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Home My WebLink AboutCity of Tamarac Ordinance O-1987-018I ;2 3 4 7 8 .9 10 11 12 13 14 15 16 f 7 Introduced by: Temp. Ord. #1312 ff Revised 3/31/87 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-87-__,/_r AN ORDINANCE AUTHORIZING THE EXTENSION OF THE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWE9N THE CITY OF TAMARAC AND INDUSTRIAL WASTE SERVICES, INC. FOR COMMERCIAL GARBAGE AND TRASH COLLECTION AS ESTABLISHED BY ORDINANCE NO. 0-86--15; 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. 0-86-15 until September 30, 1987; and WHEREAS, Industrial Waste Services, Inc. has agreed to said extension. NOW, 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--86-15, 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 SECTION 2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict.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. Temp. Ord. #1312 Revised 3/31/87 1 2 3 4 a 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 %6 27 28 31 32 33 34 36 SECTION 4: This Ordinance shall become effective immediately upon - adoption and passage. -541 PASSED FIRST READING this __f day of 1987. PASSED SECOND READING this Z;z day of 1987 ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. A:'--BRYANT.APPLEGATE CITY XtWkNEY 20581287/t � ate/ BERNARD HART MAYOR MAYOR: HART DIST. 1: C/M ROHR DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN r DIST. 4: V/M STEIN _A44l_L- ' -2- 9f9 7 � 9 y Introduced by G 1 CITY OF TAMARAC, FLORIDA s ORDINANCE NO. 0-86- L_ y 4 S 6 7 e 9 10 22 12 13 14 15 26 17 1B 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 Temp. Ord. 640" AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND INDUSTRIAL WASTE SERVICES, INC. FOR COMMERCIAL GARBAGE AND TRASH COLLEC- TION; SETTING FORTH TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING FOR NON SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE AT 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 Industrial Waste Services, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: s�CTION 1: That a non-exclusive franchise for collec- tion of garbage and trash is granted to Industrial Waste Services, Inc. subject to the terms and conditions attached here- to and made a part hereof as Exhibit "A" for a term to expire on April 30, 1987. ION 2: Collector shall maintain all dumpsters that it Collector shall comply with all applicable munici- pal, county and state laws, ordinances and regulations. 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 filial passage. PASSED FIRST READING THIS _,_day of , 1986. READING THIS ., day of 1986. 4—Z � YO A_ EST: 4CY CLERK i H CERTIFY t at have approved t e form nd co of this ORDINANCE. RECORD OF COUNCIL VOTE MAYOR: HART Q CITY ATV RN_E_YDIST. 1: C/W MA$SARO DIST. 2: C/M STELZER Q DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN —` r r Q!It. _— 0r ;F4-/.5 EXHIBIT A TERMS AND CONDITIONS OF GARBAGE FRANCHISE 1. The City hereby grants unto the Collector, the right and privilege to operate a garbage and trash collec- tion system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City of Tamarac, Broward County, Florida, for the purpose of collecting garbage and trash of the businesses and other enterprises requiring such services within the municipal limits of the City. Z. Collector shall maintain all dumpsters that it services. 3. Collector shall comply with all applicable municipal, county and state laws, ordinances and regulations. 4. The rate to be charged shall be a matter of negotiation between the Collector and the customer served and shall be dependent upon the amount of service required by the customer. In such cases, all rates to be charged shall be sub- ject to arbitration by the Council of the City, in the event such negotiation between customer and Collector fail. 5. The Collector shall bill all customers directly on an individual basis, which billing shall be in advance y on a quarterly basis unless the customer elects to pay on a monthly basis. _ 6. The Collector shall pick up all garbage through the use of modern packer type trucks and to dispose of all material collected in an area beyond the limits of the municipal- ity in disposal sites approved by the governmental agencies having Jurisdiction of the area in which the site is located. R b P. 7. The Collector shall pay unto the City, in return for the use of the streets, alleys, bridges, easements and other public places thereof, pursuant to this Franchise$ 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 11 (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 off jeer of the company and notarized, and shall permit the City or its authorised 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,DD0/500,000 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 10. To guarantee performance by the Collector under this Franchise, the Collector shall post with the City ,rGN00 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- ficirncies in service and the Collector fail: -erect the deficiencies as set forth in the written notice wi4:.fr. 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 properaty arising directly or indirectly from its operations --"rsuant 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 - any orders or judgments which may be entered therein. The City 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 to a claim against the Collector, under the provisions of -this Franchise. The Collector shall also be liable to the City for all coats, expenses, attorneys fees and damages which may be incurred or sustained by the City by reason of the Collectvr's breach of any of the provisions of #his franchise 14. This Franchise may not be asrigned by the Coiliactor without the prior approval of the City and in grant- ing oi- 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: r APPROVED: �. XrL�. ACCEPTED BY: INDUSTRIAL WASTE SERVICES, INC. 10017 4 t 0-87 /9 DISTRIBUTION LIST lo.of Co ies DEPARTZ•IENT OR PERSON RECEIVED BY SL��-9/�7 DATE / COUNCIL I rTTY ATTnPvey CITY ENGINEER CITY PLANNER 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, Tallah ssee 32304 Robert Lasl ie In charge of suppl. ts) - - Robert Ussery (in charge of Codificathon) PERSONNEL BOARD OF ADJUSTMENT CHARTER BOARD PUBLIC INFORMATION COMM COUNTY LIBRARIAN COUNTY TAX APPRAISER W.W. WILSON BROWARD CTY.PLANNIWS COUNCIL PETITIONER OR APPLICANT CLERK'S FILE William Markham 115 S. Andre Ave., Rm. 307 5519 IR. KcNab Rd. Tamarac 3332 COPIED . DISTRIBUTED