O-566-MCITY OF CLERMONT
ORDINANCE
No. 566-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE
COLLECTION FRANCHISE TO JOHNSON & JOHNSON ROLLOFF
SPECIALISTS, 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.
The City, acting by and through its City Council, hereby grants unto Johnson & Johnson, its succes$ors
and assigns, anon-exclusive right and privilege to operate a refuse collection system in, upon, over rand
across the present and future streets, alleys, bridges, easements and other public places of the City, I 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 Johnson & Johnson and Johnson & Johnson 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.
Johnson & Johnson shall be an independent contractor and shall enter into a contract with City that
provides, among other things, that Johnson & Johnson 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
Johnson & Johnson, its agents, servants or employees, within or without the city limits. Johnson &
Johnson will, within five (5) days from the adoption of this ordinance, cause to be written a polic}~ 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 Johnson &
Johnson, 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 $1,000,000 per person end
$3,000,000 per occurrence, and for not less than $100,000 for damages to property per occurrence.
SECTION 5.
Johnson & Johnson shall post with the City a good and sufficient cash or surety bond in the amounlt of
• $100,000 guaranteeing the faithful performance by it of all of its obligations and covenants under laid
contract.
CITY OF CLERMONT
ORDINANCE
No. 566-M
Page 2
SECTION 6.
This franchise and the contract between the City and Johnson & Johnson shall be in full force and e fect
until September 26, 2007 commencing immediately; and this franchise and contract shall thereafte be
automatically renewed from year to year unless terminated by either party upon not less than sixty 60)
days written notice.
SECTION 7.
Johnson & Johnson shall pay monthly to the City a franchise fee established by separate resolution o~'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 inchided
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 9.
All ordinances and/or parts of ordinances which are in conflict with this ordinance are hereby repelled
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 uporn its
second reading and Final passage.
First reading this 12"' day of August 2006
Second reading this 26"' day of September 2006
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
M COUNTY, FLORIDA, ON THIS 26TH DAY OF SEPTEMBER 2006.
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Harold S. Turville, Jr., Mayor
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