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Ordinance 92-10771~.~~d~ ~l-ao-ga ORDINANCE N0. 92-10]] AN O ANCE OF TH AMENDING THE CODE LONGWOOD, CHAPTER 9, wHEAEAE, the City Commission has determined that the Residential Solid Waste Collection regulations should be vnended to provide for twice a week collection o{ household refuse, once a week collection of yard trash, and once a week collection o£ recyclable; and WHEREAS, the City Commissaon has determined that to provide separate yard trash pickups and twice a week household refuse collection, an increase of 89 cents ($.89) per month be approved and that the franchise be extended so as to terminate three (3) years from the effective date of this ordinance; N , HEAEFORE, HE ST ORDAINED HY THE CITY COMMISSION OF THE CZTY OF LONGWOOp, AS FOLLOWS: SECTION ONE: The terns of the existing exclusive right, privilege or franchise to collect household refuse, yard trash and recyclable materials within the city of Longwood, Seminole County, Florida, from all residents of the City, granted to industrial waste Services, Inc. r , by mutual agreement, hereby amended and extended for an additional term to terminate three (3) years from the effective date of this Ordinance subject to the terms of the existing Ordinance No. 9]5 as herein amended and supplemented. SECTION Two: Chapter 9, Article I , es idential Solid Waste Collection, Section 9-22, shall be amended to read as follows: Section 9-22 Frequency of Collection. All re{use shall be collected at {requencies not less than those specified in the rules and regulations. The frequency of collection is hereby establisbed as follows: (1~ Household refuse: t least twice each calendar week and at least three (3) days apart. (2) and Trash: At least once each calendar week on Wednesday of each week. Ordinance No. 92-30]] Wage 2 (3) Recyclable materials: At least once each calendar week (4) White Goods and Furniture: white goods and furniture generated from r ardent ial customers shall be collected ithin ]2 hours within n ti£ication by customer. White Goods and niture be placed at the ual sible pick-up location Eor x sidential Collection additional charge shall be made fox the collection of White Goods and Furniture. N 2: Chapter 9, Article I2, R sidential Solid Waste Coll ec tiono Section 9-28 shall be amended to read as follows: n 9 28 C' ant tv franchisee The City shall pay the franchisee for s s provided, less twelve (128) per c t billing and collection £ee{eby the fiE teenth day of each month fallowing provision e£ s i The billing and ollection fee will be limited to a iof 51.30 per month per sidence. The payment due will be ba ed upon the monthly number of r sidential customers billed. The city will provide this information to the franchisee. SECTION 3: Chapter 9, Aitic le I sidential Solid Waste Collection, Section 9-31 shall be amended Ato read as Follows: n 9-31 Charves and r (a) The franchisee agrees to perform the s aced herein a the r o£ eleven dollars and s my four centsst ($11.]4)tpex month per r sidence, which stew shall include charges for all types of recyclable m ials. The franchisee is granted rs hip of all recyclable am iala picked up and the proceeds, i£ any, Erom the sale aof all recyclable m ials. The established herein shall represent the r es during the first yearsfollowinq adoption o£ Ordinance Ne.92-SO]]. The i shall be adjusted a ua11y o ery an sary date of Ordinance No.92- lOJJ to reflect any change in the cv r price index. The method o£ adjustment used shall be as FoLlowsme New rate equals s enty- five (J58~ percent o£ the c r price index. Consumer vPrice Index (C.P.2.) changes shall snot ee eed Five (58) per cent each year. The c r price index used shall be the Consumer Price Index, United States A rage for A11 I , New series, for Urban Wage E andvClerical Workersemasppubl fished by the United States Department o£ Labor. The a ua1 rate r will be oEEset by the percentage of the ual eed by the franchisee From the sale of ecyclablen ials6 The ifranc his ee shall guarantee a ua1 collection and billing Eee o£ $65,000 to the City Provided that failure to provide this guaranteed Fee i not due to w action, r Act of God, o any other c e beyond the Franchisee's control{ Sn the ant that Seminole County tipping fees a sad subsequent to the effective date of the above charges rands rates, the rates per sidence will be i sad a ordinq to the following Formula: tal am unt of per r sidence i e per additional t of refuse xo 1.3 (average a ual refuse per household is 1.3) divided by 12 equal monthly increase. (c) The City will perform the duties of billing and collection agent for all r sidential refuse and curbside recycling ' cep{ as provided i subsection (d) below. Twelve (12&) percent o£x the total monthly charge per r ardent e, not t eed 1.30 pax r sidence, shall be retarned eby the city toeXCOVer administiat ve coats. (d) Items requiring special handling due to s eight, type of material method of placement and payment may be negotiated between the franchisee and the resident prier to Ordinance No. 92-10 ]] Page ] collection. A copy o£ e ery bill rendered to resident(s) shall be provided to the City simultaneously. SECT2ON 4: Chapter 9, Article 22, Residential Solid Waste collection, Subsection 9-32 (19) shall be added to read as follows: Section 9-32 F nchisee rulev and o cedures. (19) It is the intent of the City to e that the RAMC Risee provides a quality level of solid waste eCOllection All complaints r ved by the City Administrator and reported to the FRANCHIBEE shall be promptly r solved. In this nstance, the City Administrator will notify Lhe FRANCHIEEE i riting of Lhe violation. If able to do s , the PRANCHI SEE will have forty-eight (48) hou s to c ect the violation. n tha e ent the violation c not be c ected radministzative charges shall be assessed in rhea Following amounts. (17 Failure to cleanup $10.00 per incident spilled solid waste per location caused by Franchisee (2) ailure o neglect $10.00 per i cident to collect Solid Waste from per locationn any premises at o within the times specified within (3) ailure o neglect to $250.00 for each route omplete each r n not completed the regular scheduled pick up day (4) Failure t omply with $100.00 For each time the regular scheduled times of pickup. violated (5) ailure to keep equipment in clean, safe manner $50.00 per vehicle per day (6) ailure to have vehicle 525.00 per day per operator properly licensed incident (~) Failure t replace o $25.00 per cident n repair any container damage sed by the Contractor u per location or his personnel The City Administrator may administrative charges pursuant to section 9-32 (19) o onthly basis i ect ion with this Ordinance and shall at the end of each month during the t o£ this Ordinance n ti£y the FRANCHISEE writing of the administrative charges a sed and the basis for each a ent. The F IBEE shall paysto sthe City the a ents withinsthirty (30) days o£ the date of the notice. In the se meat the FRANCHISEE fishes to contest such a ent i shall, within five (5) days after r ing such monthlysnoticet request a riting that the City Administrator request a hearing date before the 0 aid o£ City Commissioners to present i s defense to such a The Board o£ City Commissioners shall notify the FRANC82EEESi ing of any action taken with espect to the FRANCHISEE'S claims and the decision of the Board of City Cosunissioners will be final administrative action. ora±nan~e r~o. nz-ion s~cmxoia s: - ~.. oafi,~~ - . „ e 2n. ~__-n _^IirS 992 / YOF A -anc~ by Fi e~chisee phi ~, t . ny: t'res~.den..