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HomeMy WebLinkAbout1975-063dpb 40 R E S 0 L U T I O N NO.75-63 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 i This Resolution shall be known and may be cited as i "Indian River Sanitation Service Franchise." SECTION 2 I i 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 content, words using' the present tense include the future; words in the plural number include the singular and vice versa. The word "shall" is always mandatory. i (a) "County" is Indian River County, a political sub- division of the State of Florida. i (b) "Company" is the Grantee of rights under this franchise, that is, (c) 'Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (e) "Territory" means the area located in Indian River: County, Florida, outside the corporate limits of any municipality as the same is more particularly defined and described herein. (f) "Garbage or Trash Service" shall mean the picking 'up of garbage or trash, hauling the same to a dump and incinerator, or any other method of treating garbage or trash. 40 -2- (g) "Garbage" shall mean worthless, offensive matter, offal, refuse, animal or vegetable matter ordinarily from kitchen, I� market or store. (h) "Trash" shall mean any material except garbage that has been rejected for use and cast away for disposal. SECTION 3 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 territory as here- in provided. SECTION 4 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 except the incorporated areas of the County. SECTION 5 The Company shall at all times during the life of this i franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation i j as the County shall hereafter by resolution provide. SECTION 6 It is expressly understood and agreed by and between the Company and the County that the Company shall save the County l and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or de- mand 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 this section, the claim of any person resulting from negligence on the i 1 part of the Company in the operation or maintenance under the terms of this franchise. The parties agree that in the construc- tion of this section, the claim of any person resulting from neg- ligence on the part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptl after presentation of any claim or demand. SECTION 7 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 resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in I j said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. SECTION 8 j (a) The Company shall have the authority to promulgate L I. such rules, regulations, terms and conditions covering the conduct' of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under I. this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regu- lations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida. I. (b) At all times herein where discretionary power is left with the Board of County Commissioners, said power shall be i' exercised in accordance with the provisions of the Utility Act of Indian River County. -3-! SECTION 9 i The Company shall not, as to rates and charges, make or grant any preference or advantage to any person, provided that nothing herein shall prohibit the establishment of a graduated i scale of charges and classified rate schedules to which any con- I I sumer coming within such classification would be entitled. SECTION 10 The Company shall not sell or transfer its garbage service to another nor transfer any rights under this franchise i to another without the approval of the Board as set forth in the i. Utility Act of Indian River County. SECTION 11 i The rates charged by the Company for its service i i � hereunder shall be fair and reasonable and designed to meet all i inecessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under I efficient and economical management. The Company agrees that it i shall be subject to all authority now or hereafter possessed by jthe County or any other regulatory body having competent juris- diction to fix just, reasonable and compensatory rates. When I' this franchise takes effect, the Company shall have authority to charge and collect not to exceed the following schedule of rates, I�which shall remain effective until changed or modified as herein ji provided, to -wit: l Residential: $3.25 per month; two collections I' per week. is C Commercial or Government: $1.75 per cubic yard i. per pick-up plus container maintenance service fees 2 yard @ $12.00 per month 3 yard @ $14.00 per month 4 yard @ $16.00 per month 6 yard @ $18.00 per month 8 yard @ $20.00 per month i 46 • 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 of 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 review 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 12 The County shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statis- tical, consumer and service records relating to the operation 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 13 The Company shall at all times maintain public liab- ility and property damage insurance in such amounts as shall be l required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Company. I. -5-� 40 • SECTION 14 Should the Company desire to increase any charges heretobefore established and approved by the Board, then the Company shall notify the Board in writing, setting forth the schedule of rates and charges which it 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 Board. Said hearing may thereafter be continued from time to time as determined by the Board. If the Board enters order pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person may seek review of the Board's actions by proceedings in the Circuit Court of the County. SECTION 15 If the Company fails or refuses to promptly and faith- fully 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 I I 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 I time required by the notice from the Board, the Board may there- after schedule a hearing concerning the same with reasonable i 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. 4P If the Board enters order pursuant to such hearing and the '! II or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 16 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 I l water -tight bottom sufficient to prevent leakage and with wood '! or metal doors to be opened and closed in order that the contents li I l thereof may not be lost, spilled or blown from the equipment. I SECTION 17 Nothing in this franchise shall be deemed as making it i mandatory for any person to use the garbage service as herein ; li provided where a proper and/or legal disposition of his garbage by other means is made and as long as he abides by sanitation ii is laws, ordinances, and statutes on the subject. SECTION 18 The Company, its successors and assigns, shall have jl the rights and privileges and power to use the streets, roads and j alleyways, and passageways of the County of Indian River to col- lect garbage and trash. All collections of anything shall be is made with the least practical delay and inconvenience to the public or individuals. -7- i! i i i • No obstructions may be placed by the Company or its • successors in the streets, sidewalks, alleyways, and passageways of the County without the consent of the Board. The Company shall be liable for all injuries and damage 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. SECTION 19 i The Company shall collect all garbage and trash from f parties availing themselves of the use of the garbage service as provided herein when such garbage and trash are put in receptacles designated and these receptacles are placed in the proper places 1 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 con- sidered trash, but customers of this garbage service and the holder of the franchise may contract with each other for the re- moval of trees fallen or otherwise, should they desire, and the pay for this service will be separate and apart from the rates charged for the collection of garbage and trash. Wooden boxes, pasteboard cartons, etc., that merchants have and collect from day to day in routine of business shall be considered trash. II SECTION 20 The holder of this franchise shall not have the right of condemnation or of eminent domain. SECTION 21 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 I: -8- -9- or discredit to the County. The Company must make collections as often as necessary from all parts of the County designated as set forth in the rate schedule mentioned above and as tray be de- termined by the Board from time to time. SECTION 22 The Company shall not be allowed the right to extend the collection service to residences and businesses outside of I Ithe franchise area as described above without prior permission I of the Board. SECTION 23 i The Company shall have the burden and responsibility I of disposing of garbage and waste and trash collected, and the Company will obey all laws and regulations regarding disposal of i same and will not make or cause a nuisance. The County may make funiform charges, fees or taxes to each franchise holder for the j �imaintenance of a public dumping grounds. The County may make reasonable rules and regulations providing where, when and how i each franchise holder may p dum , garbage or trash in the public dump$ ;provided by the County. I �I SECTION 24 The franchise and rights herein granted shall take Jjeffect and be in force from and after the time of the adoption of I 1 this resolution by the Board and shall continue in force and leffect for a term of thirty (30) years after such adoption. I SECTION 25 I. If any word, section, clause or part of this resolution; li (! I ;!is held invalid, such portion shall be deemed a separate and inde- I i ,,pendent part and the same shall not invalidate the remainder. I! IN WITNESS WHEREOF, the Board of County Commissioners r of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chairman ii i'. I i i E--] -10- of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 24th day of September A. D., 1075 . Signed, sealed and delivered in the name of: ACL, COUNTY OF INDIAN RIVER, FLORIDA BY: As ,iairman of-thelffoar of County Commiss ners Attest: puty r 40 40 ACCEPTANCE OF FRANCHISE Indian River Sanitation Service, a sole pro- prietorship, 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 provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this 3rd day of October Signed, sealed and delivered in the presence of: , A. D., 1975 By: Proprietor i STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) ss. I, an officer authorized to take acknowledgments of 1 deeds according to the laws of the St teoof to,T da, d ly quali- fied and acting, hereby certify that /..�,c_ /\�c -- to me personally known, this day acknowledged before, me/tat they executed the foregoing Acceptance of Franchise, and that they affixed thereto their signatures. IN WITNESS WHEREOF, I have hereunto set my hand and i'; offi•ial seal at Very- a chi Indian River County, Florida, this 1� day of [_� C-�.� li.L.c, A. D., 197 I 7; 1: Notary Public, .tate oFlorida at Large. My commission exp: l -il-