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Agenda Item 7CAGENDA ITEM # X AUGUST 13, 2012 ORDINANCE NO. 55 -12 -36 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE II. FRANCHISE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The following sections of the Code of Ordinances of the City of Atlantic Beach, Florida, Chapter 16. Solid Waste and Recycling, Article H. Franchise Agreement, are hereby amended to read as follows: Sec. 16 -18. Private Refuse Collectors: Collection of Commercial Recycling and Construction and Demolition Debris All persons and organizations desiring to engage in the business or activity of collecting Construction and Demolition (C &D) materials or commercial recycling within the City shall, as a prerequisite to doing so, obtain a Construction and Demolition and /or Recycling Collection Franchise Permit from the City Manager or his designee. No person or organization shall engage in such business or activity within the City without first having obtained such a permit. This service will be performed under a separate contract between the Contractor and the user. The Contractor will bill the user directly for delivery, rental, collection and disposal. The rates for this service shall be agreed upon in advance including per pull and delivery costs, and costs for disposal. Contractors will pay a 20% Franchise Fee to the City and will submit the Fee to the City quarterly. Contractors shall provide the City records identifying the address, volume of collection, and such other information as requested by the City on the first (1st) of each month. Sec. 16 -19. City's collection exempt from Sections 16.10 through 16.18. The provisions of these sections shall not apply to refuse, C &D materials or recycling collection services performed by the City whether directly or indirectly or by contract. The City's franchise service provider is exempt from this article. Sec. 16.20. Application: fee action by City Commission Persons other than the City's franchise Contractor desiring Construction and Demolition or Recycling Collection Permits shall complete and submit to the City Manager or his designee a Franchise Application form, together with an application fee in the amount of Two Thousand Five Hundred and 00 /100s Dollars ($2,500.00). The form of application shall be prescribed by the City Manager and furnished to applicants by the City Manager or his designee. Sufficient information shall be provided to give the City reasonable assurance that proposed hauling activities will not create noise, dust, odor, litter or other noxious conditions, that materials collected will be properly disposed of at authorized facilities and that the applicant has sufficient resources to carry out the proposed hauling activities. Any permit granted by the City Manager pursuant to this section shall not exceed one year in term. Sec. 16.21. Issuance of permit. Ordinance No. 55 -12 -36 Page 1 of 3 IF. " Al R , . 1 . A - r fT P. - yk 'To 7 Xl_ . . 9.x%; �,� i yy s' rT r i �lj 7, 06 ' Jir T i 71 - 0 v F i . F ,� a �5, ter r ' r -- �'yr` ��... —M 41