HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-054Introduced by: Temp. # 7���
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.'
AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A
NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE
CITY OF TAMARAC AND SOUTHERN SANITATION
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 City -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 SOUTHERN SANITATION
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 SOUTHERN SANITATION
subject to the terms and conditions attached hereto and made a
part hereof as Exhibit "A" for a term to expire on April 30,
1981.
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 THIS eday of Z1980
PASSED SECOND READING THIS e?-3 ✓ day of i9S.0.
Attest:
✓�GMAYOR
C-3--t-y-T-1-erk RECORD Or COUNCIL VOTE
I HEREBY CERTIFY that I have approved MAYOR:
the form and correctness of this ORDINANCIDISTRICT I.
A 0,A_* DISTRICT 2:
City Attorney DISTRICT 3:
DISTRICT 4:
.A) 7'
"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
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. 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
subject 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 municipality in disposal sites approved by the
guvernmentai agencies having jurisdiction of the area
in which the site is located. ,
r 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
-- insurance 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 aforesaid 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. The
City shall be an additional named insured in such policies.
-- 2-
91
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 fran-
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 Franchise. Upon
the completion of the term of this Franchise and compliance
with all terms and conditions hereof, Collector shalt 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 deficiencies 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
s-
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 April 30, 1981.
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
3.
I.
against any orders or judgments which may be entered
therein. The City "i" I notify t`^ X.—�!Iector 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 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
T
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 obligations under this Franchise.
CITY OF TAMARAC
ATTEST: vi��"- MAYOR
Ity Mana&r
ACCEPTED
By:
4.