Okaloosa County BOCC — February 11, 2013 — Commercial Franchise Ordinance — reading text

ORDINANCE NO. ____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA PROVIDING FOR THE CREATION OF COMMERCIAL SOLID WASTE COLLECTION FRANCHISES; PROVIDING FOR THE INCORPORATION INTO SECTION 11-210 OF ARTICLE IV OF CHAPTER 11 OF THE CODE OF ORDINANCES OF OKALOOSA COUNTY PROVIDING FOR THE REPEAL OF ALL OTHER CONFLICTING PROVISIONS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the Okaloosa County Board of County Commissioners passed and adopted Resolution No.____ on __________ __, 2013; and WHEREAS this Ordinance is enacted pursuant to and in accordance with Section 125.01(1)(k), Florida Statutes, which provides the County the power to regulate waste collection and disposal; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Short Title. This Ordinance shall be known and may be cited as the “Commercial Solid Waste Collection” ordinance of 2013. Section 2. Definitions. Definitions of terms provided in Section 11-208 shall apply in the interpretation of this ordinance. Section 3. Adoption of Section 11-210. Section 11-210 of Article IV of Chapter 11 of the County Code shall read as follows: Sec. 11-210 Commercial Solid Waste Collection The Board is hereby empowered to enter into exclusive franchise agreements with any person or entity to provide for the collection of Solid waste from Commercial business establishments within specified portions of the County. The commencement date of such exclusive franchise agreements shall be no earlier than three years after notice is delivered to private companies that may be displaced by the exclusive franchise agreement, or May 1, 2016, whichever is later. Award. Exclusive franchise agreements shall be awarded as a result of a competitive procurement for the collection of Solid waste from Commercial business establishments. Unless deemed contrary to the best interest of the County, said collection service shall be contracted jointly with residential Solid waste collection service. Provisions. Said franchise agreements will contain the name of the person or entity to collect the Solid waste generated within the service area; the length of the franchise agreement; the consideration to be paid for such franchise agreement and the method of payment; the service to be furnished; the amount and method of payment to the authorized franchisee for performance under the franchise agreement; the performance bond and the conditions thereof to be furnished by the authorized franchisee; and such reasonable rules and regulations governing the performance by the authorized franchisees as are deemed necessary. - 1-  Franchise Area. The franchisee shall have the right, privilege, and easement to provide collection service for Solid waste to all Commercial business establishments within the franchise area. Such rights shall not extend to the collection of biomedical waste, biological waste, hazardous waste, infectious waste, items for special pickup, and special waste. The franchise area shall be consistent with the existing residential collection franchise areas as specified in Section 11-203 of County Ordinance. Exceptions. Said franchise agreement shall not affect the ability of any general contractors, landscape contractors, or any other commercial enterprise to self-haul commercially generated waste, nor shall it affect the ability of any Commercial business establishments to self-haul commercially generated waste. Collection and transport of Construction and demolition debris shall not be affected by said franchise agreement. Designated Facilities. All solid waste collected by the franchisee pursuant to the franchise agreement shall be delivered to facilities designated by the County. Manner of Collection. Frequency of Collection. The franchisee shall collect Solid waste from Commercial business establishments within the franchise area at least one time per week and at a frequency to be negotiated by the Commercial business establishment and the franchisee. Numbers and Types of Containers. The franchisee shall provide containers for the accumulation of Solid waste as necessary. The size of containers shall be mutually agreed upon by the Commercial business establishment and the franchisee. Where it is not possible or practical to use containers, the franchisee shall provide carts for commercial Solid waste collection service. Point of Pickup. Collection of Solid waste shall be at such a location as will provide accessibility to the franchisee’s collection equipment and crew. Franchise non-transferable. Franchisee cannot assign, subcontract, sell or transfer its franchise or any right occurring under the franchisee agreements without first obtaining the express written approval of the Board. Assignment shall include any transfer of fifty percent (50%) of stock and control of franchisee. The Board shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by franchisee. Any assignment or subcontract of the franchise agreement by the franchisee without the express written consent of the Board shall be grounds for the Board to declare a default of the franchise agreement and immediately terminate the franchise agreement by giving written notice to franchisee. Upon the date of such notice, the franchise agreement shall be deemed immediately terminated. Section 4. Incorporation into the County Code. It is hereby directed by the Board of County Commissioners that the language provided herein be incorporated into the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve that directive. Section 5. General Repeal of Conflicting Provisions. Any ordinance or portions of the Code of Ordinances of Okaloosa County in conflict herewith are hereby repealed. Section 6. Severability. If any section, subsection, clause or other part of this ordinance is deemed unlawful in any court of law competent to decide such matters, said section, subsection, clause - 2- or other part shall be severed and held as a separate provision and shall have no effect on the remainder. Section 7. Effective Date. This ordinance shall take effect upon adoption by the Board of County Commissioners. PASSED AND DULY ADOPTED in regular session this ____ day of ______, 2013. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: _______________________________ Don R. Amunds, Chairman ATTEST: __________________________________ Don Howard Clerk of Circuit Court - 3-