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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-017• •Introduced by Temp. Ord. #1250 1 CITY OF-TAMARAC, FLORIDA 2 ORDINANCE NO. 0--86 3 AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A 4 NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND SOUTHERN SANITATION SERVICE 5 FOR COMMERCIAL GARBAGE AND TRASH COLLECTION; SETTING FORTH TERMS AND CONDITIONS OF SAID 6 FRANCHISE; PROVIDING FOR NON SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE 7 DATE. B WHEREAS, the City of Tamarac is authorized to enter into 9 franchise agreements with garbage and trash collectors; and 10 WHEREAS, the City Council wishes to grant a non-exclusive 11 franchise to Southern Sanitation Service 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 13 TAMARAC, FLORIDA: 14 SECTION 1: That a non-exclusive franchise for collection is of garbage and trash is granted to Southern Sanitation Service 16 subject to the terms and conditions attached hereto and made a 17 part hereof as Exhibit "A" for a term to expire on April 30, 1B 1987. 19 SECTION 2: Collector shall maintain all dumpsters that 20 it services. Collector shall comply with all applicable munici- 21 pal, county and state laws, ordinances and regulations. 22 ,SECTION 3: Should any paragraph, sentence or word be 23 declared by a Court of competent jurisdiction to be invalid, this 24 shall constitute a repeal of this ordinance. 25 SECTION 4: This ordinance shall become effective upon 26 its final passage. 27 PASSED FIRST READING THIS day of, 1986. 29 PASSED FIRST READING THIS gZ ? day of , 1986. 29 30 VMAYOR 31 AM: 32 CITOk CLERK RECORD OF COUNCIL VOTE 33 I HERE CERTIFY t I have approved MAYOR: HART r 34 the orm nd corr ct ss of this ORDINAN �5T 1: C/W MASSARO D CITY TORNEY DIST. 2: C/M STELZER DIST, 3: C/M GOTTESMAN DIST. 4: V/M STEIN OfIf 11 - 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. 2. 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. b. 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 jurisdiction of the area in which the site is located. .ft 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. B. 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 o=1Its 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. 2 - r N ,� •�iiw•.T•r 10. Tb guarantee peA.ZVXAtIaAjk-t 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 scan 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 - 3 AL r ents which may � centered therein. The City any orders or jud`3m 10� days of receipt by shall notify the Collector within fiM 1 arising of any claim. suit or actiOR against the City the City a Collector directly or indirectly from the operations of th which the City might � entitled to a claim hereunder, for the City th is Franchise. st the Collector, under the P�sions of again for all costs, The Collector shall also be liable to Bch may be incurred or es wh expenses, attorneys fees and damag the Collector's breach of sustained by the City by reason of any of the provisions of this franchise This Franchise may not be assigned by the 14' and in grant- rior approval of the City Collector without the P shall be satisfied that ing or denying such approval, the City such assig nee shall be equal the service to be rendered by any n rendered by the Collector to or greater than the service being e Collector °f hereunder. No such assignment shall relieve th its duties and obligations under this Franchise• ATTEST: CITY V ppR ACCE-TED BY: SOUTHERN SANITATION S ICE /.