HomeMy WebLinkAboutResolution 92-09
RESOLUTION NO. 92- 01
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A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
ESTABLISHING THE ADOPT-A-ROADWAY PROGRAM;
PROVIDING FOR PERMITS WHICH ENABLE PRIVATE
INDIVIDUALS, BUSINESSES AND ORGANIZATIONS TO
COLLECT LITTER ON SEGMENTS OF PUBLIC ROADWAYS
WITHIN THE CITY; PROVIDING FOR PROCEDURES TO
BE IMPLEMENTED IN THE ADOPT-A-ROADWAY PROGRAM;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires
to promote a cooperative effort between the city and the public
with the objective of reducing litter on roadways within the City
in a safe, efficient and cost effective manner; and
WHEREAS, the City commission of the City of Ocoee desires
to establish and implement an Adopt-A-Roadway program to advance
such objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City commission of the City
of Ocoee has the authority to adopt this Resolution pursuant to
Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. Adoot-A-Roadway Program. The City Commission
of the city of Ocoee hereby establishes the Adopt-A-Roadway Program
for the City, which permits private individuals, organizations and
businesses to collect litter on segments of public roadways within
the City pursuant to the terms and conditions contained in the
. Adopt-A-Roadway Procedures and the Adopt-A-Roadway Right-of-Way
utilization Permit issued to such private individual, organization
or corporation. The City Commission of the City of Ocoee hereby
.
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approves and adopts the form of the Adopt-A-Roadway Right-of-Way
utilization Permit and the Adopt-A-Roadway Procedures as set forth
on Exhibit "1" attached hereto and incorporated by this reference.
SECTION 3. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Resolution is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this ~ ~ day of .J Jj A,lf:
APPROVED:
, 1992.
FLORIDA
Clerk
( SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED liS TO FORM ~D LEGALITY
this ~M day of 0W , 1992.
FOLEY
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON J 1I1{)ff:- ~ , 1992
UNDER AGENDA ITEM NO. ~.
By:
v;J~R ~
City Attorney
2
EXHIBIT "1"
ADOPT-A-ROADWAY
RIGHT-OF-WAY UTILIZATION PERMIT
.
To enhance the environment and the appearance
Ocoee roadways,
referred to as Permittee,
between
on Route
hereinafter
perform the
of the City of
, hereinafter
requests permission to "Adopt-A-Roadway"
and
and the City of Ocoee,
referred to as the City, grants by permit the right to
work as described:
1. The work will be performed under and in accordance with
the Public Works Department's Adopt-A-Roadway Procedures attached
to this permit as Exhibit "A" and incorporated herein by reference.
2. Permittee shall
relating to right-of-way
condi tions as required by
particular adopted roadway.
abide by all laws and regulations
utilization, safety, and all other
the Director of Public Works for a
3. It is expressly stipulated that this permit 1S a license
for permissive use only.
4. This Permit is for litter removal activities only. Any
beautification activities must be pursued by another method.
5 . Permittee will at all times, assume all risk of and
indemnify, defend and save harmless the City, its Mayor and
commissioners, officers, agents or employees against any and all
claims, losses, damages, responsibility, liability, costs or
expense arising from, allegedly arising from or related to any act,
action, neglect, or omission by the Permittee, whether direct or
indirect, during the exercise or attempted exercise of the rights
and privileges granted by this permit.
6. Permittee agrees that the Public Works Department may
terminate this permit at any time the Permittee does not comply
with the permit procedures, at any time the permittee's work is
unsafe or causes a conflict with traffic or at any time the City
deems appropriate in its sole discretion. The Director of Public
Works reserves the right to revise or discontinue this program at
any time.
.
7. As to all relationships to the City, Permittee and all
persons performing work under this permit shall at all times and
for all purposes be independent contractors and not employees.
Persons performing work under this permit shall have no claim to
workers' compensation or other employee rights or privileges
granted to the City employees by operation of law or by the City.
8. This Permit may not be assigned in whole or in part by
Permittee without the express prior written consent of the City.
9. Upon signing, the Permittee thereby agrees to be bound by
the terms and conditions contained herein.
Organization Name
. Address
signature
Title
Telephone Number
Name to Appear on Sign
permission is granted to perform the work as described insofar
as the Director of Public Works has the authority to grant such
rights by permit.
Date:
Director of Public Works
ladoptrd
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EXHIBIT "A"
ADOPT-A-ROADWAY
PROCEDURES
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The purpose of this Program is to create public involvement to help
in our efforts to keep the City of Ocoee's roadways free of litter.
Any civic-minded organization should consider adopting a section of
roadway leading into their community. Through an adoption, the
organization will have the responsibility of picking up litter
within that section of roadway. Details of this responsibility are
as follows:
1. Any local community organizations, such as civic, social or
school groups, individuals 18 years or older and businesses
may be allowed to adopt roadways. Participants must have
approved permits on file with the City of Ocoee's Public Works
Department prior to the cleanup effort.
2. The participants of each Permittee shall be required to obey
and abide by all laws and regulations relating to safety and
such other terms and conditions as may be required by the
Director of Public Works for special conditions on a
particular adopted section.
3. The Permittee shall be responsible for furnishing adequate
supervision by one or more adults for participants of a
Permittee who are seventeen (1'7) years of age or younger.
4. Each Permittee shall be required to conduct at least two
safety meetings per year.
5. Participants of the Permittee shall be required to attend a
safety meeting conducted by the Permittee before participating
in the cleanup of the adopted section.
6. Each Permittee shall be required to adopt a section of roadway
in accordance with one of the following requirements depending
upon class.
a. State Classified System: two miles minimum in length.
b. County Classified System: two miles minimum in length.
c. Local Roads: one mile minimum/or entire length of roadway
if less than one mile.
7.
Each Permittee shall be required to adopt a section of roadway
for a minimum period of two years.
.
8.
Each Permittee shall be required to collect litter a minimum
of six times a year; however, the Director of Public Works may
grant an exception for some sections of roadway where less
than six collections of litter is adequate to maintain an
acceptable right-of -way. Li tter collection will be done on
each side of the roadway and median (where applicable).
9. Litter shall be removed only during daylight hours and only
during good weather conditions.
.
10. Each Permittee shall be required to obtain the required
supplies and materials as designated by the City.
11.
1,;
L. .
13.
14.
15.
16.
17.
Each Permittee shall be responsible for assuring that clean up
crew signs are visible during a collection and returned after
the collection has been accomplished.
Each individual participant of the Permittee shall be
responsible for wearing a safety vest approved by the City
during the collection.
Each Permittee shall be responsible for placing litter in
trash bags. Arrangements for disposal should be made through
Solid Waste customer service, 877-8420.
Each Permittee shall be responsible for prohibiting
participants from either possessing or consuming alcoholic
beverages while on the adopted section of roadway.
Each Permittee shall be responsible for maintaining a first-
aid kit and adequate drinking water while participating 1n
litter collection on the adopted section of roadway.
Each Permittee shall be prohibited from either subcontracting
or assigning its duties and responsibilities to any other
individual, group, organization or enterprise.
Each Permittee shall be responsible
selecting an individual to serve as
Permittee.
for appointing
spokesperson for
or
the
18. The Public Works Department, in no event, shall have the right
to control the Permittee in performing the details of litter
collection from the section of roadway adopted by the
Permittee, and, in litter collection, the Permittee shall act
as an independent contractor.
19. Participants are encouraged to separate and recycle
appropriate material for their benefit.
.
The Public Works Department participation 1n the Adopt-A-Roadway
Program shall include the following:
1. The Public Works Department will be responsible for working
wi th the Permittee to determine the specific section of
roadway to be adopted.
.
.
2. The Public Works Department will be responsible for erecting
a sign at each end of the adopted section with the permittee's
name or acronym displayed. Businesses that wish to sponsor
groups may do so; the business name will go on the sign in
block letters. No business logos will be allowed.
3.
The Public Works Department will be responsible for providing
safety vests and safety literature. Vests must be returned to
Public Works after litter collection. As an al ternati ve,
vests can be purchased either through the City or from an
independent vendor; however, they must meet all safety
standards as required by the City. Work Zone signs will be
furnished for the local road network. Permanent fold out
signs may be erected if purchased by the Permittee.
4. The Public Works Department's Solid Waste Department will be
responsible for removing the filled trash bags the first
workday after the litter collection.
5. The Public Works Department will be responsible for removing
litter from the adopted section of roadway only under unusual
circumstances, i. e. I to remove large, heavy, or hazardous
items.
For additional information, please contact Ray Brenner, Director of
Public works.
mebjaarproc
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SIGN: 48" x 48"
FOLDS IN HALF
ORANGE/BLACK
SIGN: 48" TRIANGLE
BLACK BAR IS FOR
AGENCY'S LOGO
GREEN OCOEE LOGO
GREEN LETTERS -
REFLECTIVE
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