HomeMy WebLinkAboutResolution No. 1972-05 MICROFILMED
• 4.10-80
RESOLUTION 72 - 5
A RESOLUTION APPROVING A SUPPLEMENTAL FRANCHISE '°
AGREEMENT TO THAT CERTAIN GARBAGE FRANCHISE
DATED AUGUST 28, 1962, AS AMENDED ON FEBRUARY 5,
1963, DECEMBER 14, 1965, AND NOVEMBER 7, 1967;
PROVIDING AN EFFECTIVE DATE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. The Supplemental Franchise Agreement attached
hereto and by reference made part hereof, is hereby approved, and the
Mayor and City Clerk are hereby authorized to execute same on behalf of
the City.
SECTION 2. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, on this 2 0 th day of January, 1972.
,„„ it •
Ai
ayor
Attest:
City Clerk
Approved as to Form:
•ity Attorney
RES
PAGE 1 ®F4
SUPPLEMENTAI, FRANCIIISL' AGREEMENT
'nits Agreement made and entered into this 20th day of January,
1972, by and between the CITY OP CAPE CANAVERAL, FLORIDA, here -
Inafter called "(7I11 "' and L. L. I LECKINGER REFUSE SERVICE,
hereinafter referred to as "COLLECTOR,"
W ITN ESSL'T11:
WHEREAS, by Agreement dated the 28th day of August, 1962,
between Canaveral Disposal Service, Inc. , and the City of Cape Canaveral,
Florida, the said Corporation was awarded it Franchise fm• the collection
of garbage, trash, rubbish and refuse within the City under the terms and
conditions as set forth in said Agreement; and
Wl11"REAS, by Supplemental I'rmtchise Agreement dated the 5th
day of February, 1963, by and between the City of Cape Canaveral,
Florida, and the Canaveral Disposal Service, Inc., the terms of the
original Agreement were modified as set forth in the said Supplemental
Franchise Agreement; and
1411EREAS, the City of Cape Canaveral, did on the Will day of
December, 1965, approve the assignment of the said Franchise Agreement
and the Supplemental Franchise Agreement from the Canaveral Disposal
Service, Inc. to L. L. Fleckinger Refuse Service, and at the same time
having approved the supplemental Franchise Agreement by and between
the City of Cape Canaveral and L. L. Fleckinger Refuse Service; and
WHIEREAS, it now appears that there is a need to increase the
rates in certain categories for garbage, trash, rubbish and refuse
collection;
NOW THEREEFORE, in consideration of the mutual covenants and
conditions herein set forth, tite said Franchise Agreement and
Supplemental Franchise Agreements between the City and Collector are
PAGE Z OF'}
amended and supplemented as follows:
1. The following rate schedule shall apple for all services render-
ed by the Collector and are the charges that the Collector shall utilize
from the effective date of this Supplemental Agreement:
(1) The Collector shall charge S3. 25 per month for single
residences; for two (2) pick -ups per week with the collections at the
rear. Said pick -ups will be limited to the contents of nut more than two
(2) thirty (30) gallon garbage containers (which meet the State Board of
Health requirements) per family unit. Additionally, this is to include
da111eStIC rubbish Pick -ups of one (1) pick -up weekly at the curb. In
providing this service the Collector shall not be required to pick -up hI
excess of two (2) bushels and one (1) bundle with a total VOIUn1C not to
exceed three (3) cubic feet per pick-LIP.
2. The (ollector shall charge it fee for commercial garbage
collection that is agreed upon by the owner of such commercial establish-
ment and tine Collector, with the approval of the City, provided however,
that such fee shall not exceed 'I\vo dollars and ten cents (S2. 10) per cubic
yard for garbage collected. If an Agreement cannot be reached as to
collections and Prices to be billed, then, in that event, the City shall
act as arbitrator and set the collection schedules and prices to he
charged for the collecting of refuse front such commercial establishments,
:I, For services rendered by the Collector to apartment buildings,
tI e following charges are to be made:
I (a) The sum of 'Iwo dollars (52.00) per 111011111 per unit on ail
apartment buildings containing not less than four (a) nor more than eight
(8) units without regard to whether such units are occupied or lint.
(b) 'Ilse sum of One dollar and sevengv-five cents (SI. 75) Per
111011111 per unit 011 all apartment buildings containing nine (0) or store units
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without regard to whether such units are occupied or not.
(c) In order to avoid undue hardship on any apartment build-
ings experiencing on an average of in excess of one-third vacancies
during any month, Collector may,
request of the owner, operator
or manager of any such apartment building, charge the sum of Two
dollars and twenty-five cents ($2. 25) per month per occupied unit, upon
receiving satisfactory evidence that such apartment building experienced
one-third or more vacancies on an average during the month.
4. The Collector shall charge a fee of One dollar and fifty cents
($1. 50) per single family trailer residence of two pick-ups per week.
The trailer park manager or owner is permitted to negotiate a flat rate
fee for the entire trailer park with the Collector. However, if the trailer
park owner or manager and the Collector cannot agree on a flat rate fee,
then the collection fee shall be One dollar and fifty cents ($1. 50) per
single family trailer residence for two pick-ups per week.
5. All other terms and conditions of the Franchise Agreement
and Supplemental Franchise Agreements shall remain in full force and
effect unless specifically amended or changed by this Supplemental
Agreement. The purpose of this Agreement is to amend the rates
charged by the Collector and is not meant to change any of the conditions
or requirements of the previous Franchise Agreements and Supplements.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals, the City has affixed its corporate seal, the day and year first
above written.
L. L. FL CKING .' REFUSE SERVICE
Y OF CAPE ANAVERAL, i LORI
By i` to
(Seal) l ayor
Attest:
City Clerk
RES
P AGE + 0 Fye