HomeMy WebLinkAboutCity of Tamarac Ordinance O-1983-011Introduced by:_ Temp. #1026
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. ,,�—�,�
AN ORDINANCE;;AUTHORIZING THE ENTRANCE INTO A
NON--EXCLUSIV9 FRANCHISE AGREEMENT BETWEEN THE
CITY OF TAMAFAC AND INDUSTRIAL WASTE SERVICES, INC.
FOR COMMERCIAL GARBAGE AND TRASH COLLECTION;
SETTING FORTH TERMS AND CONDITIONS OF SAID
FRANCHISE; PROVIDING FOR NON SEVERABILITY
OF INVALID PROVISIONS; AND PROVIDING AN EF-
FECTIVE DATE-,
WHEREAS, the Ci.ty�of Tamarac is authorized to enter into
franchise agreements with garbage and trash collectors; and
WHEREAS, the City Council wishes to grant a non-exclusive
franchise to Industrial Waste Services, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That.a non exclusive franchise for collection
of garbage and trash is granted to industrial'Waste Services, Inc.
subject to the terms and conditions attached hereto and made a
part hereof as Exhibit "A" for a term to expire on April 30,
1984.
SECTION 2: Collector shall maintain all dumpsters that
it services. Collector shall comply with all applicable muni-
cipal, county and state laws, ordinances and regulations.
SECTION 3: Should any paragraph, sentence or word be
declared by a Court of competent jurisdiction to be invalid,
this shall constitute a repeal of this ordinance.
SECTION 4: This ordinance shall become effective upon
its final passage.
PASSED FIRST READING THISZ;��day of 1983
PASSED SECOND READING THIS g7-Z6day of 1983
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ATTEST:
AtiSSISTA 1T CITY CLERK
RECORD OF COUNCIL VOTE I
I HEREBY CERTI that I have approved MAYOR._
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ttod rrectness of this ORDINANCIDISTRICT 1:
f� r DISTRICT 2:
Ci ney DISTRICT 3;
DISTRICT 4:
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EXHIBIT A
TERMS AND CONDITIONS OF GARBAGE FRANCHISE
1. The City hereby grants unto the Collector,
the right and privilege to operate a garbage and trash collec-
tion 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.
Z. Collector shall maintain all dumpsters that
it services.
3. Collector shall comply with all applicable
municipal, county and state laws, ordinances and regulations.
4. The rate to be charged shall be a matter of
negotiation between the Collector and the customer served and
shall be dependent upon the amount of service required by the
customer. in such cases, all rates to be charged shall be sub-
ject to arbitration by the Council of the City, in the event such
negotiation between customer and Collector fail.
5. The Collector shall bill all customers
directly on an individual basis, which billing shall be in advance
on a quarterly basis unless the customer elects to pay on a
monthly basis.
6. The Collector shall pick up all garbage through
the use of modern packer type trucks and to dispose of all
material collected in an area beyond the limits of the municipal-
ity in disposal sites approved by the governmental agencies having
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jurisdiction of the area in which the site is located.
7. The Collector shall pay unto the City, in
return for the use of the streets, alleys, bridges, easements
and other public places thereof, pursuant to this Franchise, 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 following acceptance of this Franchise
by the Collector.
8. The Collector shall provide to the City a
monthly accounting, as well as a yearly audit, certified by an
officer of the company and notarized, and shall permit the City
or its authorized agents to inspect its records respecting the
accounts within the City at any reasonable time.
9. The Collector shall maintain liability insur-
ance 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 latter 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 shall provide Workmen's Compensation Insurance for its
employees in the form and amount as prescribed by law. The afore-
said liability insurance shall include a ten (10) day notice of
cancellation in favor of the City. The Collector shall furnish
to the City a copy of the aforesaid insurance policies upon
request. The City shall be an additional named insured in such
policies.
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10. To guarantee performance by the Collector
under this Franchise, the Collector shall post with the City
$2,500.00 in cash, or the estimated amount of franchise 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 Franchise. Upon the completion of
the term of this Franchise and compliance with all terms and
conditions hereof, Collector'shall be entitled to the return
of such bond.
11. The City reserves the right to terminate this
Franchise 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 de-
ficiencies in service and the Collector fails to correct the
deficiencies as set forth in the written notice within
fourteen (14) days of the receipt by the Collector of such
notice from the City.
12. This Franchise shall be binding upon the
parties hereto, their successors and assigns and shall be for
a period commencing upon the date of acceptance by the
Collector and ending
13. 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
Franchise, for any personal injury, loss of life, or damage to
property arising directly or indirectly from its operations
pursuant to this Franchise 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
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any orders or judgments which may be entered 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 t-i a claim
against the Collector, under the provisions of this Franchise.
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 franchise
14. This Franchise may not be assigned by the
Collector without the prior approval of the City and in grant-
ing 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 obligations under this Franchise.
ATTEST:
I
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CITY OF TAMARAC
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ACCEPTED: INDUSTRIAL WASTE SERVICE, INC I
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