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HomeMy WebLinkAboutResolution No.67-58RESOLUTION N0. 67 -58 A RESOLUTION APPROVING A SUPPLEMENTAL FRANCHISE AGREEMENT TO THAT CERTAIN GARBAGE FRANCHISE DATED THE 28TH DAY OF AUGUST, 1962 AND AS AMENDED ON THE .5th DAY OF FEBRUARY 1963 AND AS AMENDED ON THE 14TH DAY OF DECEMBER 1965; 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 this reference made a part hereof, is hereby approved, and the Mayor attested by the City Clerk is hereby authorized and directed to execute the 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 the 7th day of November 1967. ayor Attest: Cit. erK Approved as to Form: zy\,Attor e RES PAGE I OF* SUPPLEMENTAL FRANCHISE AGREEMENT This Agreement made and entered into this the 7th day of November 1967, by and between the City of Cape Canaveral, Florida, hereinafter called CITY and L.L. Fleckinger Refuse Service, hereinafter referred to as COLLECTOR. W I T N E S S E T H 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 a Franchise for the collection of garbage, trash, rubbish and refuse within the City under the terms and conditions as set forth in said Agreement, and WHEREAS, by Supplemental Franchise 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 WHEREAS, the City of Cape Canaveral, did on the 14th 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 WHEREAS it now appears that there is need to increase the rates in certain categories, for garbage, trash, rubbish and refuse collection, NOW THEREFORE, in consideration of the mutual covenants and conditions herein at forth, the said Franchise RES67-S6 PAGE z OF;�e .-.3'-d57 I Agreement and Supplemental Franchise Agreements between the City and the Collector are amended and supplemented as follows: 1. Paragraphs C -1 and C -2 of Section .2 of that Supplemental Agreement dated the 5th day of February 1963, by and between the City of Cape Canaveral, Florida and Canaveral Disposal Service, Inc., is hereby amended to read as follows; " (c) For such services the Collector shall charge and collect the following fees: (1) The sum of $1.75 per month per unit on all apartment buildings containing not less than four (4) nor more than eight (8) units, without regard to whether such units are occupied or not. (2) The sum of $1.50 per month per unit on all apartment buildings containing nine (9) or more units, witho.:t regard to whether such units are occupied or not." 2. Paragraph 6 of that certain Franchise Agreement entered into on the 28th day of August 1962s by and be- tween Canaveral Disposal Service, Inc., and the City of Cape Canaveral, Florida, is hereby amended to read as follows: 1. (6) The Collector shall charge $3.00 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 not more than two (!) thirty (30) gallon garbage containers (which meet the State Hoard of .Health requirements) per family unit. Additionally this is to include domestic 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 in excess of two (2) bushels and one (1) bundle with a. total volume not to exceed three (3) cubic feet per pick -up." RES 67 -S? PAGE 3 OF* __ as IN WITNESS WHEREOF the COLLECTOR causes these presents to be signed by L. L. Fleckinger and the CITY has caused these presents to be executed by its Mayor and attested to by its City Clerk, and its Corporate Seal affixed hereto onthe day and year first above written. L. L. Fleckinger Refuse Service Witnees/s:/� /� -1� rieexinger CITY OF CAPE CANAVERAL Attest: Mayor City Clerk RES&7 -Sg PAGE IV- 0 FD :- ,",5.59