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Home My WebLink AboutOrdinance 90-07 ORDINANCE NO. QO-07 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO GARBAGE COLLEC- TION; AMENDING SECTION ll-7 OF THE CODE OF ORDINANCES; PROVIDING FOR THE COLLECTION OF COMMERICAL, INDUS- TRIAL OR INSTITUTIONAL WASTE BY A FRANCHISEE; PROVIDING A DATE UPON WHICH ALL COMMERCIAL WASTE SHALL BE COLLECTED BY A FRANCHISEE; AMENDING SECTION ll-9 OF THE CODE OF ORDINANCES; CREATING A NEW SECTION ll-l0 OF THE CODE OF ORDINANCES; PROVIDING AUTHORI- ZATION FOR FRANCHISE AGREEMENTS; PROVIDING TERMS AND CONDITIONS FOR FRANCHISE AGREEMENTS; PROVIDING CONDI- TIONS FOR THE SELECTION OF A FRANCHISEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 403.706(1), Florida Statutes, municipalities are charged with the responsibility for collecting and transporting solid waste from their jurisdictions to disposal facilities: WHEREAS, the City of Ocoee finds it in the public interest to ensure that all areas within its limits are adequately pro- vided with high-quality commercial and industrial refuse collec- tion; and WHEREAS, the City of Ocoee finds that in order for the collection of garbage from commercial, industrial, or institu- tional premises to be accomplished in an economical and safe manner the collection shall be made by the exclusive franchisee of the City: NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article . VIII of the Constitution of the State of Florida, Chapters 163, 166, and 180, Florida Statutes, and Section 8 of Article II of the Charter of the City of Ocoee, Florida. SECTION 2. The present Section 11-7 of Chapter 11 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: Section 11-7. Removal of garbage, etc., by sanitation department or franchisee required. (A) All residents, occupants or owners of premises in . the City shall be required to have accumulations of gar- bage, trash and garden trash removed and disposed of by the sanitation department or the street department of the City, and for such service, or the availability of such service, of-~arba~e-and-tra~h-remo~al-and-di~- po~al, shall pay the City the fees at rates established by resolution of the City Commission. see-ferefi-in-efie ~ehed1ile-15elew. (B) Effective March 1, 1991, all commerical, industrial, and institutional premises in the City shall have all garbage and refuse collected by the City's franchisee. After March 1, 1991 it shall be a violation of this Ordinance for any person other than the franchisee of the City to collect or transport garbage or refuse for hire from commercial, industrial or institutional premises in the City. SECTION 3. The present Section 11-9 of Chapter 11 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: Section 11-9. Collection of Garbage. (A) Residential Premises. (1) Single family residential units shall be charged the base rate for garbage collection established by resolution. (2) Multiple family residential units containing 4It four or less single family residential units shall be charged the base rate for garbage collection established by resolution for each unit. (3) Multiple family residential units containing more than four single family residential units shall be treated as a commercial account a~d shall be charged the commercial rate for garbage collection. -2- . . (B) Commercial, Industrial and Institutional Premises. (1) Commercial, industrial, or institutional premises using trash cans of thirty gallons or less capacity each shall be charged the base rate for garbage collection established by resolution for each can. (2) Commercial, industrial, or institutional premises using dumpsters shall be charged a commercial rate for garbage collection established by resolution. (3~--eeffiffiere~al7-~Raas~r~al7-er-~Rs~~~a~~eRal-~reffi~ses YS~R~-aYffi~S~ers-ffiay-eeR~rae~-w~~R-l~eeRsea-~r~va~e-eeffi~aR~es ~eF-~aFaa~e-eellee~~eR.--WR~le-saeR-a-eeR~rae~-~s-~R-feree-aRa ee~~ee~~eR-~erferffieaT-saeR-~reffi~ses-sRall-Re~-Be-eRar~ea-fer e~~y-ee~lee~~eR-serv~ee. SECTION 4. A new Section 11-10 of Chapter 11 of the Code of Ordinances of the City of Ocoee is hereby created to read as follows: Section 11-10. Commercial Franchise Agreements. (A) The City Commission may enter into a franchise agree- ment with one or more persons or entities to provide commercial collection service within the City. The franchise agreement shall contain the name of the person or entity to collect the garbage and waste from the commercial accounts; the length of the franchise; the territory of the franchise: the performance bond and the conditions thereof to be furnished by the franchisee: insurance requirements for the franchisee: frequency of collection; and such reasonable terms, restrictions, and rules regarding collections as the City may determine necessary in order to im- plement the safe and efficient collection of commercial waste. The franchise agreement shall be exclusive as to the applicable territory and the term may be up to five years. (B) The compensation for franchisees under this Ordinance shall be in accordance with the rates established for the collection of commercial accounts by resolution and as otherwise agreed upon by the City and the franchisee. The City shall collect all fees paid for commercial garbage collection and shall then -3- . . pay the franchisee the amount collected less a fee for the City's administrative costs, which shall not exceed twenty percent (20%) of the total fee collected by the City. (C) The City shall prepare proposal documents and receive competitive proposals from applicants for commercial collection within the City. The City Commission may accept the proposal which it deems to be in the best interest of the City and enter into one or more franchise agreements. In determining which proposal will be accepted the City will consider such factors as the proven ability of the applicant to efficiently collect commercial, industrial and institutional waste: the type and amount of equipment; the proposed performance bond and insurance: frequency of collection: and other factors deemed appropriate by the City. (D) Initially the City's commerical franchisee shall service those accounts which are serviced by the City and located within the franchise territory at the time the franchise agreement is entered into between the City and the franchisee. Commencing March 1, 1991, all commerical, industrial and institutional garbage in the franchise territory shall be collected by the franchisee. Upon thirty (30) days notice to the City the owner of any commercial, industrial or institutional premises may elect to begin using the franchisee for collection prior to March 1, 1991. (E) In accordance with the provisions of Section 8 of Article II of the City Charter, no franchise shall be awarded by the City until such time as the City Commission has held a public hearing on the proposed franchise preceded by at least thirty (30) days notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City. SECTION 5. Notice of Adoption. Within sixty (60) days following the adoption of this Ordinance, the City shall publish a notice for four (4) consecutive weeks in a newspaper of general circulation within the City advising all commercial, industrial -4- . . and institutional premises within the City that, effective March 1, 1991, all garbage and refuse from such premises shall be collected exclusively by a City franchisee. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of compe- tent jurisdiction, such portion shall be deemed a separate, dis- tinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 6th day of March , 1990. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO Fp;ijM AND LEGALI~~, this ~ day of ~J~ ' 1990 FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN By: f~r~ City Attorney APPROVED: CITY OF OCOEE, FLORIDA ~ / '. . / "~# .. er DabbS'~ ADVERTISED February 22 , 1990 READ FIRST TIME February 20 , 1990 READ SECOND TIME AND ADOPTED March 6 , 1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON MMtcfJ, , , 1990 UNDER AGENDA ITEM NO. ~. -5-