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O-567-MCITY OF CLERMONT ORDINANCE • No. 567-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO METRO WASTE SERVICES 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. The City, acting by and through its City Council, hereby grants unto Metro Waste, its successors i~nd assigns, anon-exclusive right and privilege to operate a refuse collection system in, upon, over i~nd 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 2. The rights granted herein shall specifically not include: A. the collection and disposal all residential refuse; B. the collection and disposal of all commercial refuse generated by establishments which: (i) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 • gallons and/or (ii) require service two or less times per week. SECTION 3. The City hereby grants anon-exclusive franchise to Metro Waste and Metro Waste will agree to collect and dispose of commercial refuse other than that described in Section 3 of this ordinance under the conditions set forth in this ordinance and in the Franchise Agreement attached hereto and incorporated herein as Exhibit "A". SECTION 4. Metro Waste shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Metro Waste shall covenant to hold harmless and indemnify the City for any and all damages, including attorney fees, arising out of directly or indirectly and/or by virtue of any claim, whether actual or threatened, of whatsoever nature resulting from the activities of Metro Waste, kts agents, servants or employees, within or without the city limits. Metro Waste will, within five (5) da~s 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 Metro Waste, its servants, agents, and employees, of the services required under this ordinance and the franchise hereby granted, which said policy shall pe written within limits of $1,000,000 per person and $3,000,000 per occurrence, and for not less thin $100,000 for damages to property per occurrence. SECTION 5. Metro Waste shall post with the City a good and sufficient cash or surety bond in the amount of $100,0(j0 guaranteeing the faithful performance by it of all of its obligations and covenants under said contract. CITY OF CLERMONT ORDINANCE No. 567-M Page 2 a SECTION 6. This franchise and the contract between the City and Metro Waste shall be in full force and effect until September 26, 2007 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 a60) days written notice. SECTION 7. Metro Waste shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont. SECTION 8. 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 corpo~ate 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 9. All ordinances and/or parts of ordinances which are in conflict with this ordinance are hereby repealed and same shall be of no further force and effect. • SECTION 10. This ordinance shall be published as provided by law, and it shall become law and take effect upon its second reading and Final passage. First reading this 12`x' day of September 2006 Second reading this 26`x' day of September 2006 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 26 ~" DAY OF SEPTEMBER 2006. -~~~-~~~ 1=Iarold S. Turville, Jr., Mayor ATT T: Tracy Ac oy ,City Cler . ., .