HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-0311
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
01
AN ORDINANCE GRANTING A FRANCHISE FOR COLLEC'.CION
FOR NEWSPAPERS TO DURBIN PAPER CORP. PROVIDING THAT
THIS IS A NON EXCLUSIVE FRANCHISE; PRDVIDING FOR
TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING
FOR TERMINATION OF SAID FRANCHISE; AUTHORIZING
EXECUTION OF CCNTRAGT WITH FRANCHISEE; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHERF,AS, recycling of newspapers benefits society by reducing
the total amount of paper which must be obtained directly through cutting down of
trees, and
WHEREAS, recycling of newspapers will reduce the quantity of
garbage generated by residents of the City of Tamarac, and thereby reduce the de-
mands upon the Broward County Landfills, and
G,hRMMAS, a program of recycling newspapers will bring added
revenues to the City which may ultimately be a tool in reduction of or maintenance
of status quo of taxes.
OF TAMARAC, FLORIDA:
NOW, SORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
SECTION'l: That a non exclusive franchise for the collection
of newspapers is hereby granted to Durbin Paper Corp.
SECTION 2: The appropriate city officials are hereby authori
to enter into a contract in essentially the form as is attached hereto as Exhibit
"l" and which is hereby made a part of this ordinance as if set forth verbatim
herein.
SECTION 3: The term of the franchise shall be one year from
date of execution of the contract, and said agreenxbt made thereafter be extended b
written consent of the parties for such additional periods as are specified in such
consent without further modification of this ordinance provided there are no
material modifications to the contract itself.
The Contract may also be terminated by the City at any tinge
i whenever the service provided by the franchisees fails to meet reasonable standards
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of the garbage collection trade, after the City has given written notice to the
franchisees of the deficiences in service and the franchisees have failed to correct
the deficiencies as set forth in the written notice within 14 days of receipt by the
franchisees of such notice frcrn the City.
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SECTION 4: Should any section or provision of this ordinance or
any portion hereof 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 herof as a whole or any part hereof other than the part declared to be
invalid.
SECTION 5: A41 ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict.
SECTION 6: This ordinance shall become effective upon its
final passage.
PASSED FIRST READING THIS _Z _ day of _ 1982
PASSED SECOND READING THIS t-?jday of 1982.
MINIMS
,CITY CLERK
Fq
L,-A
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I HEREBY CERTIFY that I have approved
the form and porrectness of this MAYOR:
ORDINANCE• DISTRICT
DISTRICT
DISTRICT
,..T., ., DISTRICT
-2-
OR
RECORD OF COUNCIL VOTE
CONTRACT
THIS AGREEMENT, made this day of
1982,
between the CITY OF TAMARAC, a municipal corporation of the State of Florida
(hereinafter referred to as "Seller"), and DURBIN PAPER STOCK COMPANY, INC., a
Florida Corporation, (hereinafter referred to as "Buyer").
WHEREAS, Seller desires to sell salvageable newspaper collected
through its efforts and Buyer is willing to purchase such salvageable newspaper
and guarantee certain performance and payment obligation for such
collection.
NOW, THEREFORE, for and in consideration of the mutual covenants and
understandings contained herein, and of other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Purchase and Sale. Buyer shall purchase from Seller and Seller
shall sell to Buyer salvageable newspaper meeting the specifications set forth
in Section 6 hereof that is collected in Tamarac by Buyer or any person, firm or
other entity acting on behalf of Buyer.
2. Pick Up and Delivery. Seller shall allow Buyer to make pick ups
at each individual home, condominium building, hotels and other areas elected by
Seller at street level, and Buyer shall make pick ups at least once per week on
a designated day at designated areas. In the event Seller has issued more than
one Franchise, Buyer shall be required to coordinate pickups with all other
Buyers issued franchises. Failure to coordinate pickups satisfactorily shall
leave the determination of territories to the City Manager who shall consider
past performance, available pickup days and such other factors as he deems
appropriate in making his decision.
3. Weighing. Buyer shall provide Seller with a method acceptable to
Seller for an automatic state certified scale and all necessary facilities for
determining the net weights of the salvageable newspaper. Upon delivery of the
salvageable newspaper to a Plant, Buyer shall have issued to Seller a numbered
receipt, signed by Buyer's employee, and by an agent of the plant accepting the
newspaper showing the net weight of the salvageable newspaper.
4. Purchase Price. The purchase prices for all salvageable newspaper
purchased and sold hereunder shall be determined as follows:
4.1 Buyer shall pay to Seller, for all salvageable newspaper
collected by Buyer pursuant to this Areement, a percentage of the price per ton
of the published price per ton for "#1 News" for the Southeast area as shown in
the Official Board Markets (the "Yellow Sheet") published by Magazines for
Industry, Inc., which shall be no less than Eighteen ($18.0o) Dollars per ton.
The percentage of the published price of newspaprs paid to Seller shall be 10%
if the price is $50.99 per ton or less, and 15% if the price of newspapers is
$51.00 per ton or more.
4.2 It is understood by the parties that the Yellow Sheet is
published weekly and that the purchase price for the salvegeable newspaper sold
in any calendar month will be determined by reference to the price quoted in the
second weekly edition (as determined by reference to the issue date printed on
the cover page of the Yellow Sheet) of the calendar month in which the
salvageable newspaper was delivered. If more than one such price is published,
the average of the published prices shall apply. If no second weekly edition of
the Yellow Sheet is published in any calendar month, the first edition published
in such month shall be used in determining the purchase price for said month.
5. Payment of Purchase Price. Within twenty (20)days after the end
of each calendar month, Buyer shall determine the total net weight of all
salvageable newspaper received by it from Seller during such preceeding month.
Buyer shall calculate the sums due Seller for the previous month and shall remit
said sums to Seller on or before the Thirtieth (30th) day of the calendar
month.
6. S e� cifications. For the purposes of this Agreement, "Salvageable
Newspaper" shall mean old newspapers, including the normal percentage of
rotogravure and colored sections; collected and handled separately from
regularly collected City solid waste and packed loose as received, tied in
twine, in paper bags or in corrugated boxes. No papers of other kinds shall be
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included (and Buyer shall not be obligated to pay therefor). Moisture content
shall be no more than eight (8%) percent (determined by a water hydrometer
device). However, Buyer shall be obligated to collect all salvageable newspaper
regardless of moisture content that is properly placed for collection.
7. Term. The initial term of this Agreement shall be one (1) year
from the date hereof. This Agreement may thereafter be extended, by the written
consent of the parties, for such additional periods as are specified in such
consent.
8. Assignment. This Agreement shall not be assigned by either party
without the prior written consent of the other party. In the event Buyer's
corporation or its assets are sold, Seller may cancel this Agreement.
9. Title to Salvageable Newspaper; Risk of Loss. Buyer shall assume
title to and risk of loss for all newspaper to be transferred pursuant to the
Agreement upon pickup.
10. Buyer's Agent Unless otherwise expressly provided herein, all
references to Buyer shall be deemed to include Buyer's agent, if any. Said
agent shall act on behalf of Buyer in fulfilling Buyer's obligations hereunder
r. and shall accept Seller's performance on behalf of Buyer. The foregoing
notwithstanding, said agent shall not have the authority to modify this
Agreement or to waive any requirements established hereby, and no such action
shall be binding upon Buyer.
11. Assistance. Upon the request of Seller, Buyer will provide
reasonable assistance to Seller in the establishment and operation of a waste
newspaper collection program.
12. Miscellaneous.
12.1 Governing Law. This Agreement shall be interpreted in
accordance with the laws of the State of Florida.
12.2 Insurance. Buyer shall provide, pay for, and maintain in
force at all times during the term of service, liability insurance on all
operations and equipment used in the City, and Workmen's Compensation insurance
for its employees; such insurance policy or policies shall be issued by
companies approved and authorized to do business in the State of Florida and
shall contain as a minimum, the following provisions and limits of liability:
3.
-'t
Bodily injury and property damage in amounts not less than
One Hundred Thousand Dollars ($100,000) Primary limits - Two
Hundred Thousand Dollars ($200,000) Excess for each
occurrence for each injury. The City shall be named as an
additional insured.
Prior to the effective date of the Franchise permitting Buyer to collect
newspapers pursuant to Seller's regulations, the Buyer shall furnish the City
with a Certificate of Insurance as aforesaid policies with at least thirty (30)
days notification in favor of the City in the event of termination of coverage
or cancellation.
12.3 Other Conditions
a) The Seller reserves the right to terminate the contract
at any time whenever the service provided by the Buyer or its agent
has failed to meet reasonable standards of the trade, after the
City has given written notice to the Buyer of the deficiencies in
service and the Buyer has failed to correct the deficiencies as set
forth in the written notice within fourteen (14) days of the
receipt by the Buyer of such notice from the City.
b) Any change in the regularly scheduled pickup service
because of a holiday shall first be presented to the City Manager
for approval in time to give sufficient notice to customers of such
change. Buyer will be responsible for providing sufficient notice
of any change in pickup schedule to its customers.
c) Buyer shall keep records of all newspapers collected and
shall make payments to Seller. Furthermore, Buyer agrees to accept
for recycling all newspapers collected by it pursuant to the terms
of this contract, regardless of market conditions at prices set
forth herein.
12.4 Notices. Al notices to be sent to or communicated to a
party shall be in writing, addressed to such party at its address as hereinafter
set forth or at such other address as it shall designate for the purpose by
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written notice to the other party and shall be deemed to have effectively been
given to such other party three (3) days after it shall have been deposited in
the United States mail, certified, return receipt requested, appropriately
addressed with postage prepaid.
TO SELLER: CITY OF TAMARAC
5811 Northwest 88th Avenue
Tamarac, Florida 33321
TO BUYER: DURBIN PAPER STOCK COMPANY, INC.
810 N.W. 13th Avenue
Pompano Beach, Florida
IN WITNESS WHEREOF, the parties have caused this Agreement executed on
their respective behalf s by their duly -authorized representatives the day and
year first above written.
ATTEST:
ATTEST:
ATTEST:
.'t
7
CITY OF TAMARAC
Y
_4j MANT!�R
DURBIN PAPER STOCK COMPANY, INC.
By
5.
i
i
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments, personally
appeared , to me known and known to me to be the person
who executed eforego! ng instrument, and he acknowledged before me that he
executed the same.
WITNESS my hand and official seal in the State and County last
aforesaid, this
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments, personally
appeared , to me known and known to me to be the person
who execute the oregoing instrument, and he acknowledged before me that he
executed the same.
WITNESS my hand and official seal in the State and County last
aforesaid, this
01111JIMM2111-14 1.110010
My Commission Expires:
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments, personally
appeared of DURBIN PAPER STOCK COMPANY, INC., well known
to me to be the of DURBIN PAPER STOCK COMPANY, INC., who
acknowledged before me at he executed the same as the act and deed for the
said Corporation for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County last
aforesaid, this
My Commission Expires:
m
CITY OF TAMARAC , bj,
Y�"31
CITY MANAGER
INTEROFFICE MEMORANDUM
M e m o To: Carol Evans, Assistant City Clerk
From. Laura Z. 5tuurmans, City Manager
Date: June 4, 1982
Subject: Durbin Newspaper Franchise
Reference:
After Council's enactment of the Temporary Ordinance to grant the
above franchise, it was learned that Durbin cannot fulfill its
obligations thereunder and will not sign the retyped agreement.
Acting City Attorney Alan Ruf has verbally advised (and I must
concur) that it would be a wasted effort to pursue. Other
arrangements are underway now for the collection program through
another contractor.
You may attach this memo to your file to close the record.
LZS:ec
cc: Councilman Disraelly
FA
3„
CITY OF TAMARAC
CITY MANAGER
INTER -OFFICE MEMORANDUM
M e m o To: Alan Ruf, Acting City Attorney
From: Laura Z. Stuurmans, City Manag
Date: May 6, 1982
Subject: NEWSPAPER COLLECTION AGREEMENT
Reference:
As we have advised you, the City was notified, prior
to second reading action, that Durbin Paper had "lost"
the services of the individual with whom they had ar-
ranged for newspaper collection in Tamarac. Other
persons were contacted by Durbin, but their attempts
were unsuccessful. With the hope that they would still
be able to procure someone to carry out the commitment
they had made to us verbally, and had signed to informal-
ly, prior to Council's official action, C/M Disraelly and
I recommended Council's enactment of our ordinance at the
last regular meeting. The Assistant City Clerk has pre-
sented to me a retyped original of the Durbin contract.
The Mayor and I have signed it. It requires the signature
of Durbin's representative, who at this time cannot commit
that his firm will be able to provide the required news-
paper collection services.
The Assistant City Clerk has asked me for direction. I
would appreciate your guidance in this matter, regarding
the question of completion of the signing process, and
what remedy, if any, will be provided to the City, in the
event Durbin fails to make arrangements for a newspaper
collection.
LZS:mr
• cc: ;Councilman Disraelly
1/Carol Evans
Original Agreement returned to City Clerk