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O-356-M• • CITY OF CLERMONT MISCELLANEOUS ORDINANCE N0.356-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO CUNNINGHAM REFUSE PROVIDING FOR THE TERM OF THE FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH A FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT, PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. Definitions of terms used in this Ordinance: A. "City" means the City of Clermont, Lake County, Florida. B. "Cunningham" means Cunningham Refuse. C. "Refuse" includes all garbage and other trash generated by citizens of the City and businesses within the City. D. "Residential Refuse" is that refuse generated by residents of the City. E. "Commercial Refuse" is that refuse generated by commercial and industrial establishments presently operating in the City and any such establishment which may begin operation during the term of the contract contemplated herein. Multi- family residential may be considered commercial use. SECTION 2. The City, acting by and through its City Council, hereby grants unto Cunningham, its successors and assigns, anon-exclusive right and privilege to operate a refuse collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City, for the purpose of collecting commercial refuse, subject to certain limitations hereinafter set forth. • • CITY OF CLERMONT MISCELLANEOUS ORDINANCE NO. 356-M Page 2 SECTION 3. The City will continue to collect and dispose of all residential refuse; in addition, the City will collect and dispose of all commercial refuse generated by establishments which (a) utilize no more than 12 refuse cans per pick up each with a capacity not exceeding 30 gallons and (b) requires service no more than two times per week. SECTION 4. The City hereby grants anon-exclusive franchise to Cunningham and Cunningham will agree to collect and dispose of commercial refuse other than that collected by the City pursuant to Section 3 of this ordinance under the conditions set forth in this ordinance. A. All commercial waste to be picked up by Cunningham will be stored in standard manufactured, mechanically serviced containers approved by the City; Cunningham will supply such containers as needed by customers. Location of containers are subject to City approval. B. Size of containers and frequency of service will be agreed upon by Cunningham and each customer. Minimum container size shall be two cubic feet. Containers will be disinfected a minimum of once per week to remove all noxious and/or obnoxious odors. C. The rates for each individual customer are to be negotiated between Cunningham and each customer it serves. The City and each customer shall be notified of any proposed rate change at least 60 days prior to the effective date of the rate change. SECTION 5. Cunningham, its agents, servants or employees shall collect refuse collected hereunder in enclosed, standard, packer-type vehicles approved by the City, and shall perform their obligations hereunder in a courteous, workmanlike manner so as not to create a nuisance for any of the residents of the City. All such commercial refuse collected hereunder shall be disposed in a lawful manner. • • CITY OF CLERMONT MISCELLANEOUS ORDINANCE NO. 356-M Page 3 SECTION 6. Cunningham, its agents, servants or employees shall refrain from and take all steps necessary to prevent spilling of any such refuse in the process of collecting or hauling for disposition on any private property or public thoroughfare within the limits of the City. If any refuse is spilled during the process of handling, storing or hauling, it will be promptly removed by Cunningham and the area promptly cleaned up. SECTION 7. Cunningham shall be an independent contractor and in said contract shall covenant to save the City harmless by virtue of any claim of whatsoever nature resulting from the activities of Cunningham, its agents, servants or employees, within or without the city limits. Cunningham will, within five (5) days from the adoption of this ordinance, cause to be written a policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injuries or property damage incurred in connection with the performance by Cunningham, its servants, agents, and employees, of the services required under this ordinance and the franchise hereby granted, which said policy shall be written within limits of $100,000 per person and $300,000 per occurrence, and for not less than $50,000 for damages to property per occurrence. SECTION 8. Cunningham shall post with the City a good and sufficient cash or surety bond in the amount of $5,000 guaranteeing the faithful performance by it of all of its obligations and covenants under said contract. SECTION 9. Cunningham shall have the sole responsibility for the billing and collection of charges provided hereunder. Billings shall be monthly and payable on or before the 15th day of the succeeding month. In the event bills are not paid within this time, Cunningham shall have the right to discontinue service for non-payment. • • CITY OF CLERMONT MISCELLANEOUS ORDINANCE NO. 356-M Page 4 SECTION 10. This franchise and the contract between the City and Cunningham shall be in full force and effect until March 10, 1999 commencing immediately; and this franchise and contract shall thereafter be automatically renewed from year to year unless terminated by either party upon not less than sixty (60) days written notice sent via U.S. registered or certified mail to the other party prior to the end of any annual period. This franchise and the contract between the City and Cunningham may be assignable to an affiliated company by Cunningham provided it has first obtained the consent of the City Council of the City for such assignment. SECTION 11. Cunningham shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont. Cunningham agrees to provide an annual audit report to the City showing gross annual billings and receipts, if requested by the City. Fees to be assessed commencing with the first billing of any customer. In the event services have been provided prior to this agreement, all past due fees calculated from the first billing shall be paid within 30 days of this Agreement. SECTION 12. Collection shall be made during hours as set forth in a schedule approved by the City. All collection will be made as quietly as possible. SECTION 13. Failure on the part of Cunningham to meet any of the provisions of this agreement shall be grounds for forfeiture, but no such forfeiture shall take effect until the City has provided written notice. Cunningham shall have 30 days following the notice to correct a default. SECTION 14. This ordinance and the franchise granted thereby are applicable to all lands lying within the corporate limits of the City and shall be applicable with equal force to any additional lands hereinafter included within the corporate limits of the City, and no such addition of lands is to be excluded from the corporate limits as the same presently exist, shall invalidate this ordinance or the franchise granted hereunder, or constitute a basis for any adjustment to or claim under any • • CITY OF CLERMONT MISCELLANEOUS ORDINANCE NO. 356-M Page 5 contract which may be executed under the authority of this ordinance. SECTION 15. All ordinances and/or part of ordinances which are in conflict with this ordinance are hereby repealed and same shall be of no further force and effect. SECTION 16. This ordinance shall be published as provided by law and it shall become law and take effect on this 10~` day of March, 1998. First Reading this 28th day of July, 1998. Second Reading this 11th day of August, 1998. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 11`t` DAY OF AUGUST, 1998. CITY OF CLERMONT L _ 7 ,/ C ROBERT A. POOL, MAYOR ATTEST: oseph E. Van Zi ity C erk Cunningham Refuse • CITY OF CLERMONT MISCELLANEOUS ORDINANCE NO. 356-M Page 6 This 1~ day of U~v57' , 1998. ~ C'~ ley P Ident State of Florida County of ~f~K,E The foregoing instrument was acknowledged before me this ~~ day of ~~/~y,~ ~ , 1998 by To /~ v~/nr~ i~~ ~if~ ~ (name of officer or agent), ~°j~r,s~ ~,_ ~;--- (title of officer or agent) on behalf of Cunningham. He/she is personally known to me or has produced as identification. ignatureofAcknowledg~er ~ t,;tw, ~~„j}~,~ (Seal) My Commission Expires: 3a ~ Z a o Z ~Y~~T Tt• MONA LISA RUTZEBECK ~ MY COMMISSION #k CC 742651 ~~ ~p~ EXPIRES: 05!302002 1.1!00-3-NOTARY Fla. Noury Scrvices & BondinS Co