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 -
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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
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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
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ACCE-TED BY: SOUTHERN SANITATION
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