O-243-53 ORDINANCE NO. Z43
AN ORDINANCE GRANTING TO T E C H RESEARCH
FOUNDATION, A FLORIDA CORPORATION, A FRAN-
CHISE FOR THE DISPOSAL OF GARBAGE COLLECTED
IN MIAMI SHORES VILLAGE, FLORIDA.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1. Subject to the terms and conditions hereinafter set forth
Miami Shores Village does hereby grant to T E C H RESEARCH FOUNDA-
TION, A Florida corporation, herein called the Grantee, its successors and
assigns the exclusive right, privilege and franchise to have delivered to it
all garbage and trash collected by the Village at a disposal plant to be erected
upon a suitable site within a distance of not to exceed five (5) miles from the
Village Hall of said Village.
Section 2. The franchise hereby granted shall exist for a period of
thirty (30) years from the date hereof unless terminated as hereinafter pro-
vided.
Section 3. The location of the disposal facilities of the Grantee shall
be made under the supervision of and with the approval of the Village, but
the Village shall not unreasonably interfere with the operation of the Grantee's
facilities.
Section 4. The Village shall in no way be liable for any damages
that may occur in the construction, operation or maintenance by the Grantee
of the garbage facilities herein provided for, and the acceptance of this
Ordinance by the Grantee shall be deemed an agreement on its part to
indemnify the Village and to hold it harmless against any and all liability
which may accrue by reason of the neglect, default or misconduct of the
Grantee.
Section 5. In order to carry out the provisions of Section 4. hereof,
the Grantee shall procure from responsible companies, to be approved by
the Village, liability insurance insuring the Village against any loss by reason
of the neglect, default or misconduct of the Grantee in the performance of
this contract, which insurance shall have limits for Bodily Injury Liability
in the sum of $100, 000. 00 per person and $300, 000. 00 per accident, and
Property Damage Liability limits in the sum of $5, 000. 00 per accident and
$25, 000. 00 in the aggregate; and the Grantee shall pay the premiums on
said policies and shall keep the same in full force and effect during the life
of this franchise.
Section 6. The Grantee shall manage, operate and maintain its
disposal plant so that all garbage and trash in the Village will be utilized
and composted into humus and the Grantee agrees to anticipate the needs
and requirements of the Village so as to provide for the adequate and prompt
disposal of all garbage and trash as the same is delivered to the disposal
facilities of the Grantee, all without charge or cost to the Village.
Section 7. The disposal plant hereinabove provided shall be in
operation not later than six inonths after the date of the adoption of this
Ordinance and shall be continuously maintained and operated thereafter so
as to be able to receive all of the karbage and trash which the Village may
deliver to it during the life of this franchise, without charge to the Village.
Section 8. The Grantee shall, without charge to the Village, steam
and sterilize all trucks used by the Village in the collection of the garbage
and trash at the plant of the Grantee as often as may be necessary and to do
the same at such times so as not to interfere with the operations of said
trucks, and the Grantee also shall keep the disposal plant and facilities in
a sanitary condition at all times and to observe and abide by all valid rules
and regulations which may be passed by any governmental agency having
jurisdiction over such facilities.
Section 9. The Grantee shall file with the Village Clerk a statement
in writing giving the address to which all communications may be sent and
shall change the same from time to time as its address may change and any
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notice which may be required hereunder shall be sent to the Grantee by
registered mail at such address.
Section 10. When the Grantee has complied with No. 7 hereof and
so long thereafter as it is duly performing the terms of this franchise
for the period hereof and is not in default hereunder, the Village will not
engage in the business of composting its trash and garbage and will not
dispose of its trash and garbage otherwise than is herein provided for.
Section 11. If the Grantee shall fail to perform any of the terms and
provisions of this franchise or shall violate any of the said terms and pro-
visions its rights hereunder shall cease and this franchise shall be null and
void as herein provided. Upon the happening of any event constituting a
violation or a non-performance of the terms of this franchise, the Village
shall notify the Grantee of such violation or non-performance, and if the
conditions specified in said notice shall not be corrected within seven (7)
days after the mailing of such notice, or if the Grantee does not within said
time undertake to correct said condition and to pursue such undertaking in a
bona fide manner then all of the Grantee�s rights hereunder shall cease and
this franchise shall be null and void, upon the expiration of said 7 day
period of time.
Section 12. The Grantee shall indicate its acceptance of this franchise
by filing a written acceptance of the terms hereof with the Village Clerk.
Section 13. This ordinance shall take effect upon its adoption.
PASSED AND ADOPTED this 7W day of April, 1953.
ATTEST: 7
VIL
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249,