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HomeMy WebLinkAboutOrdinance 13 Trash Collection System ORDINANCE # 13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO THE ABC GARBAGE SERVICE COMPANY TO OPERATE AND }1AINTAIN A GARBAGE AND TRASH COLLECTION SYSTEH IN TilE VILLAGE OF NORTH ORWIDO, FlDRIDA; SETTING FORTH CONDITIONS AND PRIVitLEGES ACCO}1P ANYING THE GRANT OF FRANCHISE, PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS; AND FOR OTliER PURPOSES. BE IT ORDAINED by the village Council of the Village of North Orlando: SECTION 1: SHORT TITLE. This ordinance shall be known and may be cited as the Village of North Orlando, Florida, Garbage and Trash Franchise. SECTION 2: DEFINITIONS: (a) The word "Collector" as used herein refers to the ABC Garbage Service Company. (b) The word "Village" as used herein 'f(efers to the Village of North Orlando, Florida. SECTION 3: GRANT OF AUTHORITY: In consideration for the undertaking by the Collector of furnishing a garbage and trash collection service to the area included in the Vii1.:J.ge, thEre is hereby [ranted by the village to the Collector the exclusive right and privilege to operate and maintain a garbage and trash service within the Village limits. SECTION 4: COMPLlANCESwITH APPLICABLE LAWS AND ORDINANCES: The Collector shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the village, and to such reasonable regulations as the Village shall hereafter by resolution or ordinance provide. SECTION 5: LIABILITY OF COLLECTOR; INDEMNIFICATION: It is expressly understood and agreed between the Collector and the Village that the Collector shall save the village harmless from all loss sustained by the Village on account of any suit, judgement, execution, claim or demand whatsoever resulting from negligence on the part of the Collector in the operation or main- tenance of its garbage and trash collection system in the village. The Village shall notify the Collector's representative as soon as possible after the presentation of any claim or demand, either by suit or otherwise, made against the Village on account of any negligence as aforesaid on the part of the Collector. SECTION 6: SERVICE STANDARDS: The Collector shall operate and maintain its garbage and trash collection service and render efficient service in accordance with this ord- inance, and particulat'ly without limitation in accordance with the following provisions: (1) Collections of garbage and trash will be made twice weekly at each location. (2) Cans, bottles, papers, yard trash, and garbage may all be put in the same disposal can. --- - (3) The collector will pick up and return the disposal cans to their regular storage places. (4) The Collector will be careful not to allow any gar- bage or trash to spill out and remain on the lawns or streett. -.., SECTION 7: RATES AND CHAJ.~ES: The cost of the services under this franchise to each residence shall be $1.50 per month, commercial or industrial serveces being rated individually under the approval of the Licensing Dept. of the Village. SECTION 8: COMPENSATION TO VILLAGE: In compensation for the granting of this franchise. the Collector agrees to pay the Village 10% of the gross billigg for each month by the end of the month following. SECTION 9: TERM OF FRANCHISE: 'rhis ordinance shall take effect and be in force from and after the passage hereof, as required by law, and shall con- tinue in force until the first meeting bf the Village Council in 1961. SECTION 10: ASSIGNMENT The Village hereby reserves the right to purchase the property of the Collector used under this grant as provided under the laws of the State of Florida, and as a condition precedent of the taking effect of' this grant the Collector gives and grants to the Village the right to purchase so reserved. However, the Collector is hereby given the right and author- ity tommake assignments of this franchise and the rights. privileges, and authorities granted hereby and all assignees upon the acceptance thereof shall be bound to the same extent as if they were originally named as the Collector hereunder. ~ SECTION 11: SEPARABILITY If any section" sub-section, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdic,ion, such portion shall be deemed a separate, distinct, and in- dependent provision and such holding' shall not effect the validity of the remaining portions hereof. SECTION 12: READINGS AND EFFECTIVE DATE 'Any requirement of reading this Ordinance on separate days be and the same is hereby dispensed with by the unanimous vote of the Village Councilmen of the Village of North Orlandor Florida. This Ordinance shall take effect immediately upon its passage and adoption by the Village Co~nci1. - PASSED THIS s1f DAY OF JANUARY, It2,(li. 'ttW C;, ~ (77~~j) ~ Vi1tv~= 'Clerk . ~/.(~.~ . yor ACCEPTED THIS ,~ DAY OF JANUARY, 4.