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HomeMy WebLinkAbout98-1 - Solid Waste Franchise AgreementRESOLUTION NO. 98 -1 A RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF NEWPORT BEACH APPROVING AGREEMENT TO TERMINATE NON - EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND 5 STAR RUBBISH WHEREAS, the City Council of the City of Newport Beach finds as follows: A. The City Charter in Chapter 12.63 of the Newport Beach Municipal Code establishes requirements and procedures to grant a franchise to provide solid waste handling services within the City of Newport Beach. On or about November 27, 1995, 5 Star Rubbish ( "Franchisee ") entered into a Non - Exclusive Franchise Agreement with City pursuant to authority of Ordinance No. 95 -64. B. Franchisee has notified City in writing, of her desire to terminate the Agreement and surrender all rights thereunder. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: is1. That the Agreement to terminate the Non - Exclusive Franchise Agreement between the City of Newport Beach and Franchisee, attached hereto as Exhibit "A" is hereby approved and the Mayor is authorized to sign on behalf of the City. Adopte t 12th y of anuary 1998. MAR ATTEST: CITY CLERK is 6 • AGREEMENT TO SURRENDER COMMERCIAL SOLID W ASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE QTY OF NEWPORT BEACH ANDS STARRUBBISH This Agreement is entered into and executed by and between the CITY OF NEWPORT BEACH, a municipal corporation, and Charter City organized and existing under the laws of the State of California ( "City"), and 5 Star Rubbish ( "Franchisee ") $EICIIALS This Agreement is entered into on the basis of the following facts: Ordinance No. 95 -64 granted a franchise to franchisee. Pursuant to the franchise, City and Franchisee entered into a Commercial Solid Waste Collection Franchise Agreement on or about November 27, 1995. Franchisee has informed City that Franchisee is no longer providing commercial solid waste collection services within the City of Newport Beach and wishes to surrender • and terminate the Agreement. NOW THEREFORE, City and Franchisee agree as follows: 1. The Franchise Agreement between City and Franchisee is hereby terminated effective January 31, 1998 and shall be of no further force and effect. 2. Franchisee shall have no further right nor authority to engage in commercial solid waste handling operations in the City of Newport Beach, subject to the provisions of Section 49520 and 49523 of the Public Resources Code. 3. Franchisee shall, however remain liable to City for any and all franchise fees that would otherwise be payable by Franchisee, for any and all late payment charges and interest assessed pursuant to Section 4 of the Agreement, and for any and all delinquent report charges assessed pursuant to Section 6 of the Agreement which relate to commercial solid waste handling activities performed by Franchisee up to and including the date of termination of this Agreement. Franchisee agrees that it has removed, or will remove all of Franchisee's commercial solid waste containers from all Franchisee's collection service locations. Franchisee agrees that prior to assuming any commercial solid waste handling services in the City of Newport Beach a new Franchise Agreement shall be applied for and granted by the City Council for the City of Newport Beach. • 71M • J • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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. 98 -1, 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 12th day of January, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of January, 1998. (Seal) �a�WpnE r° i.i M. 4,0-n, City Clerk of the City of Newport Beach, California