HomeMy WebLinkAboutCity of Tamarac Ordinance O-1988-027Temp. Ord. #1401
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0--88-.27
AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A
NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE
CITY OF TAMARAC AND BROWNING-FERRIS INDUSTRIES
OF FLORIDA, INCORPORATED, 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 Browning -Ferris Industries of Florida,
Incorporated.
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 Browning -Ferris Industries
of Florida, Incorporated, subject to the terms and conditions
attached hereto and made a part hereof as Exhibit "A" for a
term to expire on September 30, 1989.
SECTION 2: Collector shall maintain all dumpsters that
it services. Collector shall comply with all applicable
municipal, 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 �� day of 1988.
PASSED SECOND READING thisLjday of 1988.
ATTEST:
NORMAN ABRAMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as to
form.
W,.
�� &4-,4
RI CHARD DOODY
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1: C/M ROHR ,
DISTRICT 2: V/M STELZER
DISTRICT 3: C/M HOFFMAN�—
DISTRICT 4- C/M BENDER
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
r.;uricipal, 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 (10th) day of each month following
acceptance of this Franchise by the Collector.
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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 Worker'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 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.
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GARBAGE FRANCHISE
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 acceptance by the
Collector and ending September 30, 1989.
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.
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GARBAGE 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.
AP 0VED:
MA OR
ATTEST: n o
CITY vv" GER
DATE
ACCEPTED BY:
BROWNING FERRIS INDUSTRIES OF FLORIDA, INC.
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October 11, 1988
7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722-5900
BROVMRD CO= LIBRARY
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
Enclosed please find your copy from the CITY OF TAMARAC, the following,,
ORDINANCE NO'S: 0-88-26, 0-88--27, 0-88-28, 0-88-29, 0-88-30
[iEE:I:�id11
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722-5900
October 11, 1988
Robert Ussery
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida 32304
Enclosed please find your copy from the CITY OF TAMARAC, the following;
ORDINANCE NO'S: 0-88-26, 0-88-27, 0-88-28, 0-88-29, 0-88-30, 0-88-31.
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
7525 NORTHWEST 88TH AVENUE a TAMARAC, FLORIDA 33321.2401
TELEPHONE (305) 722-5900
October 10, 1988
Robert Laslie
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida 32304
Enclosed please find your copy from the CITY OF TAMARAC, the following;
ORDINANCE NO'S: 0-88-26, 0-88-27, 0-88-28, 0-88-29, 0-88-30, 0--88-31.
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
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October 12, 1988
7525 NORTHWESIYT 8
{
TH AVENUE
TAMARAC, FLORIDA 33321-2401
TELEPHONE
(305)
722-5900
]BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC.
3251 S.W. 1st. Terrace
Fort Lauderdale, Florida 33315
Enclosed please find your copy from the CITY OF TAMARAC, the following;
ORDINANCE NO. 0-88--27
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
o -- ? R -- z 7
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