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Home My WebLink AboutCity of Tamarac Ordinance O-1988-029I Temp. Ord. #1403 1 2 3 ,4 r ,5 I� 8 9 10 11 12 13 14 15 16 17 lieu 21� 22 23 24 25 26 27 28 29 30 �c 33 34 35 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-88-v2 / AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND INDUSTRIAL WASTE SERVICES, 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 Industrial Waste Services, Incor- porated. 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 Industrial Waste Services, 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. vt PASSED FIRST READING this P / day of 1988_ PASSED SECOND READING this a28 day of 1988. ATTEST:11 Q,R NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. 1 RICHARD DOOR kJ CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT 2: _V/M STELZER DISTRICT 3:C/M HOFFMAN A-t�►,� ,. �� DISTRICT 4• _ CINA, BFN�FR . _� . �•1 �- r 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 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 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. I 2 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. 3 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. ACCEPTED BY; INDUSTRIAL WASTE SERVICES, INC. l DATE ! d 4 ti OF rgMg9 r U n sr � QR1 P October 11, 1988 7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321.2401 TELEPHONE (305) 722-5900 BROWARD COUNTY 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 NIam] M Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 000--kl)" October 10, 1988 7525 NORTHWEST 88TH AVENUE . TAMARAC, FLORIDA 33321.2401 TELEPHONE (305) 722.5900 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 ti OF rgM99 c� n M� October 11, 1988 7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321.2401 TELEPHONE (305) 722.5900 Robert Ussery MUNICIPAL CODE CORPORATTON P.O. Box 2235 Tallahassee; Florida 32304 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDTNANCE 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 NORTH ES'I- 88TH AVENUE October 11, 1988 INDUSTRIAL WASTE SERVICE, INC. 2930 N,W:-17th. Terrace Fort Lauderdale, Florida 33311 TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722-5900 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDINANCE NO. 0-88-29 Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS DI STRI BL'TI ON LIST 9 . of Co des DEPART?SENT OR PERSON RECEIVED BY �DATE COUNCIL Im nF 2NFORrZMENT IRENE !RASTER PILE + CITY MANAGER FINANCE DIRECTOR FINANCE— SUPV. ACCOUNTANT PURCRASING POLICE DEPARTMENT— CBIEr POLICE DEPARTMENT - JIM RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT TUW — ADMINISTRATION CODIFIER JMAIL IMMEDIATELY Municipal Code Corp.,PO 2235, TallahDssee 323D4 Robert es e n charge of DPP ts) _ .---- Robert Ussery (in charge of Codifica on! PERSONNEL RUNTY TAX APP I SER Williean Markham - dRDWW M.PLMIHG CMICIL W. WILSON 225 T � Ave., lam. 307 Ci. M8ER OF CCMMIEltCE 5519 W. f w ab lid. Mmarac 33 PETITIONER OR APPLICANT CLERK' S - Gd� T FILE COPIED b % DISTRIBUTED p