3070 ORDINANCE NO. 3070
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
CHAPTER 11 OF THE CODE OF THE CITY OF SANFORD ENTITLED
"GARBAGE, TRASH, WEEDS AND SOLID WASTE"; REQUIRING
REFUSE COLLECTORS TO OBTAIN A FRANCHISE AGREEMENT TO
PROVIDE COLLECTION OF COMMERCIAL WASTE WITHIN THE CITY
ON SERVICE AGREEMENTS ENTERED INTO ON OR BEFORE JUNE 24,
1991; PROVIDING DEFINITION OF TERMS "FRANCHISE
AGREEMENT", "FRANCHISE COLLECTOR" AND "REFUSE
COLLECTOR"; PROHIBITING THE COLLECTION OF COMMERCIAL
WASTE IN THE CITY BY REFUSE COLLECTORS AFTER OCTOBER 1,
1990, WITHOUT A FRANCHISE AGREEMENT; REQUIRING
APPLICATION FOR FRANCHISE AGREEMENT FILED BY AUGUST 26,
1991; PROVIDING AUTHORIZATION FOR FRANCHISE AGREEMENTS;
PROVIDING DUTIES OF A FRANCHISE COLLECTOR; PROVIDING
COLLECTION SERVICE OF FRANCHISE COLLECTOR; PROVIDING FOR
TRANSFERABILITY; PROVIDING FOR FRANCHISE FEE AND
ADMINISTRATIVE FEE; PROVIDING AUTHORITY TO MAKE
AMENDMENTS; PROVIDING FOR CODIFICATION, SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford has legislated
by Ordinance No. 3066 that all businesses and commercial establishments
located within the City will be required to have mandatory refuse pickup by
the City and pay charges to the City for such services beginning on October
1, 1991; and
WHEREAS, it is the intent of the City to require all refuse
collectors with Service Agreements for the collection of commercial waste in
the City entered into on or before June 24, 1991, to enter into a franchise
agreement with the City to allow the refuse collector to continue to provide
commercial collection services within the City until the expiration of the
present term of their Service Agreement; and
WHEREAS, it is necessary to impose a franchise fee on said
franchise collectors; and
WHEREAS, the City's Solid Waste Division of the Public Works
Department shall provide the commercial collection service to each
commercial establishment located within the City no later than the
expiration of the present term of the franchise collector's Service
Agreement with said commercial establishment.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA:
SECTION 1: That chapter 11, Article I, section 11-1, Definitions,
of the Code Of the City Of Sanford shall be amended to include the following
definitions:
Franchise Agreement. "Franchise Agreement" shall mean the
contractual agreement between the city and a refuse collector containing,
but not limited to the name of the person to perform commercial collection
service in the city; the term of the agreement; the consideration to be paid
for such agreement, and the method of payment; the service to be furnished;
insurance provisions; responsibilities and obligations of the parties
thereto; and such reasonable rules and regulations governing performance as
are deemed necessary to implement the provisions of Article I, herein.
Franchise Collector. "Franchise Collector" shall mean a refuse
collector who has executed a franchise agreement with the City and who is
required to perform commercial waste collection services under the
provisions of the franchise agreement.
Refuse Collector. "Refuse Collector" shall mean any person which
provides a service to remove solid waste from a designated storage point for
disposal at a separate location utilizing persons and specially designed
equipment for such purpose, excluding the Solid Waste Division of the City~e
Public Works Department.
SECTION 2: That Chapter 11, Article I of the Code of the City of
Sanford shall be amended to include the following:
Section 11-18. Franchise Agreement Required. No refuse collector
shall collect commercial waste in the City after October 1, 1991, without
having obtained a franchise agreement with the city.
Section 11-19. Application for Franchise Agreement Required. All
refuse collectors with Service Agreements for the collection of commercial
waste within the City, entered into on or before June 24, 1991, who desire
to continue to collect commercial waste within the City for the remainder of
the present term of the Service Agreement shall file a written application
for a franchise agreement with the City Clerk by August 26, 1991. Said
written application shall be made on a form provided by the City and shall
contain, at a minimum, the following:
(1) Name and address of the refuse collector.
(2) A list of each commercial establishments located within the
Ordinance No. 3070
City serviced by the refuse collector pursuant to a service
Agreement. A description of the type of service provided to each
establishment and the date the present term of each Service
Agreement will terminate.
(3) Complete copies of each and every Service Agreement that the
refuse collector has for collection of commercial waste within the
city.
(4) A description of the equipment to be utilized by the refuse
collector in the City.
(5) An agreement that the refuse collector will take all legal
steps necessary to terminate each Service Agreement for collection
of commercial wastes in the City upon expiration of the present
term of each Service Agreement and that the refuse collector will
not renew same.
Failure of a refuse collector to file the written application with
the City Clerk by August 26, 1991, shall bar the refuse collector from
obtaining a franchise agreement with the City and pursuant to Section 11-18
shall bar the refuse collector from collecting commercial waste within the
City after October 1, 1991.
Section 11-20. Franchise Agreement Authorized. The City
commission may enter into a franchise agreement with a refuse collector, who
has a Service Agreement for the collection of commercial waste within the
City entered into on or before June 24, 1991, and who has complied with the
requirements of Section 11-19, to allow the collection of commercial waste
within the City by the refuse collector for the remainder of the present
term of the Service Agreement of said refuse collector.
Said franchise agreement shall contain, at a minimum, the name of
the person to collect the solid waste generated within the City; the term of
the franchise agreement; the consideration to be paid for such franchise
agreement and the method of payment; the administrative fee, if any; a hold
harmless agreement; and such reasonable rules and regulations governing the
performance by the refuse collector as the City may determine are necessary
to implement the provisions of Article I, herein. The term of the franchise
agreement shall not exceed the length of time remaining in the present term
of the refuse collector's Service Agreement.
Section 11-21. Duties of a Franchise Collector. The franchise
collector shall perform, at a minimum, the following:
Ordinance No. 3070 --3--
(A) collect and remove all properly contained or bundled
commercial waste generated by the franchise collector's customers
within the City.
(B) carry out and perform all applicable provisions of the
franchise agreement.
(C) Grant the City the right to conduct a financial audit
performed by an accountant, in accordance with generally accepted
accounting principles, whenever determined necessary by the City.
(D) Provide access to the City or its designee, upon reasonable
notice, to all records with respect to the franchise agreement and
keep complete records showing all sales in the city of such
service, by volume, which records shall show the price charged for
such service, the date thereof and the date of payment therefor,
and such records shall be kept open for inspection by the duly
authorized agents of the City during business hours on all
business days, and duly authorized agents of the City shall have
the right, power and authority to examine such records and make
transcripts thereof upon reasonable notice.
(E) Furnish the City with a certificate or certificates of
insurance with respect to liability coverage as follows: Motor
Vehicle liability insurance, insuring against bodily injury and
property damage in at least the amounts of $100,000.00 per
claimant, $200,000.00 per occurrence, or such higher limits as may
be required by the City upon the advice of its insurance carrier.
Section 11-22. Collection Service of Franchise collector. The
frequency, type, and nature of the collection service of commercial waste
shall be as established individually between the person controlling the
commercial real property and the franchise coliector and shall be in
compliance with this cede, and all applicable State and Federal Law.
Section 11-23. Transferability. No franchise agreement shall be
transferred or assigned to another person without first obtaining approval
of the City commission.
Section 11-24. Franchise Fee; Administrative Fee. Each franchise
collector shall pay to the City a franchise fee. The amount of the
franchise fee and the terms and conditions of payment shall be established
by separate Resolution by the City Commission and shall be incorporated into
each franchise agreement pursuant to Section 11-20 of Article I.
Further, the City commission may impose an administrative fee on each
franchise collector to defray administrative expenses of the City associated
with said franchise agreements.
Ordinance No. 3070 --4--
Section 11-25. Authority to make amendments. The city reserves
the right to amend Article I in any manner necessary for the health, safety,
or welfare of the public, and the City reserves the right, in the public
interest, from time to time to prescribe by resolution, reasonable rules and
regulations governing franchise collectors.
SECTION 3: Codification. That this Ordinance shall be codified
and made a part of the City Code of Ordinances.
SECTION 4: Severability. If any section or portion of a section
of this ordinance proves to be invalid, unlawful or unconstitutional it
shall not be held to impair the validity, force or effect of any other
section or part of a section of this ordinance.
SECTION 5: Conflicts That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby revoked.
SECTION 6: Effective Date. Shall become effective immediately
upon its passage and adoption.
PASSED AND ADOPTED this/J~day of ~X~ , A.D. 1991.
ATTEST:
~i'ty Cler~k r ~
~ ~/~[
C~ty Commission of the
City of Sanford, Florida.
Ordinance No. 3070 --5--
CERTIFICATE
I~ Janet R. Donahoe, City Clerk of the City of
Sanford, Florida, do hereby certify that a true and
correct copy of the foregoing Ordinance No. 3070, PASSED
and ADOPTED by the City Commission of the City of
Sanford, Florida, on the 12th day of August, 1991, was
POSTED at the front door of the City Hall in the City of
Sanford, Florida, on the 13th day of August, 1991.
In witness whereof, I have hereunto set my hand and
the seal of the City of Sanford, Florida, this 14th day
of August, 1991.
~he City Clerk of the
City of Sanford, Florida
Ordinance No. 3070 --6--