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
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• 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.
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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)
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M. 4,0-n,
City Clerk of the City of
Newport Beach, California