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HomeMy WebLinkAbout1963-037RESOLUTION N �IjhBE, IT RESOLVED by the Board of County Commissioners of Indlan River County, Florida: I SECTION I This Resolution shall be known and may be cited as clijETTIS SANITATION sERvICE franchise. I SECTION 11 For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense Include the future; words in the plural number include the singular and vice versa. The word "shall" in always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida. I (b) "Company" Is the Grantee of rights under this franchise, that in, CLIETT13 SANITATION IwIERVICh, a Vole pro- prietorship of Alphonso Cliett, whose address is P. 0. Box 5502, Gifford, Florida. (a) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, asso- ciation, corporation, company or organization of any kind. (e) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any mu- nicipality as the same is more particularly defined and des- cribed herein. (f) "Garbage or Trash Service" shall mean the pick - Ing up I of garbage or trash, hauling the name to a dump and in- cinerator, or any other method of treating garbage or . %Yash.' • DOW ROBERT JACKSON, ATTORNEY AT LAW, YERO BEACH, FLORIDA r rs I DDDR c7'PAGE'�t7v'" (g) "Garbage" shall mean worthless, &fcnsive mat- ter, offal, refuse, animal or vegetable matter ordinarily from kitchen, market or store. (h) "Trash" shall mean any material except garbage that has been rejected for use and cast away for disposal. SECTION III It is hereby granted by the County to the Company, the non-exclusive franchise, right and privilege to operate +, garbage service and trash service within the prescribed terri- tory as herein provided. SECTION IV The territory in which this franchise shall be appli- cable is all that part of Indian River County, State of Florida located within the following boundary lines, to -wit: All of Indian River County, Florida except that part of Indian River County lying North of State Road 510, and cast of the South Fork of the Sebastian River, and South of the North County line, and West of the In- dian River. SECTION V The Company shall at all times during; the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regu- lation as the County shall hereafter by resolution provide. SECTION V1 It is expressly understood and agreed by and between the Company and the County that the Company shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Company in the operation or maintenance under the terms of this franchise. The parties agree that in the construction of -2- ROBERT JACKSON, ATTORNEY AT LAW, VERO DEACK FLORIDA t this section, the claim of any person resulting from negligence on the part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity ac- crued to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demand. SECTION VII z, The Company shall maintain and operate its garbage service in accordance with the rules and regulations as are or may be set forth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the pro- visions herein contained and existing applicable resolution or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be rea- sonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. SECTION VIII (a) The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the con- duct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in con- flict with the provisions hereof or with the laws of the State of Florida. (b) At all times herein where discretionary power 1s left with the Board of County Commissioners, said power shall be exercised in accordance with the provisions of the Utility Act of Indian River County. w p00K p �+AOE��j. -3- ATTORNEY 4 ................. cum 000A 8 a SECTION IX The Company shall riot, as to rates and charges, make or grant any preference or advantage to any person, pro- vided that nothing herein shall prohibit the establishment of a graduated Beale of charges and classified rate schedules to which any consumer coming within such classification would be entitled. SECTION_X The Company shall not sell or transfer its garbage service to another nor transfer any rights under this fran- chise to another without the approval of the Hoard as set forth in the Utility Act of Indian River County. SECTION XI The rates charged by the Company for its service here- under shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under efficient and economical management. The Company agrees that It shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein provided, to -wit: MONTHLY GARBAGE RATES Residence: fifty Cents (50¢) per dwelling per week; payable monthly for twice week- ly service. Business: At a mutually agreed upon rate based upon the amount o1' waste and waste material. Garbage service pickup will be established by the Company at the commencement of this franchise. .-4- C' ROEERT MCKSON,.. ATTORNEY AT LAW, VERO BEACH, FLORIDA s In all areas East of the Indian River to be referred to as the beach area, all pickup$ will be at the rate of $.75 per pickup; provided, however, that all pickups in the beach area will be made pursuart to agreements between the consumer and the G)mpany as to the number of pickups per month. If any person serviced by the Company under this franchise complains to the Board concerning the rates, charges and/or operations of such utility and the Company, after request is made upon it by the Board, fails to satisfy or remedy such complaint or objection or fails to satisfy the Board that said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review the rates and charges set and charged by the Company for the services which it furnishes or the nature and character or the service it fur- nishes or the quality of services furnished. If the Board enters its order pursuant to such hearing and the Company feels it is aggrieved by such order, the Company may.seek re- view of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Company shall promptly comply with the order of the Board. SECTION XII The County shall have access at all reasonable hours to all'of the Company's contracts, accounting, financial, sta- tistical, consumer and service records relating to the opera- tion of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the County when required. SECTION XIII The Company shall at all times maintain public lia- bility and property damage insurance in such amounts as shall -5_ COOK 51 J be required from time to time by the Hoard in accordance with good business practices as determined by safe business stan- dards as established by the Hoard for the protection,of the County and the general public and for any liability which may result from any action of the Company. SECTION XIV Should the Company desire to Increase any charges heretofore established and approved by the Hoard, then the Company shall notify the Board in writing, setting forth the schedule of rates and charges which Is proposes. A public hearing shall then be held on such request, of which notice shall be'given by publication in a newspaper regularly published In said County at least one time not more than one month nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Hoard. Said hearing may thereafter be continued from time to time as determined by the Board. If the Hoard enters order pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person may neck review of the Board's action by proceedings in the Circuit Court of the County. SECTION XV If the Company falls or refuses to promptly and faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Company written notice of such deficiencies or defaults and a reasonable time within which the Company shall remedy the same, which notice shall specify the deficiency or default. if the Company fails to remedy such deficiency or default within the time required by the notice from the Hoard, the Board may thereafter schedule a hearing concerning the same with reasonable • notice thereof to the Company and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the Board. If the Board enters order pursuant to such hearing, and the Company or any other person feels aggrieved by such order, tY.e utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. i SECTION XVI The Company shall have the right to discontinue ser- '.' vice to any consumer within the above described area in the ' event of non-payment of his garbage service bill. The company agrees that it will maintain the garbage service as provided herein with motor vehicles of sufficient size, safety and adaptability for garbage service as may be required from time to time by the Board. Equipment used in collecting, hauling and dumping garbage must be a fully enclosed vehicle of wood or metal with water -tight bottom sufficient to prevent leakage and with wood or metal doors to be opened and closed in order that the con- tents thereof may not be lost, spilled or blown from the equip- ment. SEC'.Plot! XVII Nothing in this franchise shall be deemed as making it mandatory for any person to use the garbage service as herein provided where a proper and/or legal. disposition of his garbage by other means is made and as long as he abides by sanitation laws, ordinances, and statutes on the subject. %t no other system of collection, person, company or firm may _7- IIRORERT JACKSON, ATTORNEY AT LAW, YM REACH, FLORIDA Hex v 4A6E'29� charge for the collection of garbage and trash except the holder.of this franchise, and the holders of other non-exclu- sive franchises duly entered Into by the County, provided, however, that the County agrees not to grant any other fran- chises for garbage collection service other than the follow- ing named persons, firma or corporations, to -wit: Rural Sanitation Service, Andy's Sanitation Service, and W. Ii. Owens Sanitation Service unless and until a public hearing shall be held by the Board of County Commissioners pursuant to an application for a fran- chise and after notice, as provided by law, has been made, and the County agrees that said application shall not be approved if any or all of the above named persons, firms, or corpora- tions demonstrate to the Board of county Commissioners that said above named persons, firma or corporations are capable or and agree to provide the service which the applicant desires to render. SECTION XVIII The Company, its successors and assigns, shall have the rights and privileges and power to use the streets, roads and alleyways, and passageways of the County of Indian River to collect garbage and trash. All collections of anything shall be made with the least practical delay and inconvenience to the public and individuals. No obstructions may be placed by the Company or its successors in the streets, sidewalks, alleyways and passage- ways of the County without the consent of the Board. The Company shall be liable for all Injuries and damages to persons or property occasioned by any other manner of collection than set out herein or by carelessly obstructing the streets, highways, sidewalks, alleys or public places for the aforesaid purposes. ROBERT JACKSON, ATTORNEY AT LAW, VERO DEACII, FLORIDA _SECTION XX The holder of this franchise shall not have the right or condemnation or of eminent domain. SECTION X)(I The holder of this franchise must comply with all existing ordinances, statutes and codes and must follow such procedure of operation as to be sanitary and not to be a nuisance or discredit to the County. The Company must make collections as often as necessary from all parts of the Country designated as set forth in the rate schedule mentioned above and as may be determined by the Board from time to time. -9- gCoX 8 liGE*2 9%# a 70 1�1 ft01J(RT JACKSON, ATTORNEY AT LAW, VERO REACH, FLORIDA SECTION.. X1 The company shall collect all garbage and trash from • parties availing themselves of the use of the garbage service as provided herein when such garbage and trash are put in re- ceptacles designated and these receptacles are placed in the proper places on properties. Prior to any action of the Board concerning the designation of receptacles or placement of said receptacles by the Board, the Company shall have the right to set its regulations and requirements, which in all cases may be reasonable and just. It is agreed and understood that fallen trees are not to be considered trash, but customers of this garbage service and the holder of the franchise may contract with each other for the removal of trees fallen or otherwise, should they desire, and the pay for this service will be se- parate and apart from the rates charged for the collection of garbage and trash. Wooden boxes, pasteboard cartons eta., that merchants have and collect from day to day in routine of business shall be considered trash. _SECTION XX The holder of this franchise shall not have the right or condemnation or of eminent domain. SECTION X)(I The holder of this franchise must comply with all existing ordinances, statutes and codes and must follow such procedure of operation as to be sanitary and not to be a nuisance or discredit to the County. The Company must make collections as often as necessary from all parts of the Country designated as set forth in the rate schedule mentioned above and as may be determined by the Board from time to time. -9- gCoX 8 liGE*2 9%# a 70 1�1 ft01J(RT JACKSON, ATTORNEY AT LAW, VERO REACH, FLORIDA • HOW SECT70N XXII The Company shall not be allowed the right to extend the collection service to residences and businesses outside of the franchise area as described above without prior permis- sion of the Board. SECTION XXIII The Company shall have the burden and responsibility of disposing of garbage and waste and trash collected, and the Company will obey all laws and regulations regarding disposal of same and will not make or cause a nuisance. The County may make uniform charges, fees, or taxes to each franchise holder for the maintenance of a public dumping grounds. The County may make reasonable rules and regulations providing where, when and how each franchise holder may dump garbage or trash in the public dumps provided by the County. SECTION XXIV The franchloo and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Hoard and shall continue in force and effect for a term of thirty years after ouch adoption. SECTION XXV If any word, section, clause or part of this reso- lution is held invalid, such portion shall be deemed a separate and independent part of the same and shall not invalidate the remainder. IN WITNESS WHEREOF, the Hoard of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the -10- 40 Chairman of the Board of County Conunisaioners, and its Veal to be a £fixed and attested by its Cleric, all pursuant to the reso- lution of the Board of County Commissioners adopted on the r' day of r �_ _ _ 1963 COUNTY OF INDIAN RIVER, FLORIDA ( D'x, As Ghairman of the Board of County Commissioners c, Attest: / ee.,.r.t,,.,•r,_ �'2•-+w ,/� - - — — ,Clerk sealed and delivered in tfu, presence of: LA di 4. , ACCEPTANCE OF FRANCHISE .tl. ' CLIETIP S SANITATION SERVICE, a sole proprietorship, does hereby accept the foregoing franchise, and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and pro- visions therein set forth and contained. rDated at Vero Beach, Indian River County, Florida this ar5_ey day of `- — �l',.. 1g63. CLIETTIS SANITATION SERVICE By Alphonso Cliett Signed, sealed and delivered in the presence of: 900K 8 SAGE i ROBERT JACKSON. ATTORNEY AT LAW, VERO DEACtf, FLORIOA