HomeMy WebLinkAboutCity of Tamarac Ordinance O-1974-037This Ordinance was
introduced by
CITY OF TAMARAC, �-7F7�LlORIDA
l ORDINANCE NO. — 37
AN ORDINANCE AUTHORIZING THE FRANCHISING OF
GARBAGE AND TRASH COLLECTORS; REQUIRING THE
PAYMENT OF FRANCHISE FEES TO THE CITY OF
TAMARAC; REGULATING THE ACTIVITIES OF SUCH
COLLECTORS; AND, PROHIBITING THE LICENSING
OF NON -FRANCHISED FIRMS; REPEALING ALL LAWS
IN CONFLICT; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide for the Commercial
businesses of the City an efficient and modern collection system for the
garbage accumulation within the City; and
WHEREAS, it appears that there are one or more persons, firms or
corporations collecting garbage and trash in the City and it is in the best
interest of the health, safety and welfare of the inhabitants of the City to
regulate the activities of such firms through the use of franchise agreements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: No license shall be issued for the collection of
garbage and trash in the City of Tamarac, except pursuant to the provisions
of this Ordinance.
SECTION 2: Any person, firm or corporation desiring to engage in
the business of collecting garbage and trash in the City shall, before com-
mencing in or soliciting such business, enter into franchise agreement with
the City of Tamarac.
provision:
SECTION 3: Such franchise agreements shall contain the following
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 the business and other
enterprises requiring such services within
the municipal limits of the City.
SECTIQN 4: Such franchise agreement shall also contain language
similar to the provisions of the form agreement attached hereto and made a
part hereof by reference.
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I
SECTION 5: Each Collector shall agree to pay unto the City, in
return for the use of the streets, alleys, bridges, easements and other public
places thereof, pursuant to the Agreement, a sum of money equal to ten percent
(10%) of the gross billings from all accounts served within the limits of the
municipality. The aforesaid payments shall be made on or before the tenth
(loth) day of each month beginning the month following issuance of franchise,
based upon monthly collections. Each Collector is also required to provide
a yearly audit. Failure to provide required monthly accountings or yearly
audit shall be grounds for cancellation of franchise and forfeiture of bond
as provided in Paragraph 8.
SECTION 6: That such collector shall not use residential streets of
the City where its accounts can be reasonably serviced through the use of tho-
roughfares.
SECTION 7: That where a person, firm or corporation is engaged through
the use of specialized equipment, exclusively in the collection of waste paper,
cardboard and trash for the purpose of re -cycling such items into useable
materials or products, such firm may be excused from the provisions of this
Ordinance and be granted on occupational license for such purpose upon the filing
of an affidavit that it qualifies for such exception, in a form approved by the
City Attorney, and upon the payment to the City of an annual occupational license
fee in the sum of $200.00 or 10% of the gross billings within the City, which-
ever is greater.
SECTION 8: To guarantee performance by the Collector under the
Agreement, the Collector shall agree to post with the City $2,500.00, in cash,
or the estimated amount of franchise fees for a three (3) month period, which-
ever sum is greater. Such sum may be applied by the City to any default by the
Collector in the performance of the contract. Upon the completion of the term
of the agreement and compliance with all terms and conditions, hereof, Collector
shall be entitled to the return of such deposit.
SECTION 9: The City Manager may grant temporary operating permits for
not more than sixty (60) days from the date of application to enable persons,
firms or corporations doing business in the City to negotiate franchise
agreements as aforesaid.
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SECTION 10: Should any section or provision of this Ordinance
or any portion thereof, or any paragraph, sentence or word 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 11: All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 12: This Ordinance shall become effective immediately upon
its final passage.
PASSED FIRST READING THIS
PASSED SECOND READING THIS
PASSED THIRD READING THIS
1
ATTEST:
CITY ZRK
I HEREBY CERTIFY THAT I have
approved the form and correctness
of this Ordinance.
1
RECORD OF COUNCIL VOTE
Mayor Johnson
Vice Mayor Tucker
Councilwoman Lange
Councilwoman Massaro
Councilman Glicksman
, 1974.
, 1974.
, 1974.
mm
FRANCHISE AGREEMENT
THIS AGREEMENT made and entered into in duplicate,
this day of ,197 by and between the City
of Tamarac, Broward County, Florida, a municipality organized
and existing under the laws of the State of Florida, herein-
after called the "City"; and a corpor-
ation organized and existing under the laws of the State of
Florida, hereinafter called the "Collector".
WHEREAS, the City desires to provide an efficient
method of refuse collection within the limits of the City;
and
WHEREAS, the Collector is desirous of collecting
refuse in accordance with the provisions of Ordinance No.
, City of Tamarac.
NOW, THEREFORE, in consideration of the covenants
herein contained it is mutually 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 the
businesses and other enterprises requiring such services within
the municipal limits of the City.
2. The rate to be charged shall be a matter of
negotiation between the Collector and the customer served and
shall be dependant upon the amount of service required by the customer.
In -such cases, all rates w b� eha ged a l� Abe.subject to.arbitration
by the Council of the City, in the event such negotiation be-
tween customer and Collector fail.
3. The collector shall bill all customers directly on
an individual basis, which billing shall be in advance on a quart-
erly basis unless the customer elects to pay 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 all mater-
ial collected in an area beyond the limits of the municipality in
disposal sites approved by the governmental agencies having juris-
diction 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
public places thereof, pursuant to this Agreement, a sum of money
equal to ten per cent (10%) of the gross billings from all accounts
served within the limits of the municipality. The aforesaid pay-
ments shall be made on or before the tenth (10th) day of each month
beginning , based upon monthly collections.
6. The Collector agrees to provide to the City a month-
ly accounting, as well as a yearly audit, and agrees to permit the
City or its authorized agents to 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 proper-
ty damage in amounts not less than 250,000/500,000 Dollars for bodi-
ly injury in any one accident, the latter figure for accidents in-
volving 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 Work-
ments Compensation Insurance for its employees in the form and a-
mount as prescribed by law. The aforesaid liability insurance
2.
7-1
Li
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. To guarantee performance by the Collector under
this Agreement, the Collector agrees to post with the City
Za.,Da in cash, or the estimated amount of franJq
-
chise fees for a three (3) month period, whichever sum is greater.
Such sum may be applied by the City to any default by the Collector
in the performance of this contract. Upon the completion of the
term of this agreement and compliance with all terms and conditions
hereof, Collector shall be entitled to the :return of such bond.
9. The City reserves the right to terminate this Agree-
ment at any time whenever the service provided by the Collector
fails to meet reasonable standards of the trade, after the City
gives written notice to the Collector of the deficiencies in ser-
vice and the Collector fails to correct the deficiencies as set
forth in the written notice within fourteen (14) days of the re-
ceipt by the Collector of such notice from the City.
10. This Agreement shall be binding upon the parties
hereto, their successors and assigns and shall be for a period of
beginning
and ending
11. 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 Agree-
ment 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,
3.
r..
and from and against any orders or judgments which may be enter-
ed therein, 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 Agree -
meat. 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.
12. 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 by any such assignee shall be equal to or greater than
the service being rendered by the Collector hereunder. No such
assignment shall relieve the Collector of its duties and obliga-
tions under this Agreement.
IN WITNESS WHEREOF, the parties hereto affix their hands
and seals the day and year first above written.
ATTEST:
City Manager
I HEREBY CERTIFY that I
have approved the form
and correctness of this
Agreement.
City Attorney
TI
By
CITY OF TAMARAC
MAYOR
ATTEST:
City Clerk