O-341-Mr ~ • •
CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 341-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
GARBAGE COLLECTION FRANCHISE TO DISPOSALL ,INC.
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. "DisposAll" means DisposAll, Inc.
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 DisposAll, 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.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 341-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 DisposAll and DisposAll 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 DisposAll will be stored in standard
manufactured, mechanically serviced containers approved by the City; DisposAll 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 DisposAll 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 DisposAll 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.
DisposAll, 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.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 341-M
Page 3
SECTION 6.
DisposAll, 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
DisposAll and the area promptly cleaned up.
SECTION 7.
DisposAll 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
DisposAll, its agents, servants or employees, within or without the city limits. DisposAll 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 DisposAll, 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.
DisposAll 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.
DisposAll 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, DisposAll shall have the right to
discontinue service for non-payment.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 341-M
Page 4
SECTION 10.
This franchise and the contract between the City and DisposAll 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
DisposAll may be assignable to an affiliated company by DisposAll provided it has first
obtained the consent of the City Council of the City for such assignment.
SECTION 11.
DisposAll shall pay monthly to the City a franchise fee established by separate resolution of
the City of Clermont. DisposAll 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 DisposAll 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. DisposAll 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
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 341-M
Page 5
ordinance or the franchise granted hereunder, or constitute a basis for any adjustment to or
claim under any 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 10th day of February, 1998.
Second Reading this 10th day of March, 1998.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, THIS 10`h DAY OF MARCH, 1998.
CITY OF CLERMONT
ROBERT A. POOL, MAYOR
ATTEST:
oseph E. Va , Ci y Clerk
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 341-M
Page 6
DisposAll, Inc.
This~~ day of ~, 1998. ' ~-~--- ~"^''~"`~ r ~`~`"~
President
State of Florida
County of
_~~
The foregoing instrument was acknowledged before me this s~ day of ~ ,
1998 by ~'~~ n< <,~ r. ~c-mac- (name of officer or agent), ~~..
tle of officer or agent) on behalf of DisposAll, Inc. He ~ is personally
known to me ire~e~-mss i °°*'~'~^'~~~"
Signature of Acknowledger
(Seal) My Commission Expires: ~ ~3 ~ ~6 ~
~~;~~fiy~: SANDRA KOHLER
=•: r MY COMMI3310N N CC 611348
~~Rf,~ Bonded iMu ~ ~~ 31 2001
No[8y PubAc Undeiwrltera