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Resolution 078-1969V RESOLUTION NO. 78 -1969 WHEREAS, the Board of County Commissioners of Monroe County, Florida, in accordance with Chapter 63-1631, Laws of Florida, did by Resolution No. 27-1964, duly adopted on the 28th day of July, 1964, create, garbage districts in said County, and reaffirmed said districts under the provisions of said Chapter, as amended, by duly adopting Resolution No. 62-1969, on July 8, 1969, and WHEREAS, Marathon Garbage Service, Inc., a Florida corporation, made application to said Board for an exclusive franchise for the purpose of collection, removal and disposal of garbage and waste in District No. 2, as defined in said Resolutions, and WHEREAS, due notice was given, as required by law, of said cor- poration's intention to present said application at the regular meeting of said Board on the 12th day of August, 1969, and WHEREAS., at said meeting said Board considered said application and determined to grant an exclusive franchise in accordance with the pe- tition filed by the said Marathon Garbage Service, Inc. , now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that an exclusive franchise for the pur- pose of collection, removal and disposal of garbage and waste in District No. 2, consisting of all that area in Monroe County, Florida from Pigeon Key up to but not including Greyhound Key, as established by said Board by Resolution No. 27-1964, dated July 28, 1964, and reaffirmed by Res- olution No. 62-1969, dated July 8, 1969, be granted to Marathon Garbage Service, Inc. , for a period of 10 years, commencing on the 28th day of August, A.D. 1969 and ending on the 27th day of August, A.D. 1979, upon the following terms and conditions : 1. That the fees to be charged by said corporation shall not exceed the following: Domestic - once a week service $2. 00 per month Domestic - twice a week service $3, 00 per month Commercial service .30 per can 2. That in the operation of said garbage business, said cor- poration shall comply with all the laws of the State of Florida, and shall operate and maintain said business in a clean, sanitary and orderly manner. 3. That said corporation shall pay to the County of Monroe as consideration for said exclusive franchise, ' 3% of its gross income derived from the operation of said garbage business, said consideration to be paid every 3 months, based upon the gross income for the preceding 3 months. The first of said payments shall be due and payable on November 28, 1969, and the balance of the payments due hereunder, as long as said franchise remains in effect, shall be payable on the 28th day of every third month thereafter. 4. That said corporation shall be responsible for the disposal of all garbage and waste collected by it, and shall comply with all rules and regulations established by the Board of County Commissioners, and the laws of the State of Florida, in disposing of said garbage and waste. 5. The Board of County Commissioners reserves the right, in accordance with said Chapter 63- 1631, Laws of Florida, as amended, to make such rules and regulations as to the me- thod of collecting and disposing of garbage and waste as shall from time to time be necessary and desirable for the public welfare. 6. That this franchise is being granted subject to all provisions of said Chapter 63-1631, Laws of Florida, as amended. 7. That in the event said corporation fails to comply with the terms of this franchise, any rules and regulations of the Board of County Commissioners, or any laws of the State of Florida pertaining thereto, said Board shall have the right to revoke said franchise in accordance with the pro- visions of said Chapter 63-1631, Laws of Florida, as amended. BE IT FURTHER RESOLVED BY SAID BOARD, that said corporation shall have the right to use a designated area on Long Key, Monroe County, Florida, owned by said County, jointly with Island Disposal Company, Inc. , during the term of this franchise, for the purpose of disposing of garbage and waste collected by them, provided said corporation, jointly with the said Island Disposal Company, Inc. , maintains and operates said area in a sanitary manner and keeps said area from becoming a public nuisance, at no cost to the County. In the operation of said area, said corporation, joint- ly with Island Disposal Company, Inc. 'shall have the right to allow other holders of garbage franchises with said County to use said area, upon such terms and conditions as they may deem advisable, including the charging of a reasonable fee to said users. Said corporation, jointly with Island Dis- posal Company, Inc. , shall allow anyone to dump his own dry trash and/or waste, but not garbage, on said area during one day per week, and shall charge a fee of $1. 00 per cubic yard for such dumping, with a minimum charge of $1. 00 per load. The day for such dumping shall be set by said corporation, jointly with the said Island Disposal Company, Inc. The Board of County Commissioners reserves the right to cancel this part of this franchise at any time it so desires, by giving 30 days notice in writing to said corporation and/or any garbage franchise holder authorized to use said area. Dated August 26th, 1969.