HomeMy WebLinkAboutResolution No. 1965-None 12-14-1965_b r
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RESOLUTION NO.
A RESOLUTION APPROVING A SUPPLEMENTAL
FRANCHISE AGREEMENT TO THAT CERTAIN
GARBAGE FRANCHISE DATED THE 28th DAY
OF AUGUST 1962, AS AMENDED ON THE 5th
DAY OF FEBRUARY 1963.:. 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 is 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 in Special Meeting
on this the 14th day of December A. D. 1965.
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Approved as to Form:
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SUPPLEMENTAL FRANCHISE AGREEMENT
THIS AGREEMENT, made and entered into this the 14th
day of December 1965, by and -between the City of Cape
Canaveral, Florida, hereinafter called "City" and L. L.
Fleckinger Refuse Service, hereinafter referred to as
"Collector"
WITNESSETH
WHEREAS, by Agreement dated the 28th day of August
1962 between Canaveral Disposal Service, Inc . , and the
City of Cape Canaveral, the said Corporation was awarded
the franchise for the collection of garbage, trash,
rubbish and refuse within the City, under the terms and
conditions 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 and 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 has been requested
to approve an assignment of the said Franchise Agreement and
Supplemental Franchise Agreement from Canaveral Disposal
Service, Inc . , to L. L. Fleckinger Refuse Service and
that said assignment has been approved by the City Council
and
WHEREAS it is the desire of the City to improve the
Franchise Agreement by covering certain items not included
therein.
NOW, THEREFORE, in consideration of the mutual
covenants and conditions herein set forth the Franchise
Agreement between the City and Collector is amended and
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and supplemented as follows :
1 . In lieu of furnishing clerical services to the
City, the Collector shall pay to the City the sum of
Thirty ($30.00) dollars per week; said monies being paid
monthly by the Collector to the City.
2. All garbage and refuse collections shall be
made during daylight hours in residential areas .
3 . All vehicles used by the Collector shall be
garaged or stored in an industrial zone of the City,
if kept within the City limits .
4 . The Collector may provide mechanical containers
where desired by the owner or occupant of the premises
from which garbage or refuse is collected, at a monthly
rental not to exceed : $9.00 per one cubic yard; $11.00
per two cubic yards; $13 .00 per three cubic yards;
$15.00 per four cubic yards; $17.00 per five cubic
yards; $18.00 per six cubic yards; $20. 00 per seven
cubic yards; $22 .00 per eight cubic yards; $24 .00 per
nine cubic yards; and $26.00 per ten cubic yards . The
said mechanical container shall be detachable and will
replace cans and bins .
Where said mechanical containers are used all
refuse from the establishment will be placed in such
container for removal and collection shall be not less
often than agreed upon by the parties .
The Collector shall keep the containers clean and
painted and such containers shall be cleaned not less
often than one time per week. Such containers shall be
of sufficient size as to accomodate the normal garbage
requirements and shall be equipped as agreed upon
between the parties and approved by the City.
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• 5. The Collector shall charge a fee .for commercial
garbage collection that is agreed upon by the owner of
such commercial establishment and the' Collector, with the
approval of the City, provided however, that such fee
shall not exceed Two ($2 .00) dollars 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 be charged for the
collecting of refuse from such commercial establishments.
6. The City for good and reasonable cause, shall
after thirty (30) days notice to the Collector, which
notice shall be ib writing and forwarded by registered
mail, shall have the right to cancel and terminate the
Franchise, as amended, in whole or in part and to re-
voke or suspend, in whole or in part the right, license
or authority of the Collector with reference to all or
any part of the garbage collection routes within the
City.
IN WITNESS WHEREOF, the Collector has caused these
presents to be signed by L. L. Fleckinger as Assignee
of the Franchise dated the 28th day of August 1962
as amended, and the City has caused these presents to
be executed by its Mayor, attested by its Clerk and its
Corporate Seal affixed hereto, the day and year first
above written.
L. L. FLEC INGE- REFUSE SERVICE
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MA_MIS- IP,.
/ — CITY OF CAPE CANAVERAL, FLORIDA
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By
Municipal Seal ayor
City Cle
Approiiip as to F m
Ir .1"
i y Attorney