O-134-M¢lT~ OF Cr. ERMONT
MISC. ORDINANCES
ORDINANCE NO . 13 4-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING
A GARBAGE COLLECTION FRANCHISE TO DUMP-ALL, 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
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. "DAI" means DUMP-ALL, INC.
"Refuse" includes all garbage and other trash generated
by the citizens of the City and businesses within the City.
"Residential Refuse" is that refuse generated by residents
of the City.
"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.
SECTION 2.
The City, acting by and through its City Council, hereby grants unto
DAI, 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 DAI and DAI will agree
to collect and dispose of all Commercial Refuse other than that collected by the City
pursuant to Section 4 of this Ordinance.
Ao
Ail Commercial Waste to be picked up by DAI will be
stored in containers having a minimum capacity of two
cubic yards; DAI will supply such containers as needed
by respective customers.
Size of containers and frequency of service will be
determined between DAI and each particular customer.
MISC. ORDINANCES
Ce
The rates for each individual customer are to be negotiated,
between DAI 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.
DAI, its agents, servants or employees shall collect Refuse collected
hereunder in enclosed, modern, packer-type vehicles, and shall perform their obligations
hereunder in a workmanlike manner so as not to create a nuisance for any of the
residents of the City. Ail such Commercial Refuse collected hereunder shall be
disposed of in a lawful manner.
SECTION 6.
DAI, its agents, servants and employees, shall refrain from and take
all steps necessary to prevent spilling of any such Refuse in the process of collect-
ing 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 DAI and the area promptly
cleaned up.
SECTION 7.
DAI 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 DAI, its agents, servants or employees, within or without the
City limits. DAI 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 DAI, 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.
DAI shall post with the City Clerk of the City a good and sufficient
cash or surety bond in the pneal sum of $5,000.00 guaranteeing the faithful performance
by it of all of its obligations and covenants under said contract.
SECTION 9.
DAI 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,
DAI shall have the right to discontinue service for non-payment.
SECTION 10.
This franchise and the contract between the City and DAI shall be in
full force and effect for a period of six (6) 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 DAI may be
assignable to an affiliated company by DAI provided it has first obtained the consent
of the City Council of the City for such assignment.
CITY OF CLF, MIO[tT
MISC. ORDINANCES
SECTION 11.
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 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 12.
Ail Ordinances and/or part of Ordinances which are in conflict with
this Ordinance are hereby repealed and same shall be of not further force and effect.
SECTION 13.
This Ordinance shall be published as provided by law and it shall become
law and shall take effect on the 9 day of September , 1980.
First Reading this 12 day of Auqust
, 1980.
Second Reading this 9 day of September , 1980.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS 9 DAY OF September , 1980.
CITY OF CLERMONT
ATTEST:
S~[NDRA O. ROZAR,
BY: CLAU~OR
APPROVED by me this 9 day of
September , 1980.
Mayor
CERTIFICATE OF PUBLICATION
I HEREBY CERTIFY that a certified copy of the foregoing Ordinance
No. 134-M was published on the 21 day of August , 1980 in a
newspaper of general circulation located within the City of Clermont,
as required by Florida Statutes 166.041 (3) (a), said date of publication
being 20 days prior to the Second Reading and Final Adoption of this
Ordinance.
SANDRA O. ROZAR ~ City Clerk