Loading...
HomeMy WebLinkAboutR-84-48 BE IT RESOLVED by the City Council,' CitY of Sebastian, a municipal corporation: SECTION 1 This "Resolution shall be known and may be cited as the "Harris Sanitation, Inc. 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) "CitY" is City of Sebastian, a municiPalitY of the State of Florida. (b) "Company" is 'the Grantee of rights under this' franchise, that is; the HARRIS SANITATION, INC., a Florida corporation. (c) "Council"~ is~the City Council of the CitY of Sebastian. (d) "Person" is any person, firm, partnership', association, corporation, company, or organization of any kind. (e) "Carbage Service" shall mean the picking up of garbage, or trash, hauling the same to a dump or inCinerator, or any other method of treating garbage or trash. (f) "Garbage" shall mean worthless, offensive matter, offal, refuse, animal or vegetable matter ordinarily from kitChen, market, or store. (g) "Trash" shall mean any material; except garbage that has been rejected for use and cast away for dispOsal. (h) "Franchise" shall mean, wherever mentioned· in' this 'Resolution, to be a non-exclusive franchise. SECTION 3 it is ~hereby granted' by the City to the Company, the non-exclusive franchise, right, and privilege to operate garbage service within the City of Sebastian. All persons living in~the City of Sebastian may be customers of the franchise as if Said' service was being performed directly by the CitY, and the City shall enact such ordinances: to enforce this ~franchise. SECTION 4 It is 'expressly understood and agreed' by and between' the Company and the CitY that the Company shall save the City and members of the Council 'harmless from any loss sustained by the City on account of any suit,~ judgement, 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 City by virtue of the Company's use of a public;place of the CitY. The City shall notify the Company promptly after presentation of any claim~ or demand. In the event that the City is "a party defendent in' any legal action occasioned by the negligence of the Company, then' the Company agrees to defend said action and pay all costs and fees of defending said ~ action, and to pay any judge- ment entered', if~any. SECTION 5 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 Council ~from time to time. The right is hereby reserved to the city to adopt, in.additiOn to the · provisiOns 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'CitY, provided that such regulations shall be reasonable and not in' conflict with the laws of the State of Florida. SECTION 6 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 to 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. SECTION 7 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 8 The Company shall not sell or transfer any rights under this 'franchise to another. SECTION 9 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 calculation 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 City or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When' this 'franchise takes effect, the Company shall have au- thority to charge and collect, not to exceed, the following sched- ule of rates, which shall remain effective until Changed or modi- ' fled' as herein' provided', to wit:; MONTHLY GARBAGE RATES Residence:' $6.00 per dwelling per month; payable quarterly for twice weekly service, with all pickups at the front curb of the property. 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. SECTION 10 The City shall have access to all reasonable hours to all of the Company's contracts, accounting, financial', statistical, 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 City when required. SECTION 11 The Company shall at all times maintain~public~liability and property damage insurance of not less than One Hundred -3- Thousand ($100,000.00) Dollars per person, and Three' Hundred Thousand ($300,000.00) Dollars per' accident, provided however the Council may from time to time require additional insurance in' accordance with good business practices for the protection of the City and the general public:for any liability which may result from any action of the Company. A copy of said: policy shall be filed by the Company with the City Clerk of the City of Sebastian, and proof of premium payments shall be submitted to the City Clerk during the term of this franchise. SECTION 1 2 Should the Company desire to increase any charges heretofore established and approved by the Council,~ then the Company shall notify the Council in' writing, setting forth the schedule of rates and charges which it proposes. A public' hearing shall then be held on such request, of which notice shall be given by posting a notice at the CitY Hall at least two (2) weeks preceding such hearing. Said~ hearing may thereafter' be continUed from time to time as determined by the Council.: If the Council "enters order pursuant to such hearing and the Company or any person feels aggrieVed by such order, then the Company or such person may seek revieW of the Council's action according to law. SECTION 1 3 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 franchise, then the Council 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 Council,: the Council may thereafter' schedule a hearing concerning the same with reason- able notice thereof to the Company and after such hearing at which all interested parties shall be heard, the Council 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 Council.~ If the Council :enters an order pursuant to such hearing and the Company or any other person feels aggrieVed' by such order, the Company or such other per- son may seek revieW of the Council'S action according to law. SECTION 1 4 The Company shall have the right to disCOntinue service to any customer within:the above described area in'the event of non-payment of his ~ garbage service bill. In addition, the Company may institUte actions against the tenants and/or owners of property using the franchise service, and shall further have a statutory or equitable lien againSt the property that may be enforced in:the court of proper jurisdiction. The ' Company agrees that it will maintain'the garbage service as pro- vided' herein'~with motor vehicles of sufficient size, safety, and adaptability for garbage service. Equipment used in'COllecting, hauling, and dumping garbage must be a fully enclosed vehicle of 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 1 5 The Company shall have the rights and privileges and power to use the streets, roads, alleyways, and passage- ways of the City to COllect garbage and trash. All collections of anything shall be made with the least practical delay and inCOnvenience to the public :or individUals. No obstruction may be placed' by the Company in the streets, sidewalks, alleyways, and passageways of the City without the COnsent of the Council.' 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 pub!ic:places for the aforesaid'purposes, SECTION 1 6 The Company shall collect all garbage and trash from all customers of the City of Sebastian for the garbage service as provided' herein when such garbage and trash are put in' recep- tacles designated and these receptacles are placed at the curb in' front of the properties, 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 the collection of garbage and trash, SECTION 1 7 The holder of this ~franchise must comply with all existing ordinances, statutes', and codes and must follow such procedure of operation as to be sanitary and not to be a nuisance or discredit to the CitY. The Company must make collections as often as necessary from all parts of the City designated as set forth in the rate schedule mentioned above and as may be determined by the City from time to time. SECTION 1 8 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. SECTION 1 9 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 Council and shall continue in: force ' and effect for a term of I:~o (2) years after such adoption. SECTION 20 If any word, section, clause, or part of this 'reso- lution is held invalid; such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder, IN WITNESS WHEREOF, the City Council of the City of Sebastian, a municipal corporation, has caused' this franchise to be executed in:the name of the City of Sebastian, by the Mayor of the City of Sebastian, and its seal to be affixed' and attested by its Clerk, all pursuant to the resolution of the City Council of the City of Sebastian, Florida, adopted on the / c~ ~ day of 5'~-~'~77'~1~3 ~--~ ,1984. Signed', sealed, and delivered in~ the presence of: CITY OF SEBASTIAN, FLORIDA )f the. City Florida A~To Both Parties Clerk ~ ACCEPTANCE OF FRANCHISE HARRIS SANITATION, iNC., a Florida corporation, does' hereby accept the foregoing franchise, and for itself 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 City of Sebastian, Indian River' County, Florida, this' ~ ~ day of~/~,~ 7~Z.~ ~.~, 1 984. Signed, sealed', and delivered in'the presence of: ~S T(~-B°th Par~ies HARRIS SANITATION, INC. President Secretary STATE OF FLORIDA COUNTY OF INDIAN RIVER I, an officer authorized to take acknowledgements of deeds according to the laws of the State of Florida, duly qualified and act- ing, hereby certify that ~/F_$/- 5, H~t'$ and ~/~AY t4/. Ct'-/o£ , President and Secretary, respectively, of HARRIS SANITATION, INC. to me personally known, this :day acknow- ledged before me that they executed the foregoing Acceptance of Franchise, in the presence of two (2) subscribing witnesses freely and voluntarily under authority duly vested in:them by said corpora- tion and that the seal affixed thereto is 'the true corporate seal of said corporation. WITNESS my hand and official seal this ,~e~ day of _~rF_~Se~ , 1984, at the City of Sebastian, Indian River County, Florida. Notary PuVblicj State of Florida at Large My Co mm~~ --7¸--