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HomeMy WebLinkAbout3/21/1961TUESDAY, MARCH 21, 1961 The Board of County Commissioners of Indian River County, met at the Courthouse, Vero Beach, Florida in a regular meeting held at 9:00 o'clock A.M., Tuesday, March 21, 1961. All members were present. Also present were Sherman N. Smith, Jr., Attorney for the Board, Ed Schmucker, County Engineer and Katherine Morrison, Deputy Clerk. Homer Fletcher, Tax Assessor, appeared before the Board and requested permission to close his office during the afternoons'until he has completed the 1961 tax.roll. Upon Motion made by Commissioner McCullers, seconded by Conunissioner Hamilton and carried, said request was granted. Rosemary Richey, Superviso r of Registration appeared before the Board and introduced Mr. Randolph Shoup of the Shoup Voting Machine Co. who stated that their company had invented an accessory for the Voting Machines which would allow vertical voting. He stated that each of these vertical interlocking devices cost $49.50 each and that we would need three for each machine or a total of $166.50 per machine. Motion was made by Commissioner Macdonald, seconded by Commissioner Waddell and carried, to advertise for bids for enough supplemental accessory inter- locks to supply our 20 voting machines for vertical voting in three columns, and that these accessory interlocks to be installed by December 31, 1961. The County Attorney stated he had set up a meeting with the Turnpike Authorities to try to get them to make a traffic and engineering survey routing by Melbourne. Sherman N. Smith, Jr. stated that the State Road Department noted that we had not included Indian River Boulevard in our Secondary Road Resolution. Upon Motion made by Commissioner Waddell, seconded by Commissioner Macdonald and carried the following Resolution was adopted: RESOLUTION- NO. 61-16 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did heretofore adopt its Resolution directed to the State Road Department of Florida whereby said Department was requested and directed to use Indian River County's prorata share of the secondary road funds coming into the hands of said Department i.n the construction (including rights of way acquisition, surveys, etc.) of certain roads in Indian Fiver County, Florida, as designated and described in said Resolution; and, WHEREAS, the Board of County Commissioners have reconsidered said matter and now desire to change the description of project or use of secondary road funds for the fiscal year of said Department beg_ ,ng July 1, 1961; Now, therefore, IT RESOLVLL) by the Board of County Cousuissioners L :ti?_ J1 River County, Florida, that this Loard does herewith mend its said Resolution heretofore adopted in order that the description of project or use of secondary road funds for the fiscal year of the State Road De- partment beginning July 1, 1961 shall be as follows, to -wit: 1. Stub Connections for extensions of existing roads fro;u present SR'd'5 to new SR 05 as follows: (a) South Gifford Road or SR0630 - Length Approx. 400 feet. (b) North Gifford Road or SR#506 - Length Approx. 460 feet. (c) South Winter Beach Road or SR0632 - Length Approx. 480 feet. (d) North Winter Beach Road or SR 503 - 'Length Approx. 440 feet. (e) Cemetery Road (1/4 Mile North of North Winter Beach Road) Length Approx. 450 feet. (f) Hobart Road (Twp. Line 31,32) A Lenth Approx. 600 feet. (Total Length of all stubouts approx. 2830 feet.) 2. Oslo Road or State Road 606 from SR#5 East to the East Drive of the Entomological Research Center of the Bureau of Entomology of the State Board of Health, and from Station 175,'00 West to Lateral C, and from Station 226,'46 East to SR#5. 3., Roseland Road, STate Road 505 from Collier Creek to the Florida East Coast Railway in Roseland with crossing signals at this crossing. 4. Wabasso Road or State Road 510 from State Road 5 West bit a point on the, South line of Section 26, Township 31 South, Range 38 East which was the beginning of Job 8851-150, and crossing signals at the Railroad track. 5. King's Highway or State Road 505A from North Relief Canal to North Winter Beach Road and from Hobart Road (South line of Section 5, Twp. 32 S, Range 39 E) to Wabasso Road or State Road 510. 6. .To survey on the ground and establish proper alignment ,.and right of way for Indian River Boulevard paralleling the West shore of the Indian River at a suitable and proper distance therefrom, extend- ing from the West right of way line of State Road 5, Sec. 88010-2208 at the intersection of the Township line dividing Township, 31 and 32 and extending South to the existing dedicated right of way by the City of Vero Beach at the Main Canal of the Indian River Farms Drainage. District, and then following the established right of way of the City to the South City Limits, then continuing South to return to said State Road 5 at a point in the general vicinity of the South County line, or in the general vicinity of the Oslo Road at the North line of Section 30, Township 32 S, Range 40 East, or some other suitable intersection point. Upon Motion made by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried, the following Resolution was adopted: RESOLUTION NO. 61- 17 BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that this Board does herewith respectfully request the State Road Department of Florida to extend the official designation of State Road 60 from its present Eastern terminus at State Road 502 Eastwar along State Road 502 to the Atlantic Ocean. The purpose of this resolution is to establish State Road 502 from State Road 60 to the Atlantic Ocean as State Road 60, whereby State Road 60 will then extend from the Atlantic Ocean as its Eastern terminus to the Gulf of Mexico as its Western terminus. 11 Clyde Howard appeared before the Board and stated that the Kelly's had not complied by the Zoning Resolution because the permit he took out for the buildings did not state that a Clubhouse was being built. The Board stated they would turn this matter over to Sherman to give him time to study it and report back to the Board. Sherman stated that in his opinion the matter of the permit would not make null and void the Zoning Resolution if the Kelly's were to have the Clubhouse, tracks, and other buildin_s built wi ,l ■ • . - - - VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida STATE OF FLORIDA COUNTY OF INDIAN RIVER: Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of �Jli. N . t9�w-ua� .1Cc, in the Court, was pub- lished in said newspaper in the issues of a-� t___151 ko 1 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount=, rebate, commission or refund for the purpose of securing this advertisement for publication in\tbie -laid newspaper. Sworn to'Ja s subscribed before me this 5 day 'ofrp^+-w� L Clerk of -the Cl.re,iit Cour (SEAL) - , R6 v idobt,t,i,w,c144tN Indian River Countj, Florida Public Notices NOTICE The Board of County Commis- sioners of Indian River County, Florida, will on the 21st day of March, 1961, at 10:00 o'clock A. M. in the Board of County Commission- ers Room in the Indian River Coun- ty Courthouse, Vero Beach, Florida, consider granting a franchise to W. H. Owens, Rural Sanitation Serv- ice, Andy's Sanitation Service and Curtis Hunter for garbage and trash service to all or various parts of Indian River County, Florida, lo- cated outside the limits of any in- corporated municipality. Parties in interest and citizens will be heard by the Board at said public meeting. This 8th day of March, 1961. BOARD OF COUNTY COM- MISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ROBERT W. GRAVES, Chairman March 9, 1961. After some discussion regarding the franchises, Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers, and carried, that the following Resolution be adopted: R E 8 O ?, O T I O$ NO . 61-18 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION , • This Resolution shall be known and may be cited as "W. H. Owens Sanitation Service Franchise."_ SECTION 2 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 in- clude the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) "Company" is the Grantee of rights under this fran- chise, that is, W. H. Owens Sanitation Service, a sole proprietor- chip of wt. H. Owens, Sebastian, Florida. (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, associa- tion, 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. (g) "Garbage" shall mean worthless, offensive matter, 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 3 It is hereby granted by the County to the Company, the non-exclusive franchise, right and privilege to operate garbage ser- vice and trash service within the prescribed territory as herein provided. SECTION 4 The territory in which this franchise shall be applicable is all that part of Indian River County, State of Florida, located within the following boundary lines, to -wit: All that part of Indian River County lying North of SR 510 and East of the South Fork of the Sebastian River and South of the North County line and West of the Indian River. SECTION 5 The Company shall at all times during the life of this franchise be subject to al1 lawful exercise of the police power and regulatory authority of the County and to such regulation 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 and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand what- soever resulting from negligence on the part of the Coarpany in the operation or maintenance under the teras of this franchise. The parties agree that in the construction of 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 accrued 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. sJCT ION 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 provisions herein con- • tained 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 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 The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Com- pany to exercise its rights and perform its obligations under this fran,7hise and to issue an uninterrupted service to each and all of its consumers, provided, however, that such rules, regulations, terms and conditions shall iaot be in conflict with the provisions hereof or with the laws of the State of Florida. b. At all times herein where discretionary power is left with the Board of County Commissioners, said power shall be exer- cised in accordance with the provisions of the Utility Act of Indian River County. SECTION 9 The Company shall not, as to rates and charges, make or grant any preference or advantage to any person, provided that -3- nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to which any consumer com- ing 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 to another without the approval of the Board as set forth in the Utility Act of Indian River County. SECTION 11 The rates charged by the 'Company for its service hereunder shall be fair and rex sonable and designed tr 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 ef- fect, the Company shall have authority to charge and collect not to exceed the following schedule of rates, Which shall remain effec- tive until changed or modified as herein provided, to -wit: ROMEO' GARBLE RATES Residence: Fifty Cents (500) per dwelling per week: payable monthly for twice weekly service. Business:. At a mutually agreed upon rate based upon the amount of waste and waste material. Garbage service pickup will be established by the Company at the commencement of this franchise. Should this franchise be subsequently extended to an area East of the River, then in that event, all areas East of the Indian River are to be referred to as the beach area and all pickups will *- be be at the rate of $.75 per pickup: provided, however, that all pickups in the beach area will be made pursuant to agreements between the consumer and the Company 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 at' hearing concerning such complaint or objection and the Board may re- view the rates and charges set and charged by the Company for the ser- vices which it furnishes or the nature and character of the service it furnishes ar the quality of services furraishr d. If the Board enters its order pursuant to such hearing and the company feels it is eg- q.r..in,e1 by such or:1,ar, the Company may seek review of the Board's by prcc`.ec,inge i Y the Circuit Cour of the County, otherwise, the Company shall promptly comply with the order of the Board. SECTION The Count", shall have access at all reasonable hours to all of the Cowan' c,J;1twa ta, accounting, fi;aancial, statistical, coniemaez and service rar'ord ; relating to ttv:• operation of the Com - 17 .and to all other records required to be kept by the Company, and teen Company ahall file such accounting reports and data with the County when required, SECTION 13 The Company shall at all time timee maintain puh1ic 1iabil ty en,.4 prope : ;:x ;• it:aeaage incur alma in such amou itt3 as shall be required from tine to time by the Board in accua:danc a with good business praticea as determined by safe business standards as established bJ 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. -5- SECTION 14 Should the Company desire to increase any charges hereto - before 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 proposers. A ptihlic_ 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 suc% notice shall be filed with the Board. Said hearing may thereafter he pontTrued from time to time as determined by the Board. if the Board enters order pureoant to such hearing and the Company or any pe-.:soj, teels aggrieved by such order, then the Company or such peg %3a a may .geek review of the Board's action by pro::eeairags in the Ci:rcai.t C;;urt of the County. SECT/ON l5 If the Company fails or refuses to promptly and faith- fully keep, perform and abide by each and all o: the terms and conditions of this frar4chise, then the Boa:d shall give the cos any written notice of such deficiencies or defaultst and a :eassozabL: time within which the Company shall remedy the rause, which notice shall specify the deficiency or default. If the Company fails to reedy such deficiency or default within the time required by the notice frog the Board, 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 Unit or restrict this franchise or may terminate and cancel the sane 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, the utility or such other person may seek -6- 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 service to any consumer within the above described area in the event of non-payment of his garbage service bili. 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 bntt'm sufficient to prevent leakage and with wood or metal doors to be opened and closed in order that the contents thereof may not be lost, spilled or blown from the equipment. SECTION 17 Nothing in this franchise shall be deemed as making it mandatory for any person to use the garbage service as herein pro- vided 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 statntes on the subject. Rut no other system of co'.le'' icon, person, comnanv, or firm, may charge for the collection of garbage and trash except the holder of this franchise, and the holders of other non-exclusive franchises duly entered into by the County, provided however, that the County agrees not to grant any other franchises for garbage collection service other than the fol- lowing named persons, firms or corporation, to -wit: W. H. Owens Sanitation Service Andy's Sanitation Service Rural Sanitation Service Curtis Hunter Sanitary Service -7- unless and until a publiG hearing' shall bf, held by the Roa.;-d of County Commissioners pursuant to an appli. atien for a fI anchise 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 corporations demonstrate to the Board of County Commissioners that said. above named persons, firms or corporations are capable of and agree to provide the service Which the applicant desires to render. SECTION 18 The Company, its successors and assigns, ignr, shat hair tr, rights and privileges and power to use the streets, roade and o11ey ways, and passageways of the County of Indiee Rivfsr to collect gar- bage and trash- All collections of arythi s} a l be made with the least practical delay and inconvenience to the public or individuals. No obstructions may be placed by the Company or its suc- cessors in the streets, sidewalks, alleyways, and paasagewale or the County without the consent of the .Board. The Company shall be liable fox 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, high- ways, sidewalks, alleys, or public places for the aforesaid purposes. SECTION 19 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 receptacles 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 loard, the Company shall have the right to set its regulations and requirements, Which in all cases may be reasonable and just. It is -8� agreed and understood that fallen trees are not to be considered trash, but customers of this garbage service and the holder of the franchise nay contract with each other for the removal of trees fallen or otherwise, should they desire, and the pay for this,ser- vice will be separate and apart fres the rates charged for the collection of garbage and trash. Wooden braces, pasteboard cartons, etc., that merchants have and collect from day to day in routine Of business shall be considered trash. SECT/ON 0 The holder of this franchise shall not have the right of condemnation or of eminent domain. SECTIOIii 21 The holder of this franchise must comply with all exist- ing ordinances, t,t .tutes and codes and must follow such procedure of operation as to be sanitary and not to be a nuisance or dis- credit to the County. The Company must make collections as often as necessary from all parts of the County designated as set forth in the Zate cileCdsle mentioned above and ad may be determines by the board Zrom time to time. sEC1{QM 24 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 permission of the 3oc.ld. SECTION 23 Thi 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 -9- charges, fees or taxes to each franchtse hrp1,7er for the mAthtenaaae of a public dnmping grounds. The '.7ounty ma.: make -:easonahle rulazi and regulations providing where, when and how eaob franligr,r holdaz may dnmp garbage or trash in the public dular,F; ?rovtded by the Canty. 7.TION 24 The franehiee and rights hereiy1 r,4nted eLal tak'Ift and be in force from And after the time ef t1 edoetiee ef resolution by the Board and shell eontinuc ir feree and cff,P.,-t fr,r (30) a term of years after .,urh adoot'c,n. SECTION 25 If any word, section, clause or part of thiR resolmtien is held invalid, such portion shall be deemed a separate and inde- pendent part and the same shall not invalidate the remainder. IN WITNESS weEREOP, the Board of County Commissionere ef Indian River County, vlorida, haa caused this franchise to be ex- ecuted in the name •ef the County of Indien qiver b? th.? ebairmae of tne Board of Couatt C(mmissionees, and ite eaal to ee affieel and attested by ite Clerk, all pursuant to the resolution of the Board of County Commissioners adoeted on the ;a/ , dee of A. D., Signed, sealed and delivered in the. esence ft tl.r, a • . 6 . ' ' • •. • —10— COUNTY OP INDIAN RIVER, FLORIDA By As tbatraan of the Board of County Commissioners. Attests Apefr44--Clerk ACCEBTANCI or FRApccom W. H. OWENS SANITATION SRAvicE, a sole proprietorship, does hereby accept the foregoing franchise, and for itself and its suc- cessors and assigns, does hereby covenant and agree to comely with and abide by all of the teras, conditions, and provisions therein set tax: t.n and contained. DATER) at Vero Beach, Indian River County,'Florida, this 1� day of . A. D., 1961. W. H. OWENS SANITATION SERVICi gy: , ' i W. h. Owens Sa.ae, sealed and d,,.i. .•,tar; in the presence of: OF rLOR::Jei ! COUNTY OF INDIAN RIVER ) 3s 1, an offILe c.uLhorized to take rknowiedgments of deeds F�•;.'.:.Sr.Ci lk1 . ;; 't -A tin. Stat.. of lE::zi 4.., acting, r:reby t; C W. 1.WENS, tcs Al personally known, a.w:+ a:....w1tN-;x'.$4.4 4.£.;)'!,w ase that he 44d..e.,:ut: ,a the ic,:.ejc,$n,.; .•,'a."' ceptance of Franchine, and that he affi..ea ti e,: to his r igai;.tuce. IN r«ITNisS& i:4 REoe, 1 have he*'gun;.: set my hanU ant/\ Jam. sea#, d$. sEi:Jq +sd :�, l iii3,.r :ilv'sry� C.C? si 3, Fle.s.t:ida, this k"1 da,✓� •� _ ., 14w1. f i / L.,�. 4/ - NOtdi Y � , tcit:' Jf i71✓:id . at Lo,vje. My c ti: i.t, w i. }id 1pi.. e �. f `"L ` Motion was made by Commissioner Waddell, seconded by Commissioner McCullers and carried, that the following Resolution be adopted: R ES0;LUTI0N :;C. BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 This Resolution shall be known and may be cited as the "Rural Sanitation Service Franchise". SECTION 2 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 in- clude the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) "Company" is the Grantee of rights under this fran- chise, that is, the Rural Sanitation Service, a sole proprietorship of Ann M. Fryer, Box 1305, Vero Beach, Florida. (c) "Board" is the Board of County Commissioners of the County. (d) "Porton" is any person, firm, partnership, associa- tion, corporation, company or -organisation 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 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. Ig) "Garbage" shall mean worthless, offensive matter, 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_ 3 It is hereby granted by the County to the Company, the non-exclusive franchise, right and privilege to operate garbage service within the prescribed territory as herein provided. The territory in which this franchise shall be applicable is all that part of Indian River County, State of Florida, located within the following boundary lines, to -wits All of Indian River County except that part of Indian River County lying north of SR 510 and east of the South Fork of the Sebastian River and south of the north County line and west of the Indian River. SECTION 5 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 regulation 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 and members of the Board harmless from any loss sustained by the 2 - 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 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 accrued 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. •;4CTIOw 7 The Company shall maintain and operate its „arbage 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 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. 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 conflict with the provisions hereof or with the laws of the State of Florida. b. At all times herein where discretionary power is left with the Board of County Commissioners, said power shall be exercised in accordance with the provisions of the Utility Act'of Indian Aver County. 3ECT1ON 9 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 scale of charges end classified rate schedules to which any consumer coming' within such classification would be entitled. t► W44Ow-10 The Company shall not sell or transfer its garba -.e service to another nor transfer any rights under this franchise to another without the approval of the Loard ns set forth in the Jtility :et of Indian River County. sEcTtpm 11 The rates char ed by the Company for its service hereunder shall be fair :end reasonable and designed to meet 311 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 shill be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent juris- diction to fix just, reasonable and compensatory rates. - 4 - When this franchise takes effect, the Company shall have authority to charge and collect not to exceed the f ollowin3 schedule of rates, which stall remain effective until chap;_,;ed or modified as herein provided, to -wit: residence: 2.25 per dwelling per month; payable monthly for twice weekly service. : us ines s : <,t a mutually areed upon rate based upon the amount of waste and waste 1"iiateri:<l. C;irbai-e service pica:un will be established by the Company at the commencement of this franchise. In all areas east of the Indian .:Iver to ' e re"crre=. to as the beach area, all pic6.ups will be at the rate of .;x.75 per picl:.up; provided, however, that all pic'_cups is the 1bcach will be made pursuant to z4:r-reements between the consu er and the Company as to the number of pickups per month. If any person serviced by the Company under this franchise complains to the L3oard 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 chargees set and charged by the Company for the services which it furnishes or the nature and character of the service it furnishes 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. 5 SEC.11ON 12 The County shall have access to all reasonable hours to all of the Company's contracts, accounting, financial, stat- istical, 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. SFCtT IOtd 13 The Company shall at all times maintain public liability and property damage insurance in such amounts as shall be ro-. quired 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.. SiXTION 14 Should the Comp:-'ny desire to increase any charges here- tobcfore established and snoroved by the Board, then the Company shn11 notify the iorrJ in writing., setting, forth the schedule of rates _ nd charges which it proposes. A public hearing shall then be held on such request, of which notice shall be given by publi- c^tion in newspaper reularly published in said County at least one time not more than one month nor less than one week preceding. such heorth . Certifies' proof of publication of such notice shall be filed with the :;oard. `said hearing; may thereafter be continued from time to time as determined by the ;soard. If the Board enters order pursuant to such hearing, and the Company or any person feels n rieved by such order, then the Company or such person may seek - G - review of the Board's action by proceedings in the Circuit Court of the County. BLCT IO d �a If the Company fails or refuses to promptly and faith- fully aith-fully keen, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall rive the Company written notice of such deficiencies or defaults and a reasonable time within which the Company shall remedy the sane, which notice shall specify the deficiency or default. If the Company faits to remedy such deficiency or default within the time required by the notice from the Board, the Board may there- after schedule a hearing, concernin, the same with reasonable notice thereof to the Company and after such hearity 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 enterd order pursuant to such hearing and the Company 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. SLOTICV 16 The Company shall have the right to discontinue service 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. - 7 - Equipment used in collecting, hauling and dumping gar.. a bage must be/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 contents thereof may not be lost, spilled or blown from the equipment. SECTION 17 Nothing in this franchise shall be deemed as making it mandatory for any person to use the garbage service as herein pro- vided where a troper 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. But no other system of collection, person, company, or firm, may charge for the collection of Larbaze and trash except the holder of this franchise, and the holders of other non-exclusive franchises duly entered into by the County, provided however, that the County agrees not to •rait any other franchises for garbage collection service other than the following named persons, firms or corporations, to -wit: Rural Sanitation Service Andy's Sanitation Service W. H. Owens Sanitation Service Curtis Hunter Sanitary Service unless and until a public hearing shall be held by the Board of County Commissioners pursuant to an application for a franchise and after notice, as provided by law, has been made, and the County agrees that said application shall not be approved mimes any or all of the above named persons, firms or corporations demonstrate to the Board of County Commissioners that said above named persons, firms or corporations are capable/and agree to provide the service - 8 - which the applicant desires to render. SECTION 18 The Company, its successors and assigns, shall have the rights and privileges and power to use the streets, roads and alley- ways, 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 or in- dividuals. 10 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 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. SECTION 19 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 receptacles designated and these receptacles are placed in the proper places on properties.. Prior to any action of the 3oard 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 removal of trees fallen or otherwise, should they desire, and thepay for .9.. 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. SECTION 20 The holder of this franchise shall not have the right of condemnation or of eminent domain. S}CTION 21 The holder of this franchise must comply with all existing ordinances, statutes and codes and must follow such pro- cedure 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 County designated as set forth in the rate schedule mentioned above and as may be deter- mined 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 the franchise area as described above without prior permission of the .3oard. SECTION 23 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 - 1.0- 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. SECTIO -:i 24 The franchise 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 (3D) for a term of feir&r ears after such adoption. SLCTION 25 If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITN SS 4HER OF, the Board of County Commissioners of Indian River executed in the of the Board of and attested by E3oard of County `riieyri, Signed in t County, Florida, has caused this franchise to be name of the County of Indian River by the Chairman County Commissioners, and its seal to be affixed its Clerk, all pursuant to the resolution of the Commissioners adopted on the ;2/ _ day of A.D.. 1SS9. /,9 / ealed and delivered resen of! Or COUNTY OF INDIAN RIVER, FLOaIJA As Chairman of the Board of County Commissioners AgckirTANC • OF FRA14CHISL . RURAL 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 provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this day of /l 6Lt el ., A.D., IikSii". /91,% iLned, sealed and delivered in the presence of: /A? RURAL SANITATION SERVICE 3y alf, -77/ .._9,2 Anne 4. Fryeri >T' ; or FLORI02 COU2TY OF s3 I, an officer authorized to take acknowledgments of deeds ^ccordinn to the laws of the .tate of Florida, duly qualified and actin, hereby certify that ANJE M. FRYER, to me personally known, this day acknoaled!-,,ed before me that she executed the foregoing Acceptance of Franchise, and that she affixed thereto her s ignature. 14 iIT°IE : 411.:.ttz0F, of Lci41 seal at Vero each, /- day of I have hereunto set my hand and In ian River County, Florida this A. O.. 11F5f)./96j 1,L 1otary Public, Stat Larne. :1y Commission of Florid _ires: Motion was made by Commissioner McCullers, seconded by Commissioner Hamilton and carried, that the following be adopted: Ref GLUT 1 Did NO. BE IT RESOLVED by the Board of County Commissioners of Indian !liver County, Florida LECTION! 1 This Resolution shall be known and may be cited as "Andy's sanitation Service Franchise." =TAO* 2 For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the waning given herein. Mhos not inconsistent with the context, words using the present tense include the futures words in the plural nuMier in- clods the singular and vice versa. Tho word "shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) "Company" is the Grantee of rights under this tram - Chimp, that is, Andy's Sanitation Ssrvics, a sole proprietorship of A. 0. Fitts and Ethel Fitts, 935 18th Flaeo, Vero Beach, Florida. (c) "bard" is the Board of County Commissioners of the County. (d) "Forson" is any person, fire, partnership, associa- tion, corporation, c slany or organization of any kind. (e) - "Territory" -sense the area located in Indian River County, Florida. outside the corporate Baits of any municipality as the sear is more particularly defined amd described herein. (f) 40atrbege or Trash Servitor* shall mean the picking up of garbage or trim*, heuliag the saw to a dtmmp and incinerator, or any ether method of treating gasbsge or trash. (!) • Nlarbago• shall sewn worthless, offensive matter, offal, refuse• eaUsal ere vegetable mottos ordinarily free kitchen, eambet ems steres . (h) "Wash' shall ares any material swept garbage that has been rejected for use ani east MY Ser disposal. It is hereby granted by the Comaty to the Ccstpaay, the none-o3cclursive franchise, right and privilege to operate garbage ser- vice and trash service within the prescribed territory as herein provided. SfClI 44 The territory in which this franchise shall be applicable is all that part of Indian River County. State of Florida. located within the following boundary lines, to -wits All of Indian River Couaty except that part of Indian River County lying North of 8R 918 and Nast of the South Fork of the Sebastian River and South of the North County line and west of the Indian River. The Company shall at all tires during the life of this franchisee be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. A;au,6 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 loard harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand what- soever 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 coastructioo of this section the claim of any person resulting from negligence en the part of the Company may be prosecuted directly by such person against the Ceopaey as -2- if no governmental immunity accrued to the County by virtu• 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. =Tutor 7 Th! Company shall maintain and operate its garbage service in accordance with the rules and regulations as are or nay be set forth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the provisions herein con- tained and existing applicable resolutions or laws, such additional regulations as it shall find necesoary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the law* of the State of Florida. slCTZQ1 • a. The Company shall have the authority to promulgate such rules, regulations, teras and conditions covering the conduct of its business as shall be reasonably necessary to enable the/ Coo - paw to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consUMsre, provided, however, that such rules, regulations, teras and conditions shall eat be in conflict with the provisions hereof or with the Laws of the State of Florida. b. At all tiaras berein where discretionary power is -left with the beard of Comaty Cemmtusioners, said power shall be exer- cised in acoeriaace with the provisions of the Utility Act of Indian River County. The Company *hall net, • as to rates and charges, make or grant any protersaee or advantage to any ierson, provided that .4.. nothing herein shall prohibit the establiehme et of a, g raduated scale of chargei and classified rate schedules to i+inic3 any oeswmer comp. Log within smah classification weal*" be entitled. SEcrzs ..1� The Company shall not sell or transfer its garbage service to another nor transfer any rights under this franchise to another without the approval of the Board as set forth in the Utility Act of Indian River County. IsEciAalk 11 The rates charged by the Company for its service hereunder 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 ef- fect, the Company shall have authority to charge and collect not to exceed the following schedule of rates, Which shall remain effec- tive until changed or modified as herein provided, to-rwits NWT= GAMMA ! '! Residence: Fifty Cents (50*) per dwelling per week; payable monthly forbwice weekly service. Business: At a mutually agreed upon rate based upon the amount of waste and waste material, Garbage service pickup will be established by the Company at the commencement of this franchise. In all areas east of the Iridian River to be referred to as the beach area, all pickups will be at the rate of $.75 per pickup; provided, however that all pickups in the beach area will -4- be made pursuant to agreements between the consumer and the company as to the nusetae : of pickups per month. if *ay persorx serviced by the Company under this franchise complains to the aoard concerning this rates, charges anti/or operations of such utility and the Com- pany, after request is made upon it by the Board, fails to satisfy or remedy such complaint or objection or fails to satisfy to* Board that said complaint or objection is not proper, the board may there- upon, after due notice to such utility, schedule a hearing concern- ing such complaint or onjaction and the hoard may review the rates and charges sect and charged by the Company for the +cervices which it furnishes or the nature and character of the service it furnishes or the quality of services furnished. I1 the Board enters its order pursuant to such hearing and the Company feels it is aggrieved by such order, the Coaepany Reay seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Com- pany shall promptly comply with fine order of the Board. $ECTI( 1? The County shall have access at a1 reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer and service records relating to the operation of the Cca- pant? and to all other records required to be kept by the CoapanY, and the Company shall file such accounting reports and data with the County *ben required. IFSCTZthi 3 The Company shall at all times maintain public liability and property damage insurance in such amounts as shall be required from time to time by.the Board its accsrdance with good business practiees- as determined by sales business standards as established by the board for the protection of the Cienty and the general public and for any liability liblek mey result fres any action of the Company. ..5- .11102111 .14. Should the Company desire to :Increase any charge* berets - before established and approved by the Board, thea the Caspawy shall notify the hoard in writing, setting forth the schedule of rates and charges which it proposes. A public hearing shall thea be held On such request, of which notice shall be given by publication in a newspaper regularly pubILsbsd in said County at least one tine not sore than one month nor less than one week preceding such heariiq. Certified proof of publication of such notice shall be filed witb the Board. said bearing may thereafter be continued frost time to tine as determined by the Board. If the Board enters order pursuant to such hearing and the Company o; any person feels aggrieved by such order, than the Company or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. 8*CTI9K » 1± the Company fails or refuses to promptly and faith- fully keep, perform and abide by each and all of the teras and conditions of this frnchise, then the Hoard shall give the Company written noti review of the Hoard's action by pror eed t ngs ir. the Circuit Court of the County. SECTIOX 16 The Company shall have the right to discontinue service to any consumer within the above deaczibew area in the even non-payment of his garbage service bill.. The Ccmp; n4 agreeeL that it will maintain the garbage service as provided herein with motor vehicles of sufficient sire, safety and adaptability for garbage service as may be required from time to time by the Board. Equipment used in collecting, hauling and damping garbage must be a fully enclosed vehicle of wood or metal with water -tight bottom sufficient to prevent leakage and with wed or metal doors to be opened and closed in order that the contents thereof may not be lost, spilled or blown from the equipment. SECTION 17 Nothing in this franchise shall be deemed as making it amatory for any person to use the garbage service as heroin pro- vided 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. But no other system of collection, person. company, or firm, nay Charge for the collection bt garbage and trash except the holder of this franchise, and the Solders of other nos -exclusive franchises duly entered into by the County, provided however, that the County agrees not to grant any ether fraedbises for garbage collection service other than the fol- lowing named persona, fires or corporations, to-wwit s Andy's Sanitation Service W. H. Owen's Sanitation Service Rural Sanitation Service Curtis Hunter Sanitary Service • unless and until a public hearing shall be held brt a lewd of County C6mmissiouera pursuant to an applicatiem for a framdhiso and after notice, as provided by law, has been made, ami the Cetmty agrees that said application Shall est be approved if any or all of the above named persons, firms or corporations demonstrate to the Board of County Commissioners that said above*ateed persons, firms or corporations are capable of and agree to provide -the service which the applicant desires to render. B=CC11 it The Company, its successors and assigns, shall have the rights and privileges and power to use the streets, roads and al ley- ways, a:3d pasaageway3 of the County of Indian liver to collect gar- bage and trash. Al! collections of anything shall be made with the least practical delay and inconvenience to the public or individuals. No obstructions may be placed by the Company or its suc- cessors 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 damages to persons 0: pxope ty oc< asioned by any other manner of collection than set out herein or by carelessly obstructing the streets, high- ways, sidewalks, alleys, or public places for the aforesaid purposes. pa ruwiae "hQreir, whem such jarbage and trash are put in receptacles ea,,.gaatr• and these receptacles are placed in the proper places Urs properties. Prior to any action of the Board come-ern/0g 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 The Compacta. pa hail _,oflect all garbage and trash from heel v 1< +es of the use of the garbage service as -s- agreed and understood that fallen tress ars not to be ceasidaerod trash, but customers of tnta garbage saxvice and the holder of t o franchise may contract with each other for the removal of trims fallen or otherwise, should they desire, and the pay for this ser- vice will be separate and apart from the rates charged for the eolieertion of garbage a►xsa trash. wooden boxes, pasteboard cartons, etc., that merchants have and collect: from day to day in routine of business shall be cons dared trash. The holder of this franchise shall not hove Lae of condemnation or of esaxnent domain. Tho holder of traiar franchise must defy with all exist- ing ordinances, statutes and cod** and must follow such procedure of operation as to be sanitary and cwt to be a nuisance or dis- credit to the County. The Company oust make collections as often as necessary fres all parts of the t:ounty designated as set forth in the rats schedule aeatioa ed above and aas mai be date inoki by the Board from time to time. 8BCTIO> 22 The Company shall not be allowed the right to extend the collection service to rosidanass and business** outside of the frac Oise area as described Aabove without prior permission of the Board. BdtTTCii 13 .The Cempamy *kali have the burden and responsibility of disposing of garbage and caste and trash collected, oared the Company will Obey all, laws and regulations regarding disposal of saws and will net sake or cause a nuisance. The County say sake uniform cbarges, fees or taxes t� oath frandhis* holder for the maintenance of a public dumping grounds. The County may make reasonable rules and regulations providing where, when and how oath freedhise holder may dump garbage or trash is the ambito dumps prevtded hythe COunty. mscuov 24 The franchise and rights herein granted.shall take effect azi.d be in force from ad after the time of the adoptiOn of this 441, resolution b the Board and shall continue in force and effect fior ' /..1,0 a term of -fiewsty ars after such adoption. sj.crzobt 2. If any word, section, clause or part of this resolution is held invalid, such portion 'hal/ be deemed a separate and inde— pendent part and the same shall not invalidate the remainder. IN WM. WHBREOP, the Board of County Commissioners of Indian Airier 2ounty, Florida, has caused this franchise to be ex— ecuted in the nam ,..f.' the idounty of indl.au River by the Chairman t 3(a.A.d ot County Ccxmaissioners, and its seal to be affixed arid at,.ested by its Clerk, all pursuant to the resolution of the Board of County COMM.7.80/10 adopted on tile 1L__. day of 19P. iagrved,,,,etteled and delivered • cot; 2Y 0? INDIAN RIVER, noRmA As Chairman of the Board of ,1<unty C,ammtasionetn. Attests taide., Clerk Accsrozcz or rmscsunt MDT'S SASITATIOI SERVICE, a sole proprietorship. doss hereby accept the foregoing franchise, and for itself and its mac - masers and assigns, does hereby covenant and agree to comply with and abide by all of the term, conditions, and provisions therein sot forth and contained. DATED at Vero beach, Indian River County, Florida, this day of ?)1A/U/tX A. D., 1961. Signed, sealed and delivered in the presence oft STATE C FLORIDA COOSTY OF =DIAS R/VSR ) ea. MDT'S SASZTATION SERV/CS Sys /(t A. G. Fate / lithe/ Fitts X. an officer authorised to take acknowledgments of deeds according to the lave of the Stats of Florida, duly qualified and acting, hereby certify that A. G. FETTE and STEEL 'UTZ, to as per- Seeeily known, this day acknowledged before me that they executed the foregoing Acceptance of Franchiseand that they affixed there - .to their signatures. ES WxTU8 wismor, 1 have hereunto set my hand and seayltiftreileadh, Ind&an River County, Florida, this, day of 614,,se44,1 • A. D., 1961. • isiimv) ' Votary.PubtLc, State of VlorLda at Larg. Sty Commission Expires' Or -et' 12 7/ Motion was made by Commissioner McCullers, seconded by Commissioner Hamilton and carried, that the following Resolution be adopted RESOLUTION NO. 61-21 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 This Resolution shall be known and may be cited ae'Curti's Hunter's :,anitary :service Franchise." SECTION 2 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" is always mandatory. (a) "County" is Indian River County, a political subdivision of the ,tate of Florida. (b) "Company" is the Grantee of rights under this franchise, that is, Curtis Hunter's sanitary Service, a sole proprietorship of Curtis Hunter, whose address is r'. O. Box 5304, Gifford, Florida. (c) "Board" is the Board of County Commissioners of the County (d) ''erson" is any person, firm, partnership, association, cor poration, 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 pick ing up of garbage or trash, hauling the same to a dump and incinerator, or any other method of treating garbage or trash. (g) "Garbage" shall mean worthless, offensive matter, 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. SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA :>ECTION 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 herein provided. SECTION 4 The territory in which this franchise shall be applicable 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 that part of Indian River County lying North of ,tate Road 510 and East of the South Fork of the ':;ebastian River and south of the North County line and West of the Indian River. >ECTION 5 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 regulation as the County shall hereafter by resolu- tion provide. SECTION 6 It is expressly understood and agreed by and between the Com- pany 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 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 accrued to the County by virtue of th e Company' use of a public place of the County. The County shall notify the Company promptly 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 Ca my to adopt -2- SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA • in addition to the provisions herein contained and existing applicable resolu- tions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County. pro- vided 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. Sb CTION 8 (a) The Company shall have the authority to promulgate 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 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 conflict with the provisions hereof or with the laws of the state of Florida. (b) At all times herein where discretionary power is left with the Board of County Commissioners, said power shall be exercised in accord- ance with the provisions of the Utility Act of Indian River County. :SECTION 9 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 scale of charges and classified rate schedules to which any consumer 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 to another without the approval of the Board as set forth in the Utility Act of Indian River County. SECTION 11 The rates charged by the Company for its service hereunder 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 -8- SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA 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 arid compensatory rates. ,^."hen this franchise takes effect, the Company shall have authority to charge and collect not to exceed the following schedule of rates, which shall r e ruin effective until changed or modified as herein provided, to-wit: MONTHLY GARI3AG= RATr. Residence: :Fifty ;.:cants (Sud) per 'welling per week; payable monthly for twice weekly service. Business: At a mutually agreed upon rate based upon the amount of waste and waste material. Garbage service pickup will be established by the Company at the commencement of this franchise. In all areas iast of the Indian River to be referred to as the beach area, all pickups will be at the rate of $.75 per pickup; provided, how- ever, that all pickups in the beach area will be made pursuant to agreements between the consumer and the Company as to the number of pickups per month. If any person serviced by the Company under this franchise com- plains 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 charac- ter of the service it furnishes 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 C ounty shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer and -4- SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA • 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 tth en required. :SECTION 13 Th: Company shall at all times maintain public liability and property damage insurance in such amounts as shall be 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 e,ounty and the general public and for any liability which may result from any action of the L kmpany. eL.CTION 14 hould the Company desire to increase any charges heretofore 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 pro- poses. A public hearing shall then be held on such request, of Mich notice shall be given by publication in a newspaper regularly published in said Count 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. ,aiu hearing may thereafter be continued from time to time as determined by the Board. If the Board enters order pursuant to such hearing anu the Company or any person feels aggrieved by such order, then the Com- pany or such person may seek review of the ,Board's action by proceedings in the Circuit Court of the County. ECTION 15 If the Company fails or refuses to promptly and faithfully keep, perform and abide by each and all of the terms and conditions of this franchi 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 Board, the Board may thereafter schedule a hearing concern- ing the same with reasonable notice thereof to the Company and after such -5- SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA 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 feu nd by the Board. If the Board enters order pursuant to such hearing and the Company or any other person feels aggrieved by such order. the utility or such other oerson may seek review of the Board's action by proceedings in the circuit Court of the County. ' HC.TIr)N 16 The Company shall have the right to discontinue service to any consumer within the above described area in the event of non-pavrrent 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 contents thereof may not be lost, spilled or blown from the equipment. '- ECTION 17 Nothing in this franchise shall be deemed as making it manda- tory 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. But no other system of collection, person, company or firm may charge for the collection of garbage and trash except the holder of this franchise, and the holders of other non-exclusive franchises duly entered into by the Caunty, provided, however, that the County agrees not to grant any other franchises for garbage collection service other than the following named persons, firms or corporations, to -wit: Rural Sanitation Service; Andy's Sanitation Service; W. H. Owens Sanitation Service; Curtis Hunter's Sanitary Service. -6- SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA unless and until a public hearing shall be held by the Board of County Com- missioners pursuant to an application for a franchise and after notice, as pro- vided 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 Bard of County Commissioners that said above • named persons, firms or corporations are capable of and agree to provide the service which the applicant desires to render. ECTICl+: 18 The Company, its successors and assigns, shall have the rights and privileges and power to u>5e the streets, roads and alleyways, and passage ways of the County of lntiian River to collect garbage and trash. All collec- tions of anything shall be made with the least practical delay and inconvenien to the public or individuals. N o obstructions may be placed by the Company or its succes- sors in the streets, sidewalks, alleyways and passageways of the Ccu nty with- out the consent of the Board. Tile 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. SECTION 19 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 receptacles designated and these receptacle are placed in the proper places on properties. t'rior to any action of the Board concerning the designation of receptacles or placement of said recepta- cles 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 separate and apart from the rates charged for -7- SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA the collection cf garbage and trash. wooden boxes, pasteboard cartons, etc.. that merchants have and collect from day to day in routine {.f bu.,-Ir1e ss shall be considered trash. The holder ECTI')1t 20 f this frau. ~h. 'all .. h . c: t";e r i ,.t ~f condem- nation or of eminent :lomat L C"I`l iii: 21 The holder of this francl;;s e.:ust c;omOy 'A ith all existing ordi- nances, Htatutes and odes a d must follow such procu_lurt: ,-f oae at1c as to be sanitary ane not to be a nui:.. lK or Liscredit to N. Thunt,. The Company must make collections as often as necessary frMr. all ,. arts )1 the County designated as set forth in the rate schedule mentioned above and as may be determined by the Hoard from time to time. ECTION 22 The Company shall not be allowed the right to extend the tion service to residences and businesses outside of the franchise area as described above without prior permission of the ward. SECTION 23 The C-,onapany shall have the burden and responsibility of dis- posing 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 WI ere, when an d how each franchiseilolder may dump garbage or trash in the public dumps provided by the County. SECTION 24 The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect for a term of thirty years after such adoption. 8 SMITH, HEATH IL SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA SECTION 25 If any word, .section, clause or part of this resolution is held invalid, sura portion shall to deemed a separate and independent part and the same ahall not invalidate the remainder. IN VvhER.EUF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of human lover by the Chairman of the Board of County C,oinnussioners, ant its seal to be affixed and attested by its Clerk, all pur- suant to the resolution of the ric ari. of County Commissioners adopted on the day of ` i, ) ; ,Igged, . sealed and delivered. .in the presence of: I f , 1961. COUNTY OF INDIAN RIVER, FLORIDA 13yAs a rman of the Board of County commissioners 4-0-- Attest:. .0 Attest:._ H.. ' 4, -�Cer ACCE'TANCE; OF FRANCHI"E CURTIS HUNTER'S SANITARY SERVICE, a sole proprietorship, does hereby accent 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 _27 day of , 1961. CURT UNT R'S SA TARP 'RVI CE By rt l bunter c.,igned, sealed and delivered in the presence of: SMITH, HEATH 8 SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA STATE OF FLORIDA COUNTY OF INDIAN ii.1Vi:R 1, an officer auti;o: i ed to take: ac:?cno,cledgt2ier is of deeds according to the laws of the L,tate of Florida, duly qualified and acting, the reby certify that Curti8 1 11liter, to ti.% p r avlla1i 1.1100a., uliy nay acix.uwledged before me taat he execute, the; foiregoing i.cceptance of Prdiuiiise, and that he affixed thereto his signature. rr eunt. :pct tilt' hallo and cffi- cial seal at Vero Beach , , Indian liiver Louiity, Floriva, tins ,2 (L day of (Seal) c. Notary i ublic, :,tate of Florida at Large. My Commission expires: �.. The Chairman stated that members of the Boards of County Commissioners from Indian river County, St. -Lucie County and Martin County udd met regarding the building of a detention home for juveniles and apl.ace to keep incompetents until they would be sent to the State FIosp tal. After some discussion, • the following Motion was made by Commissioner SMITH, HEATH & SMITH, ATTORNEYS AT LAW, VERO BEACH, FLORIDA • Macdonald, seconded by Commissioner McCullers and unanimously carried, that this Board does herewith request the Lesgislature to pass an enabling Act to authorise St. Lucie County, Martin County, Okeechobee County and Indian River County to enter into an agreement for the joint construction and maintenance of a facility designed as a Juvenile Detention Home and a place for the detention of incompetents and. similar related functions of the Counties requiring a home or place of detention, for meeting the responsibility of the respective Counties in the general field of Juveniles, incompetents and welfare. And further that a copy of this Motion be furnished to our Senator, Repre- sentative and the other counties involved. A letter was received from the Florida State Legislative of the Brotherhood of Railroad Trainmen requesting that their Board State Legislative Representative be afforded an opportunity to appear before this Board in connection with the proposed merger of the ACL and SA.':ailroads. The Board requested the Deputy Clerk write giving our meeting dates and time. A letter was read from Sam Joyce, Sheriff, requesting that the '`good time" of five days be taken from James Cummings. Upon Motion made by Commissioner Macdonald, seconded by Commissioner Hamilton and carried, the Board ordered that the good time of James Cummings be revoked. A letter was received requesting the Board advertise for bids for three mobile radios. Motion was made by Commissioner Waddell, seconded by Commissioner Macdonald, and carried, that bid Notice be prepared for the purchase of these radios. The architect, David Robison appeared before the Board and requested some changes be made to some equipment ordered for the Tax Collector, and further that several additional pieces of equipment be purchased. Motion was made by Commissioner Waddell approving the changing of the counter to a box type superstructure for the top of the counter for an additional $447.00, and changing the height of the four side counters to sitting position and provide space for typewriters, etc. at an addi- tional cost of $852.00, and further authorizing Notice to be published for bids to be received for furnishing one additional standing desk as specified in the original bid and two standing height tables 60" x 30" with closed end panels for the new office of the Tax Collector. This Motion was seconded by Commissioner Macdonald and unanimously carried. Mrs. Anne Christensen appeared before the Board and stated that she had a request from Mrs. Orla Shelton that the county place her mother in the Baptish Retirement Center and pay the cost of same. After some discussion in the matter, the Board told Mrs. Christensen they could do nothing for her. Motion was made by Commissioner McCullers, seconded by Commissioner Macdonald, and unanimously carried, that the following Resolution be adopted: RESOLUTION NO. WHEREAS, there is a total surplus of $16,500.00 in the Genera.. Revenue Fund of Indian River County under some items and which surplus exists after the payment of all necessary expenditures under such items for the current fiscal year; and WHEREAS, there is a deficiency in funds necessary to provide for the proper and authorized expenditures under some items in the General Revenue Fund; and WIEREAS, said items mentioned are a part of the same fund and the transfer from one item to another item in the same fund and. is not a transfer from one fund to another fund; therefore, BE IT RESOLVED that there is herewith transferred the sum of $16,500.00 from some items where there is a surplus to the items where there is a deficiency, according to detailed statement attached, all in the General Revenue Fund of the current budget of Indian River County as provided by law. Item to Item Transfers EXPENDITURES TRANSFERS A/C Name To 672. Civil Defense $3,600.00 311. Courthouse Furniture 7,900.00 Reserve for Contingencies • TOTAL $16,500.00 Erom $16,500.00 $16,500.00' There being no further business, the Board then adjourned. p*(73 3