O-225-M•
CIT Y OF CLERMONT
i
MISCELLANEOUS ORDINANCE
225-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION
FRANCHISE TO CENTRAL ORLANDO WASTE, 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.
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. "COW" means Central Orlando Waste
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 COW, its successors and assigns, a non-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.
SECTION 3.
The City will continue to
refuse; in addition, the
commercial refuse generate
more than 12 refuse cans
exceeding 30 gallons and
times per week.
SECTION 4.
collect and dispose of all residential
City will collect and dispose of all
d by establishments which (a) utilize no
per pick up each with a capacity not
(b) requires service no more than two
The City hereby grants a non-exclusive franchise to COW and COW
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:
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CITYOF CLERMONT
MISCELLANEOUS ORDINANCE
No. 225-M
Page -2-
A. All commercial waste to be picked up by COW will be
stored in standard manufactured, mechanically serviced
containers approved by the City; T&C 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 T&C 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 COW 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.
COW, 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 commerci al refuse
collected hereunder shall be disposed in a lawful manner.
SECTION 6.
COW, 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 COW and the area promptly
cleaned up.
SECTION 7.
COW 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 COW, its agents,
servants or employees, within or without the city limits. COW
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 COW, 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.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
No. 225-M
Page -3-
SECTION 8.
COW 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.
COW 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, COW shall
have the right to discontinue service for non-payment.
SECTION 10.
This franchise and the contract between the City and COW shall be
in full force and effect until June 30, 1991 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 COW may be assignable to an affiliated company by COW
provided it has first obtained the consent of the City Council of
the City for such assignment.
SECTION 11.
T&C shall pay monthly to the City a franchise fee established by
separate resolution of the City of Clermont. COW agrees to provide
an annual audit report to the City showing gross annual billings
and receipts, if requested by the City.
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 COW 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. COW
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
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CITYOF CLERMONT
MISCELLANEOUS ORDINANCE
No. 225-M
Page -4-
addition of lands or 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 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 prgvided by aw and it shall
become law and take effect on this ~ day of 1990.
First Reading this /~,~ day of 1990.
Second Reading this ,Z to~'day of 19 9 0 .
PASSED AND ORDAINED BY THE CITY CO_ U,I~iCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, THIS ~1( DAY OF 1990.
CITY OF CLERMONT
ATTEST:
l
o !- V n Zil C ty Clerk
,:
`~~
OBER A. POOL, MA