The following franchises have been granted by the city that have not been published in the Code.

Ord. No. O-80-1, adopted November 19, 1979, as amended Ord. No. O-95-16, adopted April 17, 1995. Grants cable television franchise to Micanopy Cable T.V., Inc., expiring April 20, 2011.

Res. No. R-00-87, adopted June 21, 2000. Grants 20-year cable television franchise to Coxcomm., Inc. dba Cox Communications Gainesville/Ocala.

Ord. No. O-96-21, adopted September 4, 1996. Grants 30-year electric franchise to Clay Electric Cooperative, Inc.

Ord. No. O-96-20, adopted September 4, 1996. Grants 30-year electric franchise to Florida Power Corporation.

Ord. No. O-97-24, adopted October 6, 1997. Grants 30-year electric franchise to Gainesville Regional Utilities.

Ord. No. O-97-25, adopted October 6, 1997. Grants 30-year natural gas franchise to Gainesville Regional Utilities.

ORDINANCE 10-14

AN ORDINANCE OF THE CITY OF ALACHUA, FLORIDA; CONTINUING A NON-EXCLUSIVE COMMERCIAL FRANCHISE SYSTEM FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS FROM COMMERCIAL PROPERTIES; PROVIDING AN EFFECTIVE DATE.

WHEREAS, a current system exists to operate a non-exclusive commercial franchise system for the collection of solid waste and recyclable materials from commercial properties;

WHEREAS, the City adopted Ordinance 04-15 on February 18, 2004 to enact the non-exclusive franchise system for commercial haulers, and adopted Ordinance 06 20 to extend the non-exclusive franchise system through 2010;

WHEREAS, the City desires to continue this system;

NOW THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF ALACHUA, FLORIDA:

ORDINANCE 04-15

AN ORDINANCE OF THE CITY OF ALACHUA, FLORIDA, ESTABLISHING A NONEXCLUSIVE FRANCHISE SYSTEM FOR THE PROVISION OF CONTAINERS FOR, AND COLLECTION OF, SOLID WASTE AND RECYCLABLE MATERIALS FROM COMMERCIAL PROPERTIES; PROVIDING FOR FRANCHISE FEES; PROVIDING AUDITING AND REPORTING REQUIREMENTS; PROVIDING APPLICATION REQUIREMENTS; PROVIDING PROCEDURES FOR EITHER DENIAL OF APPLICATION AND SUSPENSION OR REVOCATION OF FRANCHISE; ADDING AN APPLICATION FEE FOR COMMERCIAL SERVICES FRANCHISE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Alachua finds that regulation of the provision of containers for, and the collection of, solid waste and recyclable materials from commercial properties will protect the health, safety and welfare of City residents; and

WHEREAS, in consideration for the granting of a franchise, the franchisee agrees to collect both solid waste and recyclable materials from commercial properties, or provide containers for both solid waste and recyclable materials from commercial properties, and

NOW THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF ALACHUA, FLORIDA.

ORDINANCE 14-09

AN ORDINANCE OF THE CITY OF ALACHUA, FLORIDA; CONTINUING A NON-EXCLUSIVE COMMERCIAL FRANCHISE SYSTEM FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS FROM COMMERCIAL PROPERTIES; PROVIDING AN EFFECTIVE DATE.

WHEREAS, a current system exists to operate a non-exclusive commercial franchise system for the collection of solid waste and recyclable materials from commercial properties; and,

WHEREAS, the city adopted ordinance 04-15 on February 18, 2004 to enact the non-exclusive franchise system for commercial haulers, and adopted ordinance 06-10 and ordinance 10-14 to extend the non-exclusive franchise system through 2014. Copies of such ordinances are published and found in the City of Alachua Code of Ordinances Appendix A - Franchises>> Article III >>Commercial Solid Waste; and,

WHEREAS, the City desires to continue this system.

NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ALACHUA, FLORIDA.

All terms and conditions of Ordinance 04-15 remain in full force and effect.

The term of each franchise shall commence on February 18, 2010 and shall extend until February 17, 2012, with an option to renew for another two-year term, unless forfeited or revoked sooner as provided herein. All franchises shall require completion of an application, which shall be valid for the term of the franchise. A franchise, once granted, may not be assigned or transferred without the express written approval of the City.

That this ordinance shall take effect immediately after its passage and adoption.

PASSED on first reading the 28th day of June 2010.

PASSED and ADOPTED, in regular session, with a quorum present and voting, by the City Commission, upon second and final reading this 26th day of July 2010.

Commercial service shall mean the collection of solid waste, other than hazardous waste and biomedical waste provided to persons and establishments not receiving residential service.

Recyclable materials shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

Residential service shall mean the refuse collection service provided to persons occupying residential dwelling units in buildings with four or fewer dwelling units within the City.

Applicant shall mean a person applying to the City for a franchise required to provide commercial service within the City for hire, remuneration or other consideration.

Collector shall mean a company who has been granted a franchise by the City to provide commercial service.

Commercial Service Container shall mean an industry-standard container constructed of nonabsorbent material, with a cover, made for mechanized pick-up, except for a roll-off container, without a cover, that is used for industrial waste and nonputrescible materials.

Commercial customer shall mean any person who receives commercial service.

Franchisee shall mean a person who has filed an application with, and received a franchise from, the City to provide commercial service.

(a)

It shall be unlawful to commence or engage in the business of providing containers for commercial service or providing commercial service to properties in the City without a franchise issued by the City in accordance with this Section. A franchise issued by the City under this Section shall not include Construction and Demolition (C&D) debris.

(b)

No franchise shall be awarded until the City determines that the franchisee is capable of complying with the requirements of this Section.

(c)

The term of each franchise in effect on September 30, 2016 shall be extended from October 1, 2016 to and including September 30, 2020 and action is here taken in advance to serve as and authorize automatic renewal for each succeeding fiscal year unless such automatic renewal is withdrawn for any future fiscal year by the City Commission adopting, by May 1 of any fiscal year, an Ordinance withdrawing and revoking such automatic renewal for the succeeding fiscal year. The term of any franchise granted on or after October 1, 2016 shall be from the date granted for a term consistent with the end of term plus extensions as described herein.

(d)

Each franchise shall be subject to the Charter of the City of Alachua and this Ordinance. Each franchise shall be subject to, and franchisee shall abide by, all present and future laws, regulations, orders of regulatory bodies, City code provisions and administrative rules applicable to the performance of the collection services hereunder. Each franchisee shall obtain all licenses and permits presently required by Federal, State and local governments, and as required from time to time.

(e)

Any franchisee providing solid waste collection services to commercial customers shall also offer recycling collection service in accordance with waste reduction/diversion mandates of State and local governments.

(f)

Each franchisee shall make available daily (except Sunday) collection of solid waste and recyclable materials. Collection shall begin no earlier than 6:00 a.m. and shall cease no later than 9:00 p.m., Monday through Saturday, except in areas of mixed residential and commercial occupancy, where collections shall begin no earlier than 7:00 a.m. and cease no later than 6:00 p.m., Monday through Saturday. The City Manager or designee may authorize collection on Sunday where special needs of the customer make it necessary. In the event of an emergency, a franchisee may collect at times not allowed by this section, provided the City Manager grants prior approval, to be later evidenced by a written memorandum. If no written memorandum is obtained, there shall be presumption that the franchisee had not obtained prior approval.

(g)

Franchisee shall not be relieved of the obligation to promptly comply with any provision of the franchise by failure of the City to enforce compliance with the franchise.

(h)

The franchise granted hereunder shall not be exclusive. The City reserves the right to grant similar rights or franchises to more than one person or corporation as well as the right in its own name to use its streets for purposes similar to or different from those allowed to franchisees hereunder.

(i)

If a franchisee fails to perform its contract with any customer for longer than two weeks, the City may assign the work to another franchisee, who shall be entitled to receive the revenue from the customer for work performed that would have gone to the defaulting franchisee.

(j)

A franchisee shall respond to and, if feasible, resolve all complaints received by 12:00 noon on any business day by 5:00 pm of the same day and shall respond to and, if feasible, resolve all complaints received after 12:00 noon on any business day by 12:00 noon the next day.

(k)

A franchisee shall handle commercial service containers with reasonable care and return them to within six feet from the approximate location from which they were collected. A commercial franchisee shall clean up all solid waste spilled during the collection operation. If the franchisee determines that repeated spillage occurs as a result of an overloaded container, the franchisee shall notify the City in writing, and request the customer to obtain a larger size container, sufficient in size, to eliminate the spillage.

(l)

The City requires that all franchisees who provide commercial service containers, observe the following guidelines: 1) Each container must be kept painted in good condition at all times, unless the container is made of aluminum, stainless steel, or other similar materials that do not readily accept painting; 2) Every container will be clearly marked on the front of the container with the following information: name and phone number of commercial hauler, a serial or property control number; "No Parking", "Unauthorized Entry or Use Prohibited", and "Depositing of Flammable Liquids or Explosives Prohibited"; 3) Each container shall be free of rust holes, broken hinges or door fasteners and will have solid substantial bottoms with at least one drain hole for purposes of cleanout; 4) All containers will have properly fitting lids/covers and/or side doors, except for containers used for storage of materials other than garbage, in which case, lids or covers may not be required if the City Manager or designee determines that it does not pose a threat to the health, welfare, or safety of the citizens, or cleanliness of the container site or adjacent community; 5) Containers shall not be filled to a height exceeding the level of the highest portion of the container body or rim; 6) Containers must be placed on private property and shall not be placed on either the travel portions of any sidewalk, pedestrian travel path, designated bicycle path, street, and alley within the City, or placed outside of areas designated for refuse containers on approved site plans, without prior authorization from the City Manager or designee.

(m)

A franchisee shall not be required to provide collection services when all appropriate disposal sites are closed or an emergency or imminent emergency exists, as determined by the City Manager or designee. Collections shall resume on the instruction of the City Manager or designee.

(n)

A franchisee shall not be deemed to be an agent of the City and shall be responsible for any losses or damages of any kind arising from its performance or nonperformance under its franchise. The franchisee shall defend at its own expense or reimburse the City for its defense, at the City's option, on any and all claims and suits brought against the City, its elected or appointed officers, employees, and agents resulting from the franchisee's performance or nonperformance of service pursuant to franchise.

(o)

Each franchise shall establish and maintain a presence within the political boundaries of the County of Alachua, in the State of Florida. A local telephone number where the commercial franchisee can be reached during and after business hours shall be given to the City Manager or designee.

(p)

To guarantee performance by the collector under the franchise, the collector shall post with the City two thousand five hundred dollars ($2,500) in cash or the estimated amount of franchise fees for a three-month period, whichever sum is greater. This sum shall be placed in a non-interest-bearing account by the City. Such sum may be applied by the City to any default by the collector in the performance of the franchise. Upon the completion of the term of the franchise and compliance with all terms and conditions thereof, and upon revocation of a franchise, a collector shall be entitled to the return of such bond, without interest, less any sum applied to any default.

(Ord. No. 16-17, § 3, 9-26-2016)

(a)

The franchisee shall pay as compensation to the City, for the rights and benefits granted hereunder, a fee equal to eight percent (8%) of gross revenues from the providing of containers and the collection of solid waste from commercial properties under the franchise. For purposes of this calculation, gross revenues shall consist of all revenues from the sale or lease of containers, all revenues from solid waste collection services, late fees, bad debt recoveries and other fees collected from customers, with no deductions except for bad debts actually written off.

(b)

Compensation payments shall be due 20 days after the end of each month, accompanied by statements of gross revenues on forms prescribed by the City's Finance Department, and shall be paid directly to the City's Finance Department. Statements and remittances shall be accepted as timely if postmarked on or before the 20th day of the month; if the 20th day falls upon a Saturday, Sunday or Federal or State holiday, statements and remittances shall be accepted as timely if postmarked on the next succeeding workday. Payments not received by the due date shall be assessed interest at the rate of one and one-half percent per month compounded monthly from the due date.

(c)

All amounts paid shall be subject to confirmation and recomputation by the City. An acceptance of payment shall not be construed as an accord that the amount paid is in fact, the correct amount, nor shall acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable.

(d)

Billing maneuvers that have the effect of reducing or avoiding the payment of franchise fees are expressly prohibited and will be cause for termination of the franchise.

(e)

Payment of this franchise fee shall not exempt the franchisee from the payment of any other license, fee, tax or charge on the business, occupation, property or income of the franchisee that may be imposed by the City.

(a)

The City shall have the right to review all records maintained by a franchisee concerning its franchise on 30 days' written notice. Said records shall be retained for a three-year period and be readily accessible to the City.

(b)

Each franchisee shall file written monthly reports on forms prescribed by the City within 20 days after the end of each month with the City Manager or designee. The report shall contain an accurate statement of all receipts under the franchise from all sources, the quantities of solid waste and recyclable materials collected, and the number of routes and customer accounts for both solid waste and recyclable materials collection.

(c)

Each franchisee shall file an annual report including a schedule of total gross revenues as defined in Section 3a. This annual report shall be examined by an independent certified public accountant ("auditor") to certify that the computation of gross revenue used to calculate franchise fees remitted is in accordance with the terms of the franchise. The auditor's report shall state that the examination was performed in accordance with professional standards established by the AICPA and shall be filed with the City Manager or designee within 120 days of the franchisee's fiscal year end.

(a)

Applications for a franchise hereunder shall be made to the City Manager or designee on such forms and in such manner as prescribed by the City. Said forms will require, at a minimum, the following information to be accompanied by supporting documents and any such other information as may be required by the City:

(1)

If the applicant is a partnership or corporation, the name(s) and business address(es) of the principal officers and stockholders and other persons having financial or controlling interest in the partnership or corporation; provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the names and business addresses of the local managing officers shall be required.

(2)

The applicant for a permit under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, and any person having any controlling or managerial interest herein, may be required to provide criminal histories, if requested by the City Manager or designee.

(3)

A statement whether such applicant operates or has operated a solid waste collection business in this or any other state or territory under a franchise, permit or license; and if so, where and whether such franchise permit or license has ever been revoked or suspended and the reasons therefor.

(4)

If applicant is a corporation, applicant shall submit proof that the corporation is in good standing in the State of incorporation and, if not a Florida corporation, applicant shall provide information certifying that applicant is qualified to do business in the State of Florida. If applicant is other than a corporation and is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant.

(5)

The applicant for a franchise shall possess equipment capable of providing safe and efficient services. In making such a determination and approving the method of operation for each applicant, the City Manager or designee shall require submittal of a list of the type, number and complete description of all equipment to be used by the applicant for providing service pursuant to this section. The franchisee shall provide an updated list each year as part of the annual report required in Section 4c above. The City Manager or designee may conduct an inspection of all equipment utilized in providing the services as outlined in the franchise.

(6)

The applicant shall maintain in full force and effect insurance as specified herein for all policies written in the applicant's name. A comprehensive general liability policy shall be maintained in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. This policy must also cover premises and/or operations, independent contractors, products and/or completed operations. A comprehensive automobile policy shall be maintained in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. This policy must also cover owned vehicles, hired and nonowned vehicles. A worker's compensation policy shall be maintained in statutory limits in accordance with Florida law.

(7)

The certificates of insurance shall be filed by the applicant, in the office of the City Manager or designee, and shall remain on file so long as the franchisee operates a franchise.

(8)

The applicant shall pay the City a nonrefundable application fee as prescribed in Section 6 at the time application is filed with the City Manager or designee.

(b)

The applicant shall execute form PUR7058, SWORN STATEMENT UNDER Sec. 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and submit it with the application.

(c)

The applicant shall execute a Drug-Free Workplace Form in accordance with Florida Statutes 287.087 and submit it with the application.

(a)

Application for commercial services franchise.

(1)

Solid Waste Collection and Disposal Services $250.00.

(a)

The City Manager or designee shall be responsible for granting, denying, suspending, or revoking a franchise. The basis for such actions may include, but is not limited to the failure to meet the requirements of this article; violation of any of the provisions of this article or any of the ordinances of the City, or the laws of the United States or the State of Florida, the violators of which reflect unfavorably on the fitness of the holder to offer solid waste and recycling collection services to the public.

(b)

Prior to denial, suspension or revocation, the applicant shall be given ten (10) days notice of the proposed action to be taken and shall have an opportunity to present to the City Manager or designee evidence as to why the franchise should not be denied, suspended, or revoked, within the ten-day period. The notice of intention of denial, suspension, or revocation shall be served upon the applicant or franchisee by registered mail or personal service.

(c)

Any applicant or franchisee whose franchise is denied, suspended or revoked by the City Manager or designee may appeal the decision to the City Commission. The appeal shall be taken by filing a written appeal, in duplicate, with the City Clerk within 10 days after the decision of the City Manager or designee to deny, suspend, or revoke the application or franchise. The City Manager or designee shall forthwith transmit copies of the appeal to the City Commission along with all papers constituting the record upon which the action appealed is based. The City Manager shall place the appeal on the agenda of the next regularly scheduled City Commission meeting which is not less than 10 days from the date of the filing of the appeal. The City Commission shall review the record and decide whether or not to uphold the decision of the City Manager or designee. The City Commission shall render its decision in writing within ten (10) days of the meeting and it shall constitute a final administrative action.

It is the declared intent of the City Commission of the City of Alachua, Florida, that, if any section, subsection, sentence, clause, phrase or provision of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.

All ordinances, or parts of ordinances, in conflict herewith are to the extent of such conflict hereby repealed.

This ordinance shall be effective immediately upon adoption by the Alachua City Commission.

PASSED on first reading this 2nd day of February, 2004.

PASSED and ADOPTED in regular session, with a quorum present and voting, by the City Commission, upon second and final reading this 18th day of February, 2004.

All terms and conditions of Ordinance 04-15 remain full force and effect.

The term of each franchise shall commence on February 18, 2014 and shall extend until September 30, 2014, with an option to renew for another two-year term beginning October 1, 2014 and ending September 30, 2016, unless forfeited or revoked sooner as provided herein. All franchises shall require completion of an application, which shall be valid for the term of the franchise. A franchise, once granted, may not be assigned or transferred without the express written approval of the City.

It is the intention of the City Commission of the City of Alachua, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Alachua, Florida; that the sections of this ordinance may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article" or other appropriate designation to accomplish such intention.

All ordinances or parts of ordinances in conflict with this ordinance are, to the extent they conflict with this ordinance, repealed.

It is the declared intent of the Alachua City Commission that, if any section, sentence, clause, phrase, or provision of this ordinance is for any reason held or declared to be unconstitutional, void, or inoperative by a court or agency of competent jurisdiction, such holding of invalidity or unconstitutionality shall not affect the remaining provisions of this ordinance and the remainder of this ordinance, after the exclusion of such part or parts, shall be deemed to be valid.

This Ordinance shall be effective upon its passage and adoption on the second and final reading.

PASSED on first reading on the 11th day of August, 2014.

PASSED and ADOPTED in regular session, with a quorum present and voting, by the City Commission, upon second and final reading on the 25 ^th day of August, 2014.