HomeMy WebLinkAboutCity of Tamarac Ordinance O-1987-017Introduced by: /y
Temp. Ord. #1311
Revised 3/31/87
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-87- 1 7
AN ORDINANCE AUTHORIZING THE EXTENSION OF
THE NON-EXCLUSIVE FRANCHISE AGREEMENT
BETWEEN THE CITY OF TAMARAC AND COUNTY
WASTE, INC. FOR COMMERCIAL GARBAGE AND
TRASH COLLECTION AS ESTABLISHED BY
ORDINANCE NO. 0-86-14; 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. 0-86-14 until September 30, 1987; and
WHEREAS, County Waste, 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. 0-86-14, 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conflict herewith are hereby repealed to the extent of such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.
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Temp, Ord.`#1311
Revised 3/31/87
SECTION 4: This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this — day of 1987.
PASSED SECOND READING this day of 1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to form.
Y APPLEGATE
CITY ATTORNEY
J
20571287/t
BERNAIRM TART
MAYOR
�,IAYOR: HART ,.
LIST. 1: C/M ROHR
DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
DIST, 4: V/M STEIN
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Introduced by Temp. Ord. #1247
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-86-
AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A
NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE
CITY OF TAMARAC AND COUNTY WASTE, 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 EFFECTIVE
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 County Waste, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION I: That a non-exclusive franchise for collecc-
tion of garbage and trash is granted to County Waste, 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,
1987.
SECTIQN_2: Collector shall maintain all dumpsters that
it services. Collector shall comply with all applicable munici-
pal, 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.
S.ECjLON 4: This ordinance shall become effective upon
its final passage.
�n aLU FIRST READING THIS___(?,_day Of Lik4J, 1986.
PASSED SECOND READING THISXday of , 19867 , r
i;I
AT EST:
ITY CLERK
RECORD OF COUNCIL VOTE
I HERE CERTIFY tWLt I have approved
the arm a d arre to ss of this ORDIANN. HART
DIST. 1: C/W MASSARO
I Y A TORNE DIST. 2: 6M STEL ZER 4Aell
DIST. 3: C/M GOTTESMAN
_ _ — DIST. 4: V/M STEIN — 40
1'
1
FXHTBTT 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.
it services.
2. Collector shall maintain all dumpsters that
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.
S. 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 municipal-
ity in disposal sites approved by the governmental agencies having
jurisdiction of the area in which the site is located.
7. The Collector shall pay unto the City, in
return for the use of the streets, alleysp 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
(10th) 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
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 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 pe=son. 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.
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10. To guarantee performance L2
ly under this Franchise, the Collector shall post with the City
$2,500.00 in cash, or the estimated amount of franchise fees
ree (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
Coliector 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
t 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
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
a--tion or proceedings brought thereon, and from and against
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any orders or judgments which may be entered therein. The City
shall notify the Collector within ten (10) days of receipt by
t.i.,- 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:
.z�
CITY ..
ACCEPTED BY: COMITY 6?AS 1 , 7 X .
r
9
eity of Wallwdale
F L O N I D A
June 19, 1987
TO: ALL CITIES IN BROWARD COUNTY
C a
AD ISTRATIVE oFFICE� �
308 S. ❑IXIE HWY.
HALLANDALE. FLORIDA 33009
PHONE 458.3251
Attached is a certified copy of Hallandale Resolution No. 87-17
entitled:
"A RESOLUTION OF THE CITY OF HALLANDALE, FLORIDA URGING
GOVERNOR BOB MARTINEZ TO SIGN HB 1336 RELATING TO
DISCUSSIONS ON MATTERS IN LITIGATION".
This Resolution was adopted by the Hallandale City Commission
on June 16, 1987,
JWD:ss
Attachment
CITY OF HALLANDALE
zg�
June W. Depp, CMC
City Clerk
I
RESOLUTION NO. 87-17
A RESOLUTION OF THE CITY OF HALLANDALE, FLORIDA
URGING GOVERNOR BOB MARTINEZ TO SIGN HB 1336
RELATING TO DISCUSSIONS ON MATTERS IN LITIGATION
WHEREAS, Florida's municipalities and other public' bodies
operate at a disadvantage by having to discuss litigation strategy
and possible settlements of pending. lawsuits in the "sunshine" but
the opposing parties are not subject to the same constraints and
exposure; and
WHEREAS, it is not in the public interest to continue to
impose this requirement on public bodies and the Florida Legislature
has recognized the problem by passing HB 1336 as a solution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF HALLANDALE, FLORIDA:
SECTION 1. The City Commission of the City of Hallandale
hereby urges the Honorable Bob Martinez, Governor, to sign HB 1336
into law.
APPROVED AND ADOPTED this 16th day of June, 1987.
ATTEST:
r
CITY CLE
CERTIFICATION
3 certify this to be a true and correct copy
of the record in my office.
WITNESSETH my hand and official seal of the
City of Hallandaie, Florida, th s the"
16th day,. of Jude 19 $7
'0' )e QClty Clerk
MAYOV-COMMISSIO
Vote
AYE / NAY
A. J. Rosenberg
X
A. 1. Canon
X
P. Cohen
._X..:
N. Cutler
-
S. S. Waterman
.
AS - Absent
- • - Abstain - Confiic-t of lnterQst
forms to be filed.
RESO. 87-17
f
DI5TRIBUTI-ON LIST
D-97-/7
NO -of Copie
r �
DEPARTMENT OR PERSON RECEIVED BY ���-9le7
COUNCIL
CITY ATTORNEY _ . . ".•..,
CITY._ ENGINEER
TE
CHIEF BUILDING OFFICIAL
BUILDING DEPARTMENT - TRAILER
ENFORCEMENT
IRENE
MASTER FILE
CITY MANAGER y
FINANCE DIRECTOR
FINANCE— SUPV. ACCOUNTANT
PURCHASING
POLICE DEPARTMENT— CHIEF
POLICE DEPARTMENT — JIM
RECREATION DEPARTMENT
PUBLIC WORKS DEPARTMENT
FIRE DEPARTMENT
TUW — ADMINISTRATION
GODIFIER (MAIL IMMEDIATELY) Mun cipal Code Corp,,, 7allah ssee 3
Bert Las �e pD 2235
n charge of supply _ 2304
Robert Ussery (in charge Of Codifica 'on)
PERSONNEL
—AUDITOR FTT.r
FLANNING COMMISSION
BOARD OF ADJUSTMENT
CHARTER BOARD
PUBLIC INEDENATION
wUNTY LIBRARIAN
COUNTY TAX APPRAISER
w•w• wI15pN
BROWARD CTY.PLANNING COU14CIL
PETITIONER OPLICANT
�����FILE
William Markham
115 S. Antir Ave. , Rm. 307
e 301
8519 W. ridjab Rd. Tamarac 33;
COPIED
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