556RESOLUTION NO. 556
A RESOLUTION OF THE CITY COUNCIL ppp I
OF THE CITY OF EDGEWATER, VOLUSIA
COUNTY, FLORIDA. GRANTING TO TR NGLE
CONTAINER SERVICE AN FRAN-
CHISE 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 Container Service has made application to
the City of Edgewater, Volusia County, Florida, for act ex—.
i) 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 in particular,
Chapter 27532, Section 7, Special Acts 1951 enacted by the
Legislature of the State of Florida, and,
WHEREAS, the City Council of the City of Edgewater, Volusia
County, Florida, finds that the granting of a• ee
franchise for the collection of trash and garbage is neces-
sary 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:
SS6
C
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 Geronimo 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
Alvarez Grant to the northeast corner of U. S. Lot 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,
-2-
r
Page two
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 thou::.and
eight hundred feet along the north line of the Bolton Grant,
Section thirty-nine Township 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 seconds west
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
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
right-of-way line of the Florida East Coast Railway right-of-
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-
grees twenty-seven minutes sixteen seconds west one thousand
U L2
f
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 of Section
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 southwestquarter'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 asshown 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 theWesterlyfight-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
.4.
Page four
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 of and as measured along the said easterly right -of
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
U. S. Lot six a distance of two hundred nine feet 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, saidlinebeing
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
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 adistance 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 wet
and parallel to the north line of the west half of the northeast
.5-
i
Lj
• p
Page five
quarter, section two, township eighteen south, range thirty-
four east 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. Lot 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 aenterIline to the point o%4 beginning....
r
.6.
,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, VOLUSIA COUNTY, FLORIDA:
SECTION 1. That Triangle Container Service, hereinafter re-
ferred to as "Grantee", is hereby given awe -_grant,
franchise and license for a period of four (4) years beginning
January 1, 1975 and ending December 31, 1978, for thepurpose
of serving the above described territory with containerized
service for the collection of trash and garbage from said
territory and the inhabitants thereof, and is 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 dis-
posal 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.
4. That said Grantee shall at alitimes, maintain and operate
adequate and sufficient garbage and trash trucks and other
collection equipment and maintain sufficient personnel to
adequately serve said territory with trash and garbage col-
lection service.
-7-
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, pertaining to granting and exer-
cise 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 1% of gross receipts received by the Grantee from
collection services within the City of Edgewater, Florida.
Said payments to be made annually on the lst 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.
-8-
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 pedesttian 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 Council or comply with the 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. The 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
Lodico , who moved its adoption, said motion being
seconded by Councilman Cairnie , and upon roll call
vote said Resolution was duly declared adopted at a Regular
meeting of the City Council of the City of Edgewater, Florida,
held on the 16 day of December , 1974; the vote of said
Council upon roll call being as follows:
-9-
This Resolution was prepared by;
Joseph E. Weaver, City Attorney
-10-