O-256-M
CITYOF CLERMONT
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MISCELLANEOUS ORDINANCE
256-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
GARBAGE COLLECTION FRANCHISE TO BROWNING-FERRIS
INDUSTRIES WASTE SYSTEMS, 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. "BFI" means Browning-Ferris Industries Waste Systems
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 BFI, 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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CITYOF CLERMONT
MISCELLANEOUS ORDINANCE
No. 256-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 BFI and BFI 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 BFI will be stored in standard
manufactured, mechanically serviced containers approved by the City;
BFI 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 BFI
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 BFI
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.
BFI, 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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CITYOF CLERMONT
MISCELLANEOUS ORDINANCE
No. 256-M
Page 3
SECTION 6.
BFI, 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 BFI and the area promptly cleaned up.
SECTION 7.
BFI 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 BFI, its agents, servants or employees, within or without the city limits. BFI 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 BFI, 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.
BFI 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.
BFI 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, BFI shall have the
right to discontinue service for non-payment.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
No. 256-M
Page 4
SECTION 10..
This franchise and the contract between the City and BFI shall be in full force and
effect until October 12, 1994 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 BFI may be assignable to an
affiliated company by BFI provided it has first obtained the consent of the City
Council of the City for such assignment.
SECTION 11.
BFI shall pay monthly to the City a franchise fee established by separate resolution of
the City of Clermont. BFI 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 BFI 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. BFI 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
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
No. 256-M
Page 5
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 provided by law and it shall become law and take
effect on this ~~~ day of ~ke,.zJ, 1993.
First Reading this 14th day of September, 1993.
Second Reading this 12th day of October, 1993.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, THIS DAY OF OCTOBER, 1993.
CITY OF CLERMONT
/~
ROBERT A. POOL, MAYOR
ATTEST:
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