Franchise Agreement for Sanitary Services
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FITZGERALD
. CROOKSTON
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A G R E E MEN T
THIS AGREEMENT, made and entered into thisJt-l1¡ day:of
.J?1 a :-c h
, 1984, by and between the CITY OF MERIDIAN, a
municipal corporation of the State of Idaho, party of the first
part, and SANITARY SERVICE, INC., an Idaho corporation, having
its principal place of business at Meridian, Idaho, party of the
second part,
WIT N E SSE T H:
HHEREAS, the City of Heridian
has heretofore under authority
of Title 7, Chapter 3 of the Ordinances of ~,e City of Meridian
had a contract with second party for the hauling of garbage, refuse
and trash within the corporate limits of the City of Meridian, and
WHEREAS, the parties hereto have renegotiated said contract
under authority of said Ordinance as hereinafter contained.
NOW, THEREFORE, in consideration of the covenants herein
. contained, it is hereby agreed as follows:
1.
That the City of Meridian does hereby contract with
second party for the 'removal of garbage, refuse and trash from the
City of Meridian and within the corporate limits thereof for a
period from the date of this contract until September 9, 1999, and
it is specifically agreed that the rates and charges for this
service shall be set by the City council of the city of Meridian
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by Ordinance or rule or regulation, pursuant to Section 7-311,
Compiled Ordinances of the City of Meridian, State of Idaho.
2.
It is agreed that for all pickups and service within
the City of Meridian, the billings therefor shall be handled
by said City and the City shall receive and account for all monies
both billed for and collected.
3.
It is agreed that the City shall receive for this service
the sum of five percent (5%) of the gross income collected by the
City.
4.
It is further agreed that said' City will balance and
settle the accounts connected with this contract twice monthly
such that second party will receive a check for payment of services
on the 15th day of each month and another check on the last day of
each month.
It is further understood and agreed that all billings
and collections shall be done by ~ City.
The City agrees to use all
re?lsonable means of collection and the blice monthly payment to
second party shall be based on all accounts actually collected
for the preceding portion of the month.
City agrees to notify
second party of all delinquent accounts within 60 days, and all
delinquent accounts collected shall be accounted for and distri-
buted to the parties hereto every three months.
Second party
shall have the right to inspect city's books at all reasonable
times to check the accuracy of the account under this contract.
""'BROSE.
QERALD
JOK$TON
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5 .
It is further agreed ~~at this contract shall be subject
to and include by reference all of the terms of Title 7, Chapter 3,
of the Ordinances of the City of ~eridian under authority of which
this said contract is executed.
6.
It is further agreed that in the event second party shalJ
fail to perform the services required under this contract or
default in the performance thereof, said City shall have the right
to cancel the same upon first giving second party thirty (30) days
written notice of the nature and manner in which it is in default
and upon failure of sec~nd party to correct or remove said default
within said period of thirty (30) days, the City shall have the
right to declare this contract forfeited, shall retain all monies
heretofore paid to the City as its percentage under this contract,
and shall upon declaration of forfeiture, account to second party
for all monies èue on. the date of forfeiture, and in such event,
second party specifically agrees to cease and desist from the per-
formance of any services called for by this contract within the
City of Heridian, and the City shall be immediately released
therefrom and shall have the right to enter into such other and
different contract as it may deem necessary for the performance of
the services by the City required.
7.
It is agreed that the rates and charges as allowed to be
set forth shall be reviewed by the parties every two years and
adjusted up or down, or left the same, as the existing economic'
conditions justify.
A..BROSE,
=rrzGERALD
CROOKSTON
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8.
It is agreed that all apartments or other units on one
water meter shall be charged to .the registered owner of said meter
as. shown on the records of the City.
9.
It is agreed ~~at all residential units are allowed
unlimited service under the basic charge so long as the proper
trash receptacles are used as allowed under Title 7, Chapter 3,
of the Compiled Ordinances of the City of Meridian, State of
Idaho.
10.
It is further agreed that second party has the right. to
terminate this contract after first giving first party six (6)
months notice in writing.
This agreement supersedes any and all
prior agreements entered into between the parties hereto.
IN tHTNESS WHEREOF, the parties hereto have hereunto set
their hands and se~ls, the day and year in this agreement first
above written.
CITY OF MERIDIAN
By' ~ p~
Grant Kingsford, May r
, City Clerk
SANITARY SERVICE, INC.
ATTEST:
BY~--./ d4i
resident
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"lGERALD
iOOKSTON
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STATE OF IDAHO,
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On this K day of 'yn~ , 1984, before me, the under-
signed a Notary Public in and for said State, personally appeared
GRANT KINGSFORD and JACK NIEMANN, Mayor and City Clerk, respectivel'
of the Ci ty of Heridian, and HOHAM!,1ED ALID;.TANI and HELEN ALIDJANI,
President and Secretary, respectively, of Sanitary Service, Inc.,
and acknowledged to me that they executed the within and foregoin9
instr~aent in the name of and on behalf of said City and corpora-
ti on .
IN ~'lI'rNESS ~'¡HEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
(s rALj
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Notary Public for Idaho
Residing at Meridian, Idaho