adjusted from time to time. Any monthly percentage of gross receipts payable, as amended, or adjusted, will automatically apply to the franchise agreement. The city and franchisee will promptly execute any addendum or amendment recognizing the franchisee's obligation to pay such adjusted or amended fee as of the effective date of such amendment. If the franchisee fails to pay the adjusted franchise fee, or fails to comply with any addendum or amendment to the franchise agreement, the franchisee shall be deemed in default of the franchise agreement.

(Ord. No. 10128, § 1, 7-10-86; Ord. No. 10440, § 3, 5-19-88; Code 1980, § 22-18.4; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord. No. 12835, § 2, 10-12-06; Ord. No. 13108, § 5, 10-8-09; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13316, § 2, 3-8-12; Ord. No. 13531, § 2, 7-9-15; Ord. No. 13693, § 2, 7-13-17)

Editor's note— Ord. No. 13316, § 2, adopted March 8, 2012, changed the title of section 22-50 from "Franchise fees; permit per account fee(s); annual franchise fee; annual specialized waste handling fee; annual safety inspection fee(s)" to "Franchise fees." The historical notation has been preserved for reference purposes.