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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. J 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. - 2 - 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