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Home My WebLink AboutCity of Tamarac Ordinance O-1987-016yd. Irtrr,duced by: C _ Temp. Ord. #1310 Revised 3/31/87 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0--87--& AN ORDINANCE AUTHORIZING THE EXTENSION OF THE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWNING FERRIS INDUSTRIES OF FLORIDA, INC. FOR COMMERCIAL GARBAGE AND TRASH COLLECTION AS ESTABLISHED BY ORDINANCE NO. 0-86-13; PROVIDING FOR REPEALER; PROVIDING FOR NON SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is desirous of extending the terms and conditions as established by Ordinance NO. 0-86-13 until September 30, 1987; and WHEREAS, Browning Ferris Industries of Florida, Inc. has agreed to said extension. 110W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the non-exclusive franchise agreement established by Ordinance No. 0-86-13, a copy of which is attached hereto and made a part hereof as Exhibit "A", is hereby extended to September 30, 1987. The non-exclusive franchise agreement shall terminate at midnight (12:00 P.M.), September 30, 1987. SECTION 2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. _ 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. 0C I 0 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 r 7 SI 19 20 21 22 23 24 25 %6 27 28 29 7 31 32 33 34 35 Temp. Ord.- #1310 Revised 3/31/87 SECTION 4: This Ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this d y of 1987. PASSED SECOND READING this e?wz day of , 1987. ATTEST: 6�� zg�? zir�� - CAROL•'E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to f A. BRYANT P vEGATE CITY ATTORNEY 2056123186/t BERNARD HART MAYOR MAYOR: HART DIST. 1: C/M ROHR DIST. 2. C/M STELZER 47 DIST. 3: C/M HOFFMAN DIST, 4: V/M STEIN r2_ 10 1 3 7 B 9 10 11 12 16 17 16 19 20 21 22 23 24 25 Introduced by L Temp. Ord.6 CITY OF T C, FLORIDA ORDINANCE NO. 0 -86-_a AN ORDINANCE AUTHORIZING THE E / NTRANCE INTO A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWNING FERRIS INDUSTRIES OF FLORIDA, 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 EFEF—C—TIVE 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 Browning Ferris Industries of Florida, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: That a non-exclusive franchise for collec- tion of garbage and trash is granted to Browning Ferris Indus- }:irs Cr Florida, 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, 1967. BI,. ION 2: Collector shall maintain all dumpsters that it services. Collector shall comply with all applicable munici- pal, county and state laws, ordinances and regulations. BICZ 2N 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. This ordinance shall become effective upon its final passage. PASSED FIRST READING THIS PASSED SECOND READING THIS, VIA VK ATTEST: CITY LERIC I HEREBY CERTIFY that I have approved the and cor ness of this ORDINANCE. RECORD OF COUNCIL VOTE MAYOR: HART G CITY TTORNEY DIST. is CIN MASSARD DIET. 2: C/M STELZER DIST. 3: C/M GOTTESMANAV DIST. 4: V/M STEIN ML p - X 6 _/3 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 duiapsters 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 between the Collector and the customer served and shah be dependent upon the amount of service required by the customer. in such eases, 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 t1D pay on a monthly basis. 4 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 jurisdiction of the area in which the site is located. 40 7, The Collector shall pay unto the City, in return for the use of the streets, alleys, bridges, easements public places thereof, pursuant to this Franchise, a sum cf money equal to ten percent (lot) 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. S. 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 cn 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 - I Au. To 4Uare1.4aa l„Criormance by the Collector under this Franchise, the Collector shall post with the City ar 3 in Dash, 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. 11. 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 t-- ri*v from and against any and all claims, suits, actions,' caa.romoe , 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 rse3ch claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against 3 - _ any orders or judgments which may be entered therein. The City shall notify the Collector within ten (10) days of receipt by t}►e City of any claim, suit of 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 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: CITY ' ACCEPTED BY:FjR0 V1Mr'G FEFRIS I':EL'S""P.IES OF FLORIDA, INC. 7-j DISTRIBUTION LIST lo.of Copies DEPART'-IENT OR PERSON RECEIVED BY COUNCIL /'T TR7 • TTAf1\7Tt1 Q-1?7-16 DATE CHIEF BUILDING OFFICIAL BUILDING DEPARTMENT - TRAILER rnnR ENFORCEMENT IRENE MASTER FILE - CITY MANAGER FINANCE DIRECTOR FINANCE- SUPV. ACCOUNTANT PURCHASING POLICE DEPARTMENT- CHIEF POLICE DEPARTMENT - JIM RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT TUW - ADMINISTRATION CODIFIER (MAIL IMMEDIATELY) Municipal Code Corp.,PO 2235, Tallahassee 32304 Robert Lasl ie n charge of PgP1 ts) --. Robert Ussery (in charge of Codification) PERSONNEL AUDITOR FILE ORDINANCE FILE RESOLUTION FILE PUBLIC INFORMATION COMMITTEE COUNTY LIBRARIAN COUNTY TAX APPRAISER W.W. WILSON BRDWARD CTY.PLANNING COUNCIL SECRETARY OF STATE PETITIONER OR APPLICANT CLERK'S �ILE William Markham 115 S. Andrews Ave.. Ft. Lau 115 S . Andrew Ave . , Ian. 307 Ft. Lauderdale. Fla. 333QI 5519 W. McNab Rd. Tamarac 33 COPIED . DISTRIBUTED