O-190-M• CITY OF CLERMCNT •
MISC. ORDINANCES
190-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO
DISPOSALL 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: "DALE" means DisposAll.
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
DALE. 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 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 a non-exclusive franchise to DALE and DALE
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 DALE will be
stored in standard manufactured, mechanically serviced
containers approved by the City; DALE 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 DALE and each customer. Minimum container
size shall be two cubic feet. Containers will be dis-
infected a minimum of once per week to remove all noxious
and/or obnoxious odors.
• CITY OF CLERMONT •
MISC. ORDINANCES
190-M
Page -2-
C: The rates for each individual customer are to be
negotiated between DALL 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.
DALL, it 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 resi-
dents of the City. All such commercial refuse collected hereunder shall
be disposed in a lawful manner.
SECTION 6.
DALL, its agents, servants and 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 prop-
erty 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 DALL and the area promptly cleaned up.
SECTION 7.
DALL 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 DALL, its agents, servants or
employees, within or without the City limits. DALL 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 prop-
erty damage incurred in connection with the performance by DALL, 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 occurence,
and for not less than $50,000 for damages to property per occurence.
SECTION 8.
DALL 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.
DALL 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, DALL shall have the right to discontinue
service for non-payment.
SECTION 10.
This franchise and the contract between the City and DALL shall be in full
force and effect for a period of two (2) years 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 DALL may be assignable to an affil-
iated company by DALL provided it has first obtained the consent of the
City Council of the City for such assignment.
• CITY OF CLERMONT
MISC. ORDINANCES
190-M
Page -3-
SECTION 11.
•
DALL shall pay monthly to the City a franchise fee established by
separate Resolution of the City of Clermont. DALL 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 DALL 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. DALL
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 appli-
cable with equal force to any additional lands hereinafter included
within the corporate limits of the City, and no such 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 rovided by law and it shall be-
come law and take effect on the day of ~~~?.(~/1-J 1987.
First Reading this ~~'` day of 1987.
Second Reading this /~ ~ day of J 1987.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, THIS /=~ ~~ DAY OF ~~j-t~,~ 1987.
CITY OF CLERMONT
BY : /= ~ ~ ~~
Ro ert A. Pool, Mayor
Attest:
J an Zi City C er