Resolution 136-1989
Municipal Service District
RESOLUTION NO. 136 -1989
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF GOVERNORS OF THE MUNICIPAL SERVICE
DISTRICT OF MONROE COUNTY, TO SIGN AND
EXECUTE ON BEHALF OF MONROE COUNTY, FLORIDA,
A CERTAIN FRANCHISE AMENDMENT BETWEEN MONROE
COUNTY, FLORIDA, AND Bland Disposal Service. Inc.
BE IT RESOLVED BY THE BOARD OF GOVERNORS OF THE MUNICIPAL
SERVICE DISTRICT OF MONROE COUNTY, FLORIDA:
The Chairman of the Board of Governors of the Municipal
Service District Monroe County is hereby authorized to sign and
execute on behalf of Monroe County, Florida, that certain Fran-
chise Amendment by and between Monroe County, Florida, and
Bland Disposal Service. Inc.
The Franchise Amendment is attached to this Resolution and
incorporated herein as if fully set out in the body of the text.
PASSED AND ADOPTED by the Board of Governors of the Munici-
pal Service District of Monroe County, Florida, at a regular
meeting of said Board held on the ~ day of I11j1f,.G.A ~, A. D.
1989.
BOARD OF GOVERNORS OF THE
MUNICIPAL SERVICE DISTRICT
OF MONROE COUNTY, FLORIDA
By //lI~dI/~
Cha~rman
(Seal)
Attest:DANNX L. KOLHAGE, ~erk
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APPROVeD M TOIfIMI
AND LEGAL SUFFietD/CY. /
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FRANCHISE AGREEMENT AMENDMENT
This amendment to the franchise agreement dated December 15,
1987, as amended on AprilS, 1988, is made and entered into on
this the day of 1989, by and
between the Board of County Commissioners of Monroe County
Municipal Service District, hereinafter referred to as the "Board
or MSn" and Bland Disposal Service. rne.
hereinafter referred to as the "Franchisee" or the "Collector" or
the "Contractor";
WIT N E SSE T H:
WHEREAS, the parties desire to mutually adjust the compen-
sation due to the Contractor; and
WHEREAS, the parties mutually desire to provide for the
provision of containers on site at certain residential prop-
erties; and
WHEREAS, the parties mutually desire to adjust the tipping
fees and clarify the basis on which they are collected;
NOW, THEREFORE, for and in consideration of the premises and
undertakings herein set forth the Board and the Contractor
mutually agree to the following:
1. The addendum to the franchise agreement dated AprilS,
1988 is hereby declared null and void and no longer of any force
and effect.
2. Paragraph 4(a) of the December 15, 1987 franchise
agreement is amended by the addition of the following:
"In lieu of the terms of the first subparagraph of Paragraph
4(a) and upon the request of a property owners' association or
appropriate management entity or the owner(s) of a rental devel-
opment, the Contractor shall provide to multi-family residential
unit developments, mobile home parks and recreational vehicle
parks containers to accommodate the residential garbage and
horticultural trash generated on site or accept bagged garbage
and bagged or bundled horticultural trash which cannot be accom-
modated in the containers and are placed beside the container(s).
Provided, however, that no Contractor shall be required to
furnish more containers or larger containers or more frequent
pick-up service than that provided to any particular multi-family
unit development, mobile home park or recreational vehicle park
during 1987 unless additional residential units have been con-
structed or the number of containers and/or pick-ups provided has
been subsequently modified by an agreement between the Contractor
and the property owners' association, management entity or
owner(s). No containers shall be removed, or number of pick-ups
reduced, which would lower the level of service provided to the
multi-family unit development, mobile home park or recreational
vehicle park below the maximum level of service provided in 1987.
Industrial waste, white goods or special waste may be picked
up by 'arrangement with, and payment to, the Contractor.
Infectious waste and hazardous waste will not be picked up
by the Contractor.
3. Paragraph 9 of the December 15, 1987 franchise agree-
ment is hereby amended by to read as follows:
"Compensation to the Contractor:
Compensation for residential collections shall be estab-
lished annually in accordance with the procedures set forth in
Chapter 8, Monroe County Code.
For the second year of this agreement, to-wit, January 1,
1989 through December 31, 1989, the Contractor shall receive the
sum of $ 7.35 per month for each residential unit. That
sum shall also include the C.P.I. increase authorized under
Paragraph 11 of this agreement.
In the event the Contractor is providing containers under
Paragraph 4(a) of this agreement, he shall be compensated in the
following manner:
a) The per month residential unit sum for the
residential units in the development or park; plus, if
applicable,
b) The commercial compensation, determined by
reference to Ordinance No. 001-1989, Subsection
l(Z)(b), as amended, for any additional containers or
pick-ups provided which are in excess of the maximum
level of service provided in 1987 as described in
2
Paragraph 4(a) of this agreement. Any disputes regard-
ing this provision shall be individually negotiated and
resolved by the County Administrator.
The sum described in subparagraph (b) shall be payable by,
and billed directly to, the owner(s) in the case of a rental
development, to the property owners' association or to another
appropriate management entity on a monthly basis only after
following the procedure outlined in Paragraph 4 (a) as herein
amended. The sum shall be payable in advance."
4. Paragraph 10 of the December 15, 1987 franchise agree-
ment is hereby amended to read as follows:
"Connnencing on
January 1
, 1989 and continuing
through
December 31, 1989
, the Contractor shall furnish to
the County Administrator, in a format satisfactory to the Admin-
istrator, a list of the Contractor's connnercial accounts.
From January 1, 1989 through December 31, 1989 the Collector
shall pay a tipping fee of $ 6.50 per ton for all solid waste
delivered to the disposal facility. The tipping fee may be
increased or decreased by the Board. The tipping fee amount owed
by the Collector shall be deducted, on a monthly basis, from the
amount due the Collector by the County for residential col-
lections."
IN WITNESS WHEREOF, the Contractor has caused these presents
to be signed by its proper officers and its seal to be hereto
affixed, and the Board has caused these presents to be signed by
its Mayor/Chairman and attested by its Clerk and its corporate
seal to be hereto affixed, all as of the day and year first above
written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
Bland Disposal Service, Inc.
By
Attest:
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APPROVEDM TO,..,
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