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HomeMy WebLinkAbout97-75 - Solid Waste Franchise AgreementRESOLUTION NO. 97 - 75 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER THE GRANTING OF A NON - EXCLUSIVE FRANCHISE FOR A COMMERCIAL SOLID WASTE HAULER WITHIN THE CITY OF NEWPORT BEACH WHEREAS, the City Council finds and determines that the collection of solid waste generated within the City is a vital public service and that the storage, accumulation, collection, and disposal of solid waste and recyclables is a matter of great public concern because improper control of such matters would subject the City to potential liability, damages and penalties and may create a public nuisance, air pollution, fire hazard, rat and insect infestation, and other problems affecting the public health, safety and welfare. • WHEREAS, non - exclusive franchises for the use of public streets to provide commercial solid waste hauling services will promote the public health, safety, and welfare by among other things promoting permanence and stability among those businesses wishing to provide such service and accountability to the City for compliance with current and future state mandates. WHEREAS, pursuant to Article XIII of the City Charter and pursuant to Sections 49500 through 49523 of the Public Resources Code, the City is authorized to enter into non - exclusive franchise agreements for commercial solid waste collection services with private solid waste haulers. NOW, THEREFORE, be it resolved by the City Council of the City of • Newport Beach that: Res 97 -75 1. A public hearing shall be conducted on November 24, 1997, at 7:00 • p.m., or as soon thereafter as practical in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California, to consider the granting of a franchise to the below listed solid waste hauler pursuant to the following terms and conditions: a. Implementation date: January 1, 1998. b. Monthly franchise fee: 7.5% of gross monthly receipts for the first year increasing by 1% per year with a cap of 10.5 %. C. Term: Eight years with renewal rights upon mutual agreement of the franchisee and City. d. Bin rates: No set rates. • e. Franchisee shall indemnify and hold harmless City from environmental liability for the franchisee's operations in the City and pay to the City Environmental Liability Fund 5.5% of gross receipts for all commercial solid waste handling services provided by the Franchisee in the City during the prior reporting period. f. Franchisee shall indemnify and hold harmless City from penalties and damages for failure to meet current and future state recycling requirements. g. Location of disposal: City reserves the right to designate location of disposal. h. Billing and collection responsibility: Private haulers. • i. No revocation of franchise unless there is a default under the agreement. Res 97 -75 j. Minimum hauler qualifications: Liability insurance, suitable equipment, • knowledge of solid waste regulations, load check programs, etc. k. Public education requirements provided by haulers to customers on recycling and source reduction. 1. City authority to annually audit hauler's financial records relating to the payment of fees required under the franchise. m. Compliance with all State, Federal laws and regulations, terms and conditions of franchise agreement, City Charter and Municipal Code. 2. The City proposes to offer a non - exclusive solid waste collection franchise to each of the following listed solid waste haulers who are presently licensed and permitted to conduct solid waste collection activities in the City. • Persons who have an interest in or objection to the proposed franchises may appear before the City Council and be heard on the date and time listed in Paragraph 1 above. a. Key Disposal, Inc., John Katangian, President 3. This Resolution of Intention shall be published in the City's official newspaper within 15 days of its adoption and at least 10 days prior to November 24, 1997. Adopted this 10th day of November, 1997. ATTEST: ry 1 CITY CLERK MA STATE OF CALIFORNIA } • COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -75, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of November, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of November, 1997. • (Seal) • City Clerk of the City of Newport Beach, California p