O-479-M
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City of Clermont
MISCELLANEOUS ORDINANCE
No. 479-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAIΠCOUNTY, FLORIDA, GRANTING A GARBAGE
COLLECTION FRANCHISE TO CONTAINER RENTAL COMPANY, 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. "Container Rental" means Container Rental Company, 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 us.
SECTION 2.
The City, acting by and through its City Council, hereby grants unto Container Rental, 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 that two times per week.
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No. 479-M
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SECTION 4.
The City hereby grants a non-exclusive ftanchise to Container Rental and Container Rental 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 Container Rental will be stored in
standard manufactured, mechanically serviced containers approved by the City;
Container Rental will supply such containers as needed by customers. Locations
of containers are subject to City approval.
B. Size of containers and ITequency of service will be agreed upon by Container
Rental 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 Container
Rental 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
changes.
SECTION 5.
Container Rental, 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.
SECTION 6.
Container Rental, its agents, servants or employees shall reftain ftom 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 Container
Rental and the area promptly cleaned up.
SECTION 7.
Container Rental, 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
Container Rental, its agents, servants and employees, within or without the city limits. Container
Rental will, within five (5) days ITom the adoption of this ordinance, cause to be written a policy
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No. 479-M
Page 3
· 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 perfonnance of
Container Rental, 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 per
occurrence.
SECTION 8.
Container Rental shall post with the City a good and sufficient cash or surety bond in the amount
of $5,000 guaranteeing the faithful perfonnance by it of all of its obligations and covenants
under said contract.
SECTION 9.
Container Rental 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, Container Rental shall have
the right to discontinue service for non-payment.
SECTION 10.
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This franchise and the contract between the City and Container Rental shall be in full force and
effect until March 9, 2005, commencing immediately; and this &anchise and contract shall
thereafter be automatically renewed &om year to year unless tenninated by either party upon not
less than sixty (60) days written notice sent via U.S. registered or certified mail, return receipt
requested, to the other party prior to the end of any annual period. This &anchise and the
contract between the City and Container Rental may be assignable to an affiliated company by
Container Rental provided it has fIrst obtained the consent of the City Council of the City for
such assignment.
SECTION 11.
Container Rental shall pay monthly to the City a &anchise fee established by separate resolution
of the City of Clennont. Container Rental agrees to provide an annual edit 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 &om the first billing shall be paid within 30
days of this Agreement.
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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 Container Rental 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. Container Rental shall have 30 days following the notice to correct a default.
SECTION 14.
This ordinance and the ftanchise 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 &om the corporate limits as the same presently exist, shall invalidate this ordinance or
the &anchise 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 IS.
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 the law and it shall become law and take effect
on this 13<" day of fÝ\Cl'c.h.. , 2004.
PASSES AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, THISél&:dDAY OF m(j{('J., 2004.
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TraC;'~ckrOY ,City Clerk