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Home My WebLink AboutCity of Tamarac Ordinance O-1987-047L 3 6 I 8 9 0 Al .3 .4 5 16 Temp. Ord.#1349 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-87-__'�_Z AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A NON- EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWNING.-FERRIS INDUSTRIES FOR COMMERCIAL GARBAGE AND TRASH COLLECTION; SETTING FORTH TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING FOR NON-SEVERABILITY OF INVALID btinvT0Tr%M0. AMri 1b0n17TnTMr_ am vPrRrTTUR. nATR. _ 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That a non-exclusive franchise for collec- tion of garbage and trash is granted to Browning -Ferris Industries subject to the terms and conditions attached hereto and made a part hereof as Exhibit "A" for a term to expire on September 30, 1988. NECT,IQN_2: Collector shall maintain all dumpsters that it services. Collector shall comply with all applicable municipal, county and state laws, ordinances and regulations. SNgTION3: 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. EE!QT,I!DN 4; This ordinance shall become effective upon its final passage. PASSED FIRST READING THIS, day of , 1987. PASSED SECOND READING THIS a23 day of , 1987. BERN RD HART MAYOR ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RICHARD M. REDNOR ACTING CITY ATTORNEY MAYOR: HART DIST. 1: C/M ROHR DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN EXHIBIT A 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 materials collected in an area beyond the limits of the municipality 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, 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. 1 GARBAGE FRANCHISE 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 Workers' 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 upon request. The City shall be an additional named insured in such policies. 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 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 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 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 acceptence by the Collector and ending September 30, 1988. 2 GARBAGE FRANCHISE 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 any orders or judgements which may be entered therein. The City shall notify 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 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 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. APPR ATTEST: n DATE 7 ACCEPTED BY: BR NIG rEIPIS IIJDkSTRIES OF FL. INC. 4iol TE 9 30 M 3 5811 NORTHWEST 88TH AVENUE . TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 October 2, 1987 COUNTY LIBRARIAN 100 South Andrews Avenue Fort Lauderdale, Florida 33301 Attention: .Enclosed please find your copy from the CITY OF TAMARAC, the following item(s) for your files: ORDINANCE NO'S: 0-87-44, 0-87-45 0-87-47, 0-87-49, 0-87-50 If you have any questions, please do not hesitate to contact this office. Very truly yours, CITY OF TAMARAC Pat LaBello City Clerk's Office Enc. ( , T- AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 October 2, 1987 Robert Laslie MUNICIPAL CODE CORPORATION P.Q. 2235 Tallahassee, Florida 32304 Attention: Enclosed please find your copy from the CITY OF TAMARAC, the following item(s) for your files: ORDINANCE NO'S: 0-87-44, 0-87-45, 0-87-47, 0-87-49, 0-87-50 If you have any questions, please do not hesitate to contact this office. Very truly yours, CITY OF TAMARAC Pat LaSello City Clerk's Office Enc. (,5T AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 5811 NORTHWEST 88TH AVENUE. & TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 October 2, 1987 Robert Ussery MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 Attention: Enclosed please find your copy from the CITY OF TAMARAC, the following item(s) for your files: ORDINANCE NO.'S: 0-87-44, 0-87-45, 0-87-47, 0-87-49, 0-87-50 If you have any questions, please do not hesitate to contact this office. Very truly yours, CITY OF TAMARAC Pat LaBello City Clerk's Office Enc. (,ST- AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 October 5, 1987 BROWNING FERRIS INDUSTRIES 3251 S.W. 1 Terrace Fort Lauderdale, Florida 33315 Attention: Enclosed please find your copy from the CITY OF TAMARAC, the following item(s) for your files: ORDINANCE NO. 0-87-47 If you have any questions, please do not hesitate to contact this office. very truly yours, CITY OF TAMARAC Pat LaBello City Clerk's Office Enc. ( / ) AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS DI STRI BL'TI ON %.ZS i 0 — 97 — V-7 10. of CO-P ies DEPARTMENT OR PERSON RECEIVED BY 1011197 DATE COUNCIL i CITY ATTORNEY' • I-& DU1LiJ11YLYL!'/1A117L/Y • AM1LL� AnF ENFORCEMENT IRENE MASTER FILE CITY MANAGER FINANCE DIRECTOR FINANCE- BUPV. 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, Tallah3ssee 32304 Robert LasIle n charge of 11WP'Wenrz) Robert Ussery (in charge of Codifica 'on) PERSONNEL w .... wa�.rrn BRDWARD CIMPUNNING COUNCIL PETITIONER OR APPLICAr Q'u°1_ ERK' S FILE -- Wil3iamn Markham 115 S. Andrews Ave., inn. 307 Ft. Iatrda_7 e . Fla _ 33301 5519 W. Mc ftb Rd. Tamarac 33 COPIED DISTRIBUTED ��