HomeMy WebLinkAboutCity of Tamarac Ordinance O-1971-029CITY OF TAMARACK FLORIDA
ORDINANCE NO, ""i 4 -
AN ORDINANCE AWkRDI,NG A FRANCHISE FOR GARBAGE AND
TRASH COLLECTION TO SEACOAST SANITATION LIMITED,
INC.r A FLORIDA CORPORATION; AUTHORIZING AND
DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE
AN AGREEMEN, WITH SUCH COLLECTOR; CONTAINING A
SAVINGS CLAUSE; AND CONNING AN FIVE DATE
WHEREAS, the City desires to provide for the Commercial
businesses of the City of Tamarac an efficient and modern collection
system for the garbage accumulation within the City; and
WHEREAS, the Collector has proposed a method of collection and
disposal of Camiiercial accounts which the Council of the City of
Tamarac deems acceptable and to the general betterment of the
interests of the City, with the additional provision of income to
the City.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION l; That a franchise for collection of garbage and
trash in the City of Tamarac be granted to SEACOAST SANITATION
LIMITED, INC., for a term of one (1) year with the option on the
part of the collector to extend for a second year.
SECTION 2: That the Collector shall not contract with, and
shall not service any residential accounts in the City of Tamarac
and shall avoid the use of primarily residential streets whenever
it may be practicable to use thoroughfares.
SECTION 3; That the Mayor and City Manager are hereby authorized
and directed to execute on behalf of the City of Tamarac that certain
agreement for garbage collection with SEACOAST SANITATION LIMITED,
INC., a copy of which is attached hereto, and made a part hereof as
if set forth in full herein.
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SECTION 4: Should any section or provision of this Ordinance
or any portion thereof, or any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as
a whole or any part hereof, other than the part declared to be
invalid.
SECTION 5. This Ordinance shall be effective immediately
upon its passage.
1971.
1971.
PASSED FIRST READING this I%r y of i 01
PASSED SECOND READING this t'� day of � c `�
PASSED THRID READING this l6 day of w r
1971.
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ATT'IEST :
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I HEREBY CERTIFY that I have
approved the form and correctness
RECORD OF COUNCIL VOTE
Mayor Seltman
Vice Mayor Lame
Councilman Johnson
Councilman Schultz J
Councilman Zarcone
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A G R E E M E N T
THIS AGREEMENT, made and entered into in
duplicate this r day of ^ L,a0E q , A.D., 1971, by and
between the CITY OF TAMARAC, Broward County, Florida, a
municipality organized and existing under the laws of the State
of Florida, hereinafter called the "City"; and SEACOAST
SANITATION LIMITED, INC., a corporation organized and existing
under the laws of the State of Florida, hereinafter called the "Collector. "
WHEREAS, the City desires to provide for the
businesses and/or commercial establishments of the City of
Tamarac an efficient and modern collection system for the
garbage accumulation with the City; and
WHEREAS, the Collector has proposed a method
of collection and disposal which the Council of the City of Tamarac
deems acceptable and to the general betterment of the interests of
the City, with the additional provision of income to the City,
NOW, THEREFORE, in consideration of the covenants
herein contained, it is mutually covenanted and agreed as follows:
1. The City hereby grants unto the Collector, its
successors and assigns, the right and privilege to operate a garbage
and trash collection system in, upon, over and across the present
and future streets, alleys, bridges, easements and other public
places of the City of Tamarac, Broward County, Florida, for the
purpose of collecting garbage and trash of businesses and/or
commercial establishments requiring garbage collection and
existing within the municipal limits of the City.
2. For business and commercial accounts, the rate
charged shall be a matter of negotiation between the Collector and
the customer served, and shall be dependent upon the amount of
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service required by the customer. In such cases, all rates to be
charged shall be subject to arbitration by the Council of the City, in
the event such negotiation between customer and collector fail.
3. The Collector shall bill all customers directly on
an individual basis, which billing shall be on a monthly basis.
4. The Collector agrees to pick up all garbage through
the use of modern packer type trucks and to dispose of the material
collected in an area beyond the limits of the municipality in disposal
sites approved by the governmental agencies having jurisdiction of
the area in which the site is located.
5. The Collector agrees to pay unto the City, in return
for the use of the streets, alleys, bridges, easements and other
ublic places thereof, pursuant to this Agreement, $200.00 per year
or a sum of money equal to ten (10J) per cent of the gross billings
from all accounts served within the limits of the municipality,
whichever is the greater. The aforesaid payments shall be made on
or before the tenth (10th) day of each month beginning
based upon monthly collections.
6. The Collector agrees to permit the City or its
authorized agents to audit or inspect its records respecting the
accounts within the City at any reasonable time.
7. The Collector agrees to maintain liability insurance
on all equipment operated in the City for bodily injury and property
damage in amounts not less than 250, 000/500, 000 Dollars for bodily
injury in any one accident, the former figure for accidents involving
more than one person; and property damage insurance in an amount
of not less than Twenty -Five Thousand Dollars ($25, 000.00) for one
accident. Further, the Collector agrees to provide Workmen's
Compensation Insurance for its employees in the form and amount as
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prescribed by law. The aforesaid liability insurance shall include
a ten (10) day notice of cancellation in favor of the City. The
Collector agrees to furnish to the City a copy of the aforesaid
insurance policies. The City shall be an additional named insured
in such policies.
8. This Agreement shall be binding upon the parties
hereto, their successors and assigns, and shall be for a period of
one (1) year, beginning October 15th, 1971 and ending October 14th, 1972.
9. Collector shall indemnify and save harmless the
City from and against any and all claims, suits, actions, damages, or
causes of action arising during the term of this Agreement, for any
personal injury, loss of life, or damage to property arising directly
or indirectly from its operations pursuant to this Agreement and
from and against all costs, counsel fees, expenses and liabilities
incurred in and about any such claim, the investigation thereof,
or the defense of any action or proceedings brought thereon, and
from and against any orders or judgments which may be entered there-
in. The City shall notify the Collector within ten (10) days of
receipt by the City of any claim, suit or action against the City
arising directly or indirectly from the operations of the Collector
hereunder, for which the City might be entitled to a claim against
the Collector, under the provisions of this Agreement. The Collector
shall also be liable to the City for all costs, expenses, attorneys'
fees and damages which may be incurred or sustained by the City
by reason of the Collector's breach of any of the provisions of
•— this Agreement.
10. This Agreement may not be assigned by the Collector
without the prior approval of the City and in granting or denying such
approval, the City shall be satisfied that the service to be rendered
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