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O-147-MCITY OF CLERIJONT MISC. ORDINANCES No. 147 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO SOUTH LAKE RE- FUSE SERVICE, 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. "SLR" means South Lake Refuse Service, 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. "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 SLR, 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 collect- ing 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 SLR and SLR will agree to collect and dispose of all commercial refuse other than that collected by the City pursuant to Section 3 of this Ordinance. Ail commercial waste to be picked up by SLR will be stored in containers having a minimum capacity of two cubic yards; SLR will supply such containers as needed by respective customers. B. Size of containers and frequency of service will be determined between SLR and each particular customer. The rates for each individual customer are to be negotiated, between SLR 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. CITY OF CLERMONT MISC. ORDINANCES No. 147 -M SECTION 5. SLR, its agents, servants or employees shall collect refuse collected here- under in enclosed, modern, packer-type vehicles, and shall perform their obligations hereunder in a workmanlike manner so as not to create anuisance for any of the resi- dents of the City. Ail such commercial refuse collected hereunder shall be disposed of in a lawful manner. SECTION 6. SLR, 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 haul- ing for disposition on any private property or puhlic th~oughfare 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 SLR and the area promptly cleaned up. SECTION 7. SLR 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 SLR, its agents, servants or employees, within or without the City limits. SLR 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 in- curred in connection with the performance by SLR, 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. SLR 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. SLR 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, SLR shall have the right to discontinue service for non-payment. SECTION 10. This franchise and the contract between the City and SLR shall be in full force and effect for a period of four (4) years commencing immediately; and this franchise and contract shall thereafter be automatically renewed from year to year unless termi- nated 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 SLR provided it has first obtained the consent of the City Council for such assignment. SECTION 11. SLR shall pay monthly to the City a five (5%)percent franchise fee based upon gross revenues received for refuse operations in the City. SLR agrees to provide an annual audit report to the City showing gross annual revenues received during the preceding calendar year, if requested by the City. CITY OF CLEP~ONT MISC. ORDINANCES No. 147 -M SECTION 12. 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 exe- cuted under the authority of this Ordinance. SECTION 13. 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 14. This Ordinance shall be published as provided by law and it shall become law and shall take effect on the 9th day of November , 1982. First Reading this 12th day of October , 1982. Second Reading this 9th day of November , 1982. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 9th DAY OF November , 1982. ATTEST: · ~Braadt, City Clerk CITY OF CLERMONT APPROVED by me this 9th day of November , 1982. CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 147 -M was published on the 21 day of October , 1982 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 14 days prior to the Second Reading and Final Adoption of this Ordinance. ~ J~ie M. Brandt, C~ty Clerk