81-R-5940 RESOLUTION NO. 81-R-59
I ; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, VOLUSIA COUNTY, FLORIDA, GRANTING TO
TRIANGLE REFUSE AN EXCLUSIVE FRANCHISE FOR THE
COLLECTION OF TRASH AND GARBAGE WITHIN THE CITY
OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE THEREFOR.
WHEREAS, Triangle Refuse has made application to the City of
Edgewater, Volusia County, Florida, for an exclusive franchise
for the collection of trash and garbage in the City of Edgewater,
Volusia County, Florida, and
WHEREAS, the City of Edgewater, Volusia County, Florida, has the
necessary authority to grant such a franchise by virtue of the
laws of the State of Florida and the Charter of the City of Edge-
water,
WHEREAS, the City Council of the City of Edgewater, Volusia County,
Florida, finds that the granting of an exclusive franchise for the
collection of trash and garbage is necessary and useful to serve,
for the benefit of the land owners and residents within the area,
City of Edgewater, Volusia County, Florida, described as follows,
to -wit:
The legal description of the boundaries of the City of Edgewater
including City Ordinance No. 639, 762 and 886
which you requested is as follows:
Commence on the center line of Gabardy or South Canal
in Section fifty, Township seventeen south, Range thirty-four
east where the Canal enters.the Hillsboro or Indian River
north for the Point of Beginning; thence westerly along the
center line of the said Canal to the south line of the Seymour
Pickett Grant in Section forty-nine, Township seventeen south,
Range thirty -,four east; thence south seventy-four degrees west
along the said Grant line to its intersection with the -section
line between sections twenty-nine and thirty, Township seven-
teen south, Range thirty-four east; thence south on said sec-
tion line forty-six and fifty one -hundredths chains to the
northerly line of the Geronino Alvarez Grant, section fifty-
two Township seventeen south, Range thirty-four east; thence
south seventy-four degrees west nine and fifty one -hundredths
chains along the northerly line of said Alvarez Grant to the
northwesterly corner thereof; thence south fourteen degrees
east fifty chains along the westerly line of the said Alvarez
Grant to the southwesterly corner thereof; thence north
seventy-four degrees east along the southerly.line of the said
Pac Jc two
Alvarez Grant to ,>e northeast corner of U. hot three, sec-
tion thirty-two, Township seventeen south, Range thirty-four
east; thence south along the east line.of said U. S. Lot three
and the east line of U. S. Lot five, Section thirty-two, Town-
ship seventeen south, Range thirty-four east to the south line
of Township seventeen south; Range thirty-four east; thence
south eighty-eight degrees forty-one minutes forty-four
seconds west one thousand seven hundred sixty-six_ feet along
the said south line of Township seventeen south, Range thirty-
four east to the northeasterly corner of the Betts Grant,
Section thirty-eight, Township eighteen south, Range thirty-
four east; thence south twenty-one degrees six minutes forty-
six seconds east seven thousand six hundred forty-nine and\
nine -tenths feet along the easterly line of said Betts Grant
to the southeasterly corner thereof; thence south sixty-eight
degrees fifty-three minutes fourteen seconds west one thousand
eight hundred feet along the north line of the Bolton Grant,
Section thirty-nine Tbwnship.eighteen south, Range thirty-four
east;thence south twenty-one degrees six minutes forty-six
seconds east parallel to the east line.of the said Bolton Grant
nine thousand eight hundred seventy-two feet; thence north
sixty-eight degrees fifty-three minutes fourteen seconds east
one thousand eight hundred feet to the south corner of Section
fifteen, Township eighteen south; Range thirty-four east;
thence north no degrees thirty-two minutes twenty-one
seconds west seventy-seven and two -tenths feet to the south-
west corner of the northwest quarter of the northwest quarter
of Section fourteen, Township eighteen south, Range thirty-
four east; thence north eighty-nine degrees forty-six minutes
thirty-four seconds east seven hundred forty-five feet; thence
north no degrees thirty-two minutes twenty-one seconOiswest
one thousand three hundred•twenty-two and five -tenths feet
to the north line of Section fourteen, Township eighteen
south, Range thirty-four east; thence north eighty-nine de-
grees eight minutes forty-four seconds east one thousand five
hundred twenty-six and seven -tenths feet; thence south twenty-
one degrees fifteen minutes fifty-one seconds east- five hun-
dred ninety-seven feet to the northwesterly corner of the Jane
Murray Grant, Section forty-eight, Township eighteen south,
Range thirty-four east; thence North sixty-eight degrees fifty
minutes thirty-nine seconds east along the northerly line of
said Jane Murray'Grant one thousand six hundred twelve feet,
thence south eighty-nine degrees eight minutes forty-four
seconds west one hundred twenty-five feet to the southeast
corner of U. S. Lot two, Section eleven, Township eighteen i
south, Range thirty-four east; thence north no degrees twenty-
six minutes sixteen seconds west nine hundred twenty and
one -tenth feet to the westerly right-of-way line of the Florida
East coast Railway; thence northerly along the said westerly •I
right-of-way line of the Florida East coast Railway right -of-
r
way line to the south line of section two, Township eighteen
south, Range thirty-four east; thence north eighty-nine de-
grees thirteen minutes forty-four seconds east along the south
line of said Section two to the southeast corner of said Section
two; thence north no degrees twenty-seven minutes sixteen
seconds west two hundred thirty-one feet; thence south eighty-
nine degrees thirteen minutes forty-four seconds west one
thousand three hundred thirty-nine feet; thence north no de-
greea twenty-seven minutes sixteen seconds west one thousand
v-r- Sq
Page three
one hundred and five -tenths feet to the northeast corner of
the southwest quarter of the southeast quarter of Section two
Township eighteen south, Range thirty-four east; thence south
eighty-nine degrees twenty minutes forty-four seconds west
one thousand three hundred thirty feet to the northwest corner
of the southwest quarter of the southeast quarter ofSection
two, Township eighteen south, Range thirty-four east; thence
north no degrees four minutes thirty-six seconds west along
the west line of the southeast quarter of said Section two to
the Southwest corner of the southwest quarter'of the north-
east quarter of Section two, Township eighteen south, Range
thirty-four east; thence east along the south line of said
southwest quarter of the northeast quarter to the southeast
corner thereof; thence South along the W:st line of Lot
thirteen, Block A, EDGEWATER PARK SUBDIVISION as shown on map
in Map Book ten,/ page one hundred fifty-four of the Public
Records of Volusia County, Florida. to the Northerly line of
Thomas. Avenue, a fifty foot right-of-way as platted.per
EDGEWATER PARK SUBDIVISION; thence Easterly along the Northerly
line of said';Thomas Avenue.a distance of six hundred nine
feet to theWesterlytight-of-way line of U. S. Highway No. One
a one hundred fifty-eight foot right-of-way as now laid out;
thence Northerly along the said Westerly right-of-way line
to a point, said point being three hundred feet Northerly
of the South line of U; S. Lot Seven, Section Two, Township
eighteen south, Range thirty-four east; thence Westerly and
parallel to the said South-,rly line of U..S. Lot Seven,
Section Two, Township eighteen south; Range thirty-four east;
to the Easterly line of the Southwest quarter of the northeast
quarter of Section Two, Township eighteen south, Range thirty-
four east; thence North along the east line of the said south-
west quarter of the northeast quarter and the northerly
extension thereof to the westerly right-of-way line of U. S.
Highway No. One; thence northerly along the said Highway
right-of-way line six hundred eighteen and four -tenths feet;
thence westerly to a point eighty-three feet north of the
northeast corner of the southeast quarter of the northwest
quarter of Section two, township eighteen south, range thirty-
four east; thence South eighty-three feet to the northeast
corner of the southeast quarter of the northwest quarter of
Section Two, Township eighteen south, Range thirty-four east;
thence south eighty-nine degrees thirty-four minutes seven
seconds west one thousand three hundred twenty feet to the
northwest corner of the southeast quarter of the northwest
quarter of said Section Two; thence north no degrees six
minutes forty-one seconds east one thousand three hundred
twenty feet to tho southeast corner of the west half of
U. S. Lot three, Section Two, Township eighteen south,
Range thirty-four east; thence east along the south line of
U. S. Lots three and five, Section Two, Township eighteen
south, Range thirty-four east to the Easterly right-of-way'
of U. S. Highway No.. One a one hundred fifty-eight foot right-
of-way as now laid out; thence South twenty-six degrees, twenty-
six minutes east along the easterly line of said U. S. Highway
No. One to a point said point being one hundred forty feet
northerly ofandas measured along the said easterly right-uf
way of U. S. Highway No. One from the south line of U. S. Lot
six, Section two, township eighteen south, range thirty-four
east; thence northeasterly to the east line of U. S. Lot six
to a point on the east line of said U. S. lot six, said point
being three hundred ninety-six and fifty-five one -hundredths
feet northerly of the southeast corner of said U. S. Lot -six;
thence easterly and at right angles to the easterly line of said
9j-T-59
Page four -
U. S. Lot six a distance of two hundred nine i, t more or less
to the westerly right-of-way line of the Intracoastal Waterway;
thence northerly along the said westerly "right-of-way line of
the Intracoastal Waterway to a point said point being sixty-
nine and five -tenths feet southerly of a line, said line being
north sixty-two degrees east from the northeast corner of said
U. s. Lot six; thence south sixty-two degrees west two hundred
fifty feet more or less to the easterly line of said U. S. Lot k
six; thence south twenty-eight degrees east along the easterly
line of said U. S. Lot six to the point of intersection with
the southerly. line of the northerly sixty-nine and five -tenths
feet of said U. S. Lot six; thence west along the southerly line
of the northerly sixty-nine and five -tenths feet of said U. S.
Lot six to a point, said point being four .hundred ninety-seven
and forty-nine one -hundredths feet easterly of the easterly
right-of-way of U. S. Highway No.. One; thence South twenty-six
degrees, twenty-six minutes east and parallel to the east right
of -way line Of U. S. highway No. One a distance of twenty-two
and thirty-four one -hundredths feet for the point of exception;
thence continue South twenty-six degrees, twenty-six minutes
east and parallel to the east right-of-way line of U. S. Highway
No. One a distance of one hundred eighty feet; thence west and
parallel to the north line of U. S. Lot six and north line of
the west half of the northeast quarter, section two, township
eighteen south, range thirty-four east a distance of one hundred
fifty feet; thence north twenty-six degrees, twenty-six minutes
west and parallel to the easterly line of U. S. Highway No.
One,a distance of sixty-five feet; thence east a distance of
fifty feet; thence north twenty-six degrees, twenty-six minutes
west a distance of one hundred fifteen feet; thence east a
distance of one hundred feet to the point of exception; thence
north twenty-six degrees, twenty-six minutes west a distance
of twenty-two and thirty-four one -hundredths: feet; thence west
a distance of one hundred twenty feet; thence south twenty-six
degrees, twenty-six minutes east a distance of twenty-two and
thirty-four one -hundredths feet to a point, said point being
three hundred seventy-seven and forty-nine one -hundredths feet
easterly of the east line of U. S. Highway No. One; thence west
and parallel to the north line of the west half of the northeast
quarter, section two, township eighteen south, range thirty-
four east a distance of three hundred seventy-seven and forty-
nine one -hundredths feet to the said easterly right-of-way of
U. S. Highway No. One; thence north twenty-six degrees twenty-
six minutes west along the said easterly right-of-way a
distance of one hundred feet to a.point on the -said north line
of the west half of the northeast quarter section two, township
eighteen south, range thirty-four east,said point being also
described as on the south line of U. S. Lot five, section two,
township eighteen south, range thirty-four east; thence east
along the said south line of U. s. Lot five, section two, town
ship eighteen south, range thirty-four east to the southeast
corner of said U. s. Tot five; thence north sixty-two degrees
east to the center line of the channel of the Hillsboro or
Indian River north; thence northerly along the center line of
said channel to the intersection of the said channel center
line with the easterly prolongation of the centerline of
'the Gabardy Canal; thence westerly along the prolongation Of
Gabardy Canal,�centerlline to the point Of beginninq.:�
M
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, VOLUSIA COUNTY, FLORIDA:
SECTION 1. That Triangle Refuse, hereinafter referred to as "Grantee",
is hereby given afranchise and license for a period of ##ve-(�(3f�i/V/
years beginning /4UCUl+ 1981 and ending Awd- 3 , �,
for the purpose of serving the above described territory with con-
tainerized service for the collection of trash and garbage from
said territory and the inhabitants thereof, and its hereby further
granted the right, franchise and license to use all City streets
and public rights of way which are so designated or may be in the future
designated within the boundaries of the above described territory
for said purpose subject to the following conditions:
1. The Grantee shall at all times protect and save harmless the
City of Edgewater from all damage and loss from, or arising
out of, or by reason of the exercise of this franchise.
2. The Grantee shall, at its own expense, obtain, provide and
maintain adequate container disposal sites for the disposal of
trash, garbage and refuse collected under the exercise of this
franchise and shall maintain and operate the same under the rules
and regulations of the State Board of Health and the County Health
Unit.
3. That said Grantee shall not allow any of the trash, garbage or
other refuse collected to fall upon or litter the State, County,
City, or other public roads in said territory.
9. That said Grantee shall at all times, maintain and operate
adequate and sufficient garbage and trash trucks and other col-
lection equipment and maintain sufficient personnel to adequately
serve said territory with trash and garbage collection service.
5. That said Grantee shall schedule the collection of trash and
garbage in said territory at such times and in such manner as to
adequately serve said territory and the inhabitants thereof with
a minimum schedule of two garbage pickups per customer per week at
least three days apart.
6. The Grantee shall do and perform all things required by the
Statutes of the State of Florida and the Charter and Ordinances
and Resolutions of the City of Edgewater, Volusia County, Florida,
P-k-69
pertaining to granting and exercise of such franchise.
7. The Grantee agrees that the City of Edgewater has the option
to renew this franchise for an additional period, upon the same
terms and conditions, provided the said franchise is in full force
and effect at the time of the exercise of said option and said
grantee has not violated the terms and conditions thereof.
8. The Grantee agrees to pay to the City of Edgewater, Florida
18 of gross receipts received by the Grantee from collection services
within the City of Edgewater, Florida. Said payments to be made
annually on the 1st day of January, each year. Grantee further agrees
to allow inspection of all books and records regarding collection
services by the Grantee within the City of Edgewater, Florida.
9. That the Grantee agrees to notify the City and supply a list
to the City of all customers of the Grantee serving within the
City of Edgewater, Florida, on a quarterly basis.
SECTION 10. This franchise and easement is granted and accepted
upon the condition that the exercise of the same will in no way
damage any of said City roads and thoroughfares, or in any way
impede or obstruct the vehicular or pedestrian traffic thereon,
and the said Grantee shall, by the acceptance of said franchise,
indemnify, save and hold harmless the party of the first part
and the City Council of the City of Edgewater, Florida, of and
from any and all damage to said City roads, and/or thoroughfares
incurred by or arising from the exercise of said franchise.
SECTION 11. The Grantee shall file its written acceptance of
the provisions of this Resolution with this City Council on
or before thirty (30) days from the passage of this Resolution.
Failure on the part of said Grantee to file its acceptance with the
City Councilor comply withthe provisions of this Resolution shall
render this Resolution null and void.
SECTION 12. That the mayor and City Clerk are hereby authorized to
execute any Franchise Agreement drafted pursuant to this Resolution
on behalf of the City of Edgewater, Florida.
SECTION 13. That all Resolutions or parts of Resolutions in conflict
herewith be and the same are hereby rescinded.
SECTION 14. That City Clerk is hereby directed to advertise this
Resolution as required by law.
SECTION 15. That this Resolution shall take effect immediately upon
its adoption by the City Council and approval by the Mayor.
The above and foregoing Resolution was presented by Councilman
ZQ0/ Cd , who moved its adoption, said motion being
t seconded by Councilman./ L ✓ , and upon roll call vote said
Resolution 'was duly declared adopted at a Regular meeting of
3Citthe Council of the City of Edgewater, Florida, held on the
day of 1981; the vote of said Council
upon roll call being as follows:
r
ayor
Councilman
ATTEST:
Approved this day of ,'1981.
Mayor
-VaU464,LrL&Fj�3
CLAY HE ERSO
This Resolution was prepared by:
CLAY HENDERSON, City Attorney
R/-/V- M
May, 1981
mo�chargee
Atlantic Fiberglass Park Avenue $ 143.00
Azalea Villas Us I 23.75
Cameron Apartments Riverside Drive 23.75
Eagle Discount Us I 71.50
Edgewater Machine Flagler Ave. 143.00
Edgewater Mobile Home Park US I 143.00
seasonal rate
Handy Way
Us I
95.35
Majket Market
US I
23.75
Noland Golf Cart
Industrial Blvd.
47.50
Park Avenue Warehouse
Park Avenue
23.75
Rocky's Aluminium
Marion Blvd.
23.75
Tropical Honey Blossom
Us I
143.00
U-Lock Storage
Hibiscus
23.75
Wako Manufactors
Park Avenue
23.75
Leon Shell
Us I
47.50
The Ship Restaurant
Us I
23.75
Fat Bob's
us I
47.50
FPL
US I
23.75
Donnaire Corporation
Marion Blvd.
23.75
Floyd's Theater
US I
23.75
Town & Country Cabinet
Mango Tree Dr.
23.75
Eeon- ahe4 r-
-{,yn ,sewn
[i9--I—
US I
41-519-
Areas presently serviced
1- Volusia County --Exclusive
Franchise District # 5, Non -Exclusive
Franchise
Districts
# 2,3, & 4
2- City of Bunnell --Exclusive
Franchise
3- City of Daytona Beach --Any
work excluded from the contract
4- Flagler County --(Ex Industrial)
Licensed for garbage collection