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HomeMy WebLinkAboutOrdinance 227 H&W Refuse ORDINANCE NO. 227 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE RENEWAL OF THE REFUSE CONTRACT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA, AND H. & W. REFUSE SERVICE, INC.; SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Section 4.14 of the City Charter the City can only renew or extend a franchise by Ordinance. WHEREAS, H. & W. Refuse Service, Inc. has requested the refuse franchise agreement/contract with warrants thereto between the City and H. & W. Refuse dated Jan. 1, 1981 pursuant to the terms contained therein. WHEREAS, the City has determined that it would be in the best interests of the City to renew such franchise and that the service provided has been satisfactory. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - that pursuant to the terms contained in the Agreement between the City of Winter Springs, Florida and H. & W. Refuse Service, Inc. dated Jan 1, 1981 (a copy of which is attached hereto) the City Council hereby authorizes the renewal of said franchise pursuant to all terms and conditions of aforesaid agreement dated SECTION II - the Mayor is authorized to execute such documents as are necessary to extend or renew such franchise. SECTION III - this ordinance shall take effect January 1, 1981. SECTION IV - Severability: If any section or portion of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of the remainder or intent of this ordinance. SECTION V - All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED and ADOPTED this 23 day of December,1980. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS To Hhom It May Concern: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing on Tuesday, December 9, 1980, at 7:30 p. m. or as soon thereafter as possible, to consider the adoption of the following ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUfHORIZING THE RENEHAL OF THE REFUSE CONTRACT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA, AND H. & W. REFUSE SERVICE, INC.; SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same prior to the hearing. All interested parties are invited to attend and be heard. Dated this 12th day of November, 1980. City of Winter Springs, Jr~ut ~ 'jz~ Mary T. Norton, City Clerk f t $, l' ~ of""!'" I ^.'; ~ {>.'~ REFUSE CONTRACT THIS AGREEMENT, made and entered into, in duplicate, effective this 1st day of January, 1981, by and between the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the CITY, and H. & W. REFUSE SERVICE, INC., whose address is P. O. Box 153, Longwood, Florida 32750, here- inafter referred to as Contractor. WITNESSETH: THAT WHEREAS, it is the desire of the parties hereto to provide house- hold and commercial refuse and trash collection services to the residents and business enterprises of the City; and WHEREAS, the Contractor realizes that it is acting on behalf of the City in providing the service of household and commercial refuse and trash collection and as such it will direct its employees to conduct themselves with the standards of conduct required of City employees, and, furthermore, to utilize generally accepted public relations techniques in the performance of its duties; and WHEREAS, it is the intent of this Agreement to give the Contractor the exclusive right to pick up household and commercial refuse and trash from all residential and business locations; NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions herein contained and other valuable considerations, together with the sum of TWENTY-FIVE ($25.00) DOLLARS in hand paid by each party unto the other, receipt of which is hereby acknowledged, the parties hereby agree as follows: I. TERM OF AGREEMENT. This Contract is an exclusive franchise agreement to operate within the confines of the limits of the City of Winter Springs, Florida. The term of this Agreement shall be for three (3) years, commencing on the first day of January, 1981, and ending at midnight on December 31, 1983. The contractor shall have the right to have this franchise renewed for one (1) additional two (2) year period. Contractor shall give the City Council ninety (90) days written notice of intent to renew prior to expiration hereof. Notwithstanding the stated term of this Agreement, the same may be terminated by the City if Contractor's services are considered unsatisfactory, subject, however, to first giving Con- tractor a minimum of ninety (90) days written notice of not only its intent to cancel the contract but also stating the reasons why the City considers Contractor's services unsatisfactory and giving Contractor a reasonable opportunity to correct these deficiencies. II. DUTIES OF CONTRACTOR. The Contractor promises to perform its duties in a good and workmanlike manner in strict compliance with the Specifi- cations for the collection of refuse (garbage) and trash, as set forth in Exhibit A attached hereto and incorporated herein by reference as though set forth in full at this place, which Specifications shall be binding on the parties hereto. III. FIRST PRIORITY. In the event that Contractor experiences equip- ment failure or personnel problems in the operation of its total operation, Con- tractor agrees to give top priority in the assignment of equipment and personnel to all routes within the City. IV. CONTRACTOR'S EXCLUSIVE RIGHT TO SERVICE RESIDENTIAL DWELLINGS. Contractor shall have the exclusive right and duty to contract with all single family or residence units for the collection of household refuse and yard trash. In accordance with the duties of the Contractor set forth in Paragraph II above, no pickup schedule shall be less than that provided in the Specifications attached hereto as Exhibit A. V. BUSINESS AND COMMERCIAL COLLECTIONS. The Contractor shall have the exclusive right and duty to contract with all business and commercial estab- lishments within the City and agrees that all types of refuse and/or trash will be picked up from business places within the City of Winter Springs, Florida, by special contract between the Contractor and customer only; that the charges for such services, place of collection, quantities and items shall be by special commercial collection contract. The rates charged shall be set by City Council and commercial rates shall be categorized as: A. Commercial/Business B. Commercial/Condominium VI. CHARGES (A) Residential. Contractor, at no cost to the City shall make direct billings and collect payment for its services from such single family or residence units. Except as hereinafter provided, the maximum charge for service level described on specifications attached hereto as Exhibit A shall be six dollars ($6.00) per month, per family or residence unit for curbside service. Side or backyard service shall only be available to disabled persons classified as such per Florida Statute criteria. The fee for side or backyard service -2- shall be six dollars ($6.00). All fees shall be payable to the contractor by the customer upon a quarterly basis in advance at the beginning of each quarter on or before the 15th of the next succeeding month, the first quarterly payment beginning January 1, 1981. All increases in overhead or direct operating costs, however, may be passed on to the above mentioned customers after an application for a rate increase has been submitted to and approved by the City. Such rate increase applications may be submitted first day of June and first day of January of each year. If, however, the City denies said request or fails to act on said request within thirty (30) days, then at Contractor's option this contract may be canceled effective ninety (90) days from date of denial notification. (B) Commercial. The charges by contract for business and commercial establishments shall be set by City Council for categories stipulated in paragraph V of this contract. (C) Books. The Contractor shall maintain good and accurate books of account reflecting the residences and businesses from which collections are made and the payments received therefrom and agrees that said books of account as they pertain to the City of Winter Springs, Florida, shall be open to inspection by authorized City officials at any reasonable time. VII. PERFORMANCE REQUIREMENTS. The Contractor hereby guarantees performance hereunder in accordance with the specific requirements of the State of Florida Sanitation Code and any City Ordinances now in effect or hereafter named. Contractor acknowledges that it is thoroughly familiar with the Florida Sanitation Code and intends to abide by their specific terms. VIII. WORKMEN'S COMPENSATION. The Contractor shall at all times keep fully insured, at its own expense, all persons employed by it in connection with this contract as required by the laws of the State of Florida. Contractor will hold the City free and harmless from any and all liabilities that may arise by reason of the injuries to any employees of the Contractor who are injured while performing any work or labor necessary to carry out the provisions of this contract. Contractor shall file with the City Clerk a certificate of insurance together with the receipts for the payment of premiums for the term of the required policy. IX. ASSIGNMENT OF CONTRACT. The contract entered into herein shall not be assignable without the written consent of the City Council, such consent not to be unreasonably withheld. --3- X. LAWSUITS. It is expressly understood and agreed; the Contractor is in all respects an independent Contractor as to all work to be performed hereunder, notwithstanding that directions will be forthcoming from the City, its employees and/or agents. Contractor shall pay any judgment which may be obtained against the City, either alone or jointly with said Contractor, its agents or employees, for injury or damages to persons or party by reason of the performance or nonperformance of the terms of this contract; provided that if the City alone be sued for such injury or damage, notice in writing shall be given to the Contractor to appear and defend such action. XI. WAIVERS. No acquiescence, failure, or neglect of either of the contracting parties to insist on strict performance of any or all of any term or condition of the contract, or any performance required thereunder, or of any remedy, damages, or other right arising out of such refusal, neglect or inability to perform at any time shall not be construed to waiver or alter any provision of the contract. XII. SEVERABILITY. Should any part, clause, provision, or condition of this Agreement be held to be void, invalid, or inoperative by any Court of competent jurisdiction, then such invalidity shall not affect any other provisions hereof, and the remaining provisions shall be effective as though such invalid part, clause, provision, or condition had not been so made. XIII. MUTUAL AGREEMENT. Each of the parties hereto agrees that the within Agreement and each and every term thereof are all of the terms existing between the respective parties, and that said Agreement shall only be amended, supplemented, or altered in writing by each of the parties through their duly authorized representatives. It is further mutually agreed between the parties that the territory covered by the provisions of this Collection Agreement cover all territory within the municipal limits of the City of Winter Springs, Florida, and any areas sub- sequently annexed, shall be secured within a period of sixty (60) days from the date of annexation, pursuant to the terms of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed and their seals affixed the day and year first above written. -4- REFUSE CONTRACT JANUARY 1, 1981 CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK SEAL: Signed, sealed and delivered in the presence of: Jan L. Braddock Mary N. Wilson As to the City. H.& W. REFUSE SERVICE, INC. By: PRESIDENT ATTEST: SECRETARY SEAL J.R. Bradshaw Richard Rozansky As to contractor --5-- SPECIFICATIONS FOR THE COLLECTION OF REFUSE (GARBAGE) AND TRASH All work done and services rendered shall be in accordance with the following specifications: I. DEFINITIONS City is the City of Winter Springs, Florida. Contractor is the person, firm or corporation having a contract with the City of Winter Springs, Florida for the work mentioned in these specifications. II. FREQUENCY OF COLLECTION All refuse shall be collected at frequencies not less than those specified in these rules and regulations. The frequency of collection currently establish- ed is as follows: A. Refuse and Trash - twice each calendar week. The Contractor shall make the pick ups on the same day each week for each unit. If the normal pick up day falls on a specified holiday, the refuse and trash will not be picked up until the next regularly scheduled pick up. Refuse and trash will not be collected on January 1, 1981, November 26, 1981, and December 25, 1981, due to the closing of Seminole County disposal sites. The contractor shall, no later than December 15 of each year, notify the City and customers of the following year's holidays. Any changes must be submitted to and approved by City in advance. B. Special Haul Service - For items requiring special handling due to size, weight, type of material, or method of placement, the charges are to be negotiated between Contractor and generator prior to collection. If agreement cannot be reached, the matter may be submitted to the City, and the City's decision shall be binding. Ill. PERIOD OF COLLECTION - All collection of refuse shall be made during the following hours: A. All collections must be made between the hours of 7:00 A. M. and 7:00 P. M., unless otherwise permitted by the City. IV. PLACE OF DISPOSAL The Contractor, under this notice, must contemplate the removal and disposal of such refuse at a place and in a manner to be devised by the Contractor, but outside the City of Winter Springs. Contractor must be prepared to prove to the satisfaction of the City Administration that he is in a position to provide such place of disposal for the period covered by this contract. V. VEHICLES USED AND CARE REQUIRED A. All trucks, trailers, and other conveyances or equipment used to collect refuse shall at all times be kept clean, in good repair, and well painted, to the satisfaction of the City Administration. The collector's name or firm name, truck number, together with his telephone number shall be printed or painted in legible letters on both sides of all trucks and conveyances used to collect refuse. B. Collection Vehicles - Type All refuse collection vehicles shall be of a load packing variety capable of accommodating refuse up to twenty-four inches in length, with watertight bodies so that no material shall leak or be spilled from the vehicles on the streets or alleys of the City of Winter Springs. C. Equipment Maintenance and Inspection Contractor shall make available for inspection by the City his collection vehicles after receiving forty-eight hour written notice of same. The inspection will include mechanical, sanitary and aesthetic factors. Deficiencies will be required to be corrected. D. Contractor's Responsibility for Cleanliness of Operation Refuse vehicles shall not be stored within the boundaries of the City for more than two hours without the specific permission of the City Ad- ministration having been previously obtained, unless prevented from moving by mechanical difficulties. Under no circumstances are collection vehicles to be regularly stored within the City limits. The Contractor shall be responsible for cleaning from the streets and collection places all refuse spillage resulting from the Contractor's operation. Each truck shall be equipped with an adequate shovel and broom for this purpose. In addition, the Contractor shall be responsible for removing and cleaning all oil, grease, paint, glass or other substance upon the public streets due to equipment failure or refuse leakage re- sulting from refuse operations. E. Personnel - Refrain from Use of Profanity Contractor's employees, in the performance of the duties herein called for, shall refrain from the use of profanity, loud talk or boisterous conduct which may annoy householders, and all work done pursuant to these speci- fications shall be carried on with the least possible disturbance or annoyance to residents of the City. -2- VI. PLACING OF REFUSE AND TRASH A. Residential and Commercial Refuse Any and all types of refuse shall be picked up from each residential and commercial unit, pursuant to the rates charged. Loose refuse shall be cut, bundled and tied. B. Trash Any and all types of trash shall be picked up at curb side, or equivalent location on unpaved streets, from each residential and commercial unit. Trash shall be cut, bundled and tied to insure safe and efficient pick up. C. In all cases of collection, the contractor shall carefully replace containers in an upright position, covers in place in their proper location after emptying. The collector, his agents and employees shall not throw containers to the ground, or in any other way break or damage or roughly handle same. VII. ROUTES AND CHANGES In the event the Contractor changes his current schedules or furnishes services to a new area, he shall prepare and file with the City Administration a complete map of the refuse disposal district or districts within the City of Winter Springs. He shall indicate thereon in an appropriate and easily under- standable manner and to the satisfaction and approval of the City Administration the days on which collections of refuse shall be made throughout the City. How- ever, contractor shall endeavor to maintain existing collection scheduling. Contractor at his own expense shall disseminate to the public by such means as may be determined by the City Council to be necessary, the districts and streets and the days of the week on which refuse and trash shall be collected, and the regulations governing such collection, and shall furnish to the City an adequate supply of such information. Such published notice shall first be submitted to and approved by the City Administration of the City of Winter Springs. Similar notices shall be published upon the making of any subsequent changes in collection schedules. Any other type of change affecting collection service shall also be published and communicated to the public as required in a manner approved by the City Administration. -3- VIII. WORK TO BE DONE UNDER DIREGrION OF CITY COUNCIL OF THEIR DESIGNATED REPRESENTATIVE All questions relating to the interpretation of the agreement and these specifications and the duties of the contractor hereunder shall be determined by the City Councilor their designated representative. Contractor shall take steps to assure City that a single individual will be assigned to act as liason with the City of Winter Springs. IX. INSURANCE AND BONDS A. Liability and Insurance: Additionally to and independently of all other provisions of this Agreement, CONTRAGrOR shall, at its own cost and expense, forwith after the execution hereof, procure a policy or policies of com- prehensive public liability and property damage insurance, with limits of not less than $300,000.00 for injuries to or death of any one person and $500,000.00 for injuries to or death of any two or more persons, and $100,000.00 for damage to one individual's property and $200,000.00 for two or more persons' property damage, issued by in- surers either approved in writing by the CITY or rated in Best's as "AAA" or better, whereof CITY shall be the named or additionally named insured. The terms of said policies may be for such period as shall be designated by CITY; provided, however that within two (2) months prior to the expiration of such insurance terms, CONTRAGrOR shall procure other policies of said insurance so that between the execution of this Agree- ment and the commencement of the Agreement, and throughout the entire contract term or any renewal thereof, or until the sooner termination hereof, CITY shall always be named insured under the policies of com- prehensive public liability and property damage insurance in accordance with the foregoing. Certificates of said insurance, together with the receipts for the payment of premiums for the term thereof, shall be de- livered to CITY within ten (10) days after the execution of this Agree- ment, and thereafter within thirty (30) days prior to the expiration of the term of each such policy. Said policies shall contain a non-cancel la- tion-without-notice clause and shall provide that copies of all can- cellation notices shall be sent to CITY. -4- B. Bond: Contractor shall post with the CITY and keep in full force and effect during the term of the Agreement a performance bond issued by a nationally recognized surety company which will guarantee the full and faithful performance of the terms and conditions of this Agreement in the amount of $ three (3) months of collections. X. ASSIGNMENT OF CONTRACT which is the average figure for The contract entered into herein shall not be assignable without the consent of the City Council and shall be assignable only upon such terms and conditions as the City Council may require. XI. RATES AND CHARGES Maximum rates chargeable to customers shall be established by contract between the City of Winter Sprinc;s, Florida, and Contractor. However, no charge shall be made for collection of refuse or trash from any City building or any City containers located within the City of Winter Springs. -5- TELEPHONE (305) 327-1800 I:ecember 23> 1980 To: Mayor/Council Reference: H & vI Contract/Specifications. Recommend the fOllowing changes/additions be wade to the Contract/ Specifications. A. Specifications for Collection 1. Reference Section II A. Delete the word "Council" from the last sentence. 2. Change Section II B. to read: B. Special Haul Service: For items requiri-11g special handling due to size> weight> type of material, or method of placement, the charges are to be negotiated between Contractor and generator prior to collection. If agreement cannot be reached, the matter may be submitted to the City, and the City's decision shall be binding. B. Refuse Contrac~ Reference Section V. .. 'Ihe contractor has requested Council approve the following rate schedule for the two classifications of commercial. A. Cornmercial/Business : Per r.1onth tomer Size Pickup Per Wk. Xl 22.00 30.00 45.00 66.00 go.oo Pickup Per ~Jk X2 7.00 36.00 72.00 108.00 144.00 17. Yd. 2 Yd. 4 Yd. 6 Yd. 8 Yd. NOIE: A base fee of $2.00 per yard after the first pick-up is utilized for computation. ,._..<.,.._~..._---,,---------_.._.." -PICKUP TABIE- 2 Per vlli/9 Per I~. 3 Per Hk/13 Per r1o. 4 Per Wk/l7 Per rr1). \ 5 Per \'Jk!21 Per lV!n. Example: A 4 Yd. container that is to be picked up 3 times per week - 13 (pickups per mo.) X Box Size (4yd.) = Yds. per r>'fonth = 52 (Total Yds. X $2.00 (Cost per Yd.) = $104.00 per month. B. Corrrnercial/Condominium. 1. rtdnimum of 2 pickups per week. Container Pickup Per Size Week - X 2 X 3 1~ Yd. $27.00 $39.00 2 Yd. $32.00 $45.00 4 Yd. $64.00 $93.00 6 Yd. $96.00 $139.00 8 Yd. $138.00 $187.00 Nom: Fees are based on $2.00 per yard after the first pick-up. Exarrple: A 4 yard container that is to be picked up 3 t1rres per week -- 13 (pickups per mo.) X Box Size (4 Yd.) X $2.00 (Cost per yard) = $104.00 - 11% = $93.00 per month. ~ Reference Section: VI A. Change to read: (A) Residential. Contractor, at no cost to the City . shall make direct billings and collect payment for its services from such single faIT'JJ.y or residence units. Except as hereinafter provided, the rraxiIm.m1 charge for service level described on specificatio:ns attached hereto as Exhibit A shall be six dollars ($6.00) per mnth, per family or residence unit for curbside service. Side or backyard service shall only be available to disabled persons classified as such per Florida Statute criteria. The fee for side or backyaro service shall be six dollars ($6.00). All fees shall be payable to the contractor by the customer upon a quarterly basis in advcmce at the beginning of each quarter on or before the 15th of the next succeeding month, the first quarterly payment beginning JanU8.rlJ 1, 1981. All increases in overhead or direct operating costs, however, rrBY' be passed on to the above rr.entioned customers after an application for a rate increase has been subrr.d. tted to and approved by the City. Such rate increase applications rr...ay be- subIPitted first day of June and first day of January of each year. If, however, the City denies said request or fails to 'act on said request within thirty (30) days, then at Contractor's option this contract may be canceled effective ninety (90) days from date of dep.ial notification. (2:'nzmlliky, ~er RR/jb. REGULAR SESSION CITY COUNCIL CITY OF WINI'ER SPRINGS IECEMBER 23, 1980 80-81-8 'The Regular Session of the City Council of the City of Winter Spr:ings, Florida, was called to order by Mayor Troy Piland. The invocation was given by City Manager Richard Rozansky. The pledge of allegiance to the flag ~Tas led by Attorney Wallace Stalnaker. Roll Call: Councilmen': IvIayorTroy Piland, present ~puty 'Mayor John Torcaso, absent (ill)' City Manager Richard Rozansky City. Attorney Wallace Stalnaker Jim Hartman, present Wilfred Arnold, present, Martin Trencher, present Maureen Boyd, present Approval of Minutes of December 9, and December 15, 1980: I'btion was made by Councilman Arnold to approve the minutes of ~cernber 9, and December 15, 1980. Seconded by CounciJ.mm Trencher. Vote on the motion: Councilman Torcaso, absent; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; mtion carried. Public Input: Mr. John Ben.Ylett, 928 Wedgewood Dr. N. reported he had not received an answer to his question as to who is responsible for maintaining the city's right-of-ways. City Attorney Stalnaker stated the city is responsible for maintaining the right- of-ways to prevent accidents and to protect the health, safety and welfare of the citizens, but as far as day-to-day maintenance, the city is not responsible. rrIr. Bennett is particularly interested in finding out who is responsible for the mole crickets which are on the right-of-ways. The City Attorney will look into this. ' There was discussion on, Ordinance No. 229 and 230. ~ Consent Agenda: A. Resolution No. 336, Division of Lot I, Blk. 1, N. Orlando Ranches Sec. 5. B. Resolution No. 337, Division of Lot 2, Blk. 1, North Orlando Ranches Sec. 5. C. Resolution No. 338, Division of Lot 3, Blk. 1, North Orlando Ranches Sec. 5. D. Resolution No. 339, Division of Lot 4, Blk. 1, North Orlando Ranches Sec. 5. E. Resolution No. 340, to sanction second homesite on Lot 1, Tusc. Unit 5. Councilman Hartrran moved to approve the above consent agenda (Resolution Numbers 336 through 340). Seconded by Councilman Arnold. Mayor Piland stated I.ft>. Hartman will file a Conflict of Interest. Vote on the mtion: Councilman Arnold, aye; Councilrnan Trencher, aye; Councilman Boyd, aye; Councilman Torcaso> absent; Councilrna.'1. ~, aye; motion carried. Public Hearing (contin. ) for Ordinance No. 227, authorizing the rene\'lal of refuse contract between the City and H & \'1 Refuse Service, etc.: ~Byor Piland recessed the Council Meeting and convened the public hearing to hear comment on Ordinance No. 227. City rvr.anager Rozansky reported he has taken Council's recommendations from their December 9, 1980 meetingan<l has in- corporated them into the draft. Mr. Rozansky has presented Council: .Cl.letter in reference to the specificatibns/H & W Contract dated Dec. 23, 1980.' . He recommends these changes/additions be made to the Contract/Specifications. There was discussion on the rates. Councilman Hartman questioned ,whether there \'las a need for the bond to be for a period of 6 months. rilr. John Bennett questioned the proposed pickup rate and whether it is a requireme~t to replace the lids on the garbage can. He cormnented that he would rather not have the men replace the lids on the cans and hold down the cost if possible. The City Reg. Session, City Cour~l., Dec. 23, 1980 Page 2. 80-81-8. . , r.'Enager reported that the proper place for the lids is on the ground next to the .cans. Mrs. Ellen \'leiss, 1203 'Vlinter Springs Blvd., asked about the status of her previous question regarding whether or not H & W has an exclusive franchise in the .city and if so, what is Dumpall doing still operating in the city? She also asked if the cost for additional containers over 6 is still in the contract. City IV'.tanager Rozansky reported that the stipulation involving containers, over 6 was taken out. He also stated that the reason Dumpall is in the city is, that H & W decided not to exercise their right to remove them from the city since their contract was so close to being up for renewal, however if the contract is renewed they do intend to exercise their right. Mr. Bennett said he could see no reason why the Highlands should be given a lower rate siIrply because of the density of the dumpsters than other people who are not going to generate 6 containers. Discussion folIowed concerning an increase for corrmercial (from $25 to $32) for D-lice a week pickup of a 2 cu. yd. container. Mr. Bennett stated that he feels every living unit in the city should pay the same price. Mayor Piland recommended this be taken into con- sideration. The City lYIanager reviewed the major changes in the contract. :f'i1r. Bennett suggested if the garbage pickup is going to be restricted to 7:00 a.m. ,that Council provide an ordinance precludir,g tmr..sportation of trucks to residential areas bearing construction materials for that same period of time. M3.yor Pi~ closed the Public Hearing and reconvened the Council I'-Teeting. ' Councilman: Harman moved to approve the contract as amended (that the bond be for 3 months instead of 6 months and that the corrmercial condominium rates remain the same). Seconded by Councilman Trencher. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, absent; Councilman Hartman, aye; Councilman Arnold, aye; IlDtion carried. .. Public Hearing for Ordinance No. 228, conveying certain land designated as park area in Sec. 9, N. Orlando Ranches Blk. 7, etc. IvEyor Piland recessed the Council Meeting and convened the public hearing for t! l~ purpose of hearing input on proposed Ord. No. 228. Attorney Stalnaker read Ordin::,r:c~ No. 228 by title only. The City Planner pointed out the area. Mayor Piland closed the public hearing and reconvened the Council rJIeeting. Councilman Arnold moved to adopt Ordinance No. 228. Seconded by Councilman Boyd. Vote on the motion: Councilman Torca.so, aye; Councilman Boyd, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. Request of vlinter Springs Dev. Corp. for approval of final engineering for Country Club Village Unit 3: City Iv'Ianager Rozansky reported the Planning and Zoning Board recommended approval of the above request on Dec. 17, 1980, subject to the proviso of the Engineer's letter of December 8, 1980 and the Staff recommends approval subj ect to the Staff Review and the City Engineer's recorrrnendations. Mr. Art Barr was present ,to speak for the request. Discussion followed concerning the necessity of a fence around the retention pond. The City Planner stated the retention pond is not reIlDte. It is at the intersection of D^lO streets' and is within 100' of a lot which under the current law requires the ditch be fenced for security reasons. The City Engineer reported that the pond is designed to retain 5 feet of water - minimum depth of 6 feet. He stated that the pond is near highways and is open to the public and therefore felt a fence should be'recQrnmended. Attorney Stalnaker stated the pond would be referred to as an attractive nuisance. CounciJman Trencher questioned whether the retention pond would be a liability on the part of the homeowners or the owners of the retention pond if a child were to drmm in the pond. The City Attorney reported there was a chance of liability if this hEi.ppened. Councilman Trencher r.ecommended a 6' fence be installed. Bill Jacobs, 404 S. Edgemon stated that if the city is going to require one pond to be fenced, then they should require all of the ,r ') An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE <ITY of WH~R SPRINGS ew'an Before the undersigned authority personally appeared........................... ....R.I...r~.lJ..~,..~P4i)...ey..................................who on oath says that he is .... Qffi c.e. .l"hmage;r.. ...... .. ..... .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a......... ..l,.~.g~.J,. j~9.~~~.lil........................... .in the matter of . P.L,I!J.J,~.~. .~lil.C!:r~.J:lg . ~.~.:.. ~.Q~J.~+P;f~ J~Q!J.f:'ni;J.r'~ . ~f. .~~.Q~.r~~~.r~~.c;. . . . . . . . . .. . . ....................................................... ..in the.. .c.;~.:r:~.L!i~.. ..Court, was published in said newspaper in the issues of..................................... . . . . . . . . . . . . . . . . . . . . N.DV.80lb8I: .18,. .198.0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count~ Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 18th ~: ,,:. .~.. .w~y~~.. .A..~. ::y;~ ( ;1il :(Ui~~f-~;l L N nAlluhlic, State of Flori a c u ic My commission expires June 12, 983 ~onded with ~i:lwyers Surety Corp. e<<~~~ '10m (~~ . SENTINEL STAR . Published Dail. Altamonte Spring8, Seminole Count}', Florida ~t(tte of Jf'lorHm ( 55. C'OC\'TY OF ORANGE \ Before the undersigned authority personally appeared Marie M. Minner , who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being R Legal Not ice in the matter of Public Hearin December 1 $0 to consider the ~Ag~~~~no~ R~P1l2~d~f}~r~~~tuthor;~~~ng Court, was published in said newspaper in the issues of November 2), ILAo Affiant further says that the said Sentinel Star is a newspaper published at AI- tamonte Springs, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fu:i;her sa'ys that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pub- lication in the said newspaper. //} I~~~ Jjf. Sworn to and subscribed before me this 1st ~~~~/ December day of ~ ~ Notary ,.c, ~lt~2 (if Flm':rla ilt Large My Commi~.;!:;r. E:;;J:~ ~s C ::. 30, 1900 Bonded By ^"",ri.an fir. & y...Uy Company . ADVERTISING CHARGE $13.65 , . . \ FORM 291 C