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HomeMy WebLinkAbout99-9 - Commercial Solid Waste Franchise Termination - A-Trojan Disposal• RESOLUTION NO. 99- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TERMINATING THE COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND A- TROJAN DISPOSAL. WHEREAS, on November 27, 1995, the City of Newport Beach granted a Non- exclusive Franchise to A- Trojan Disposal for commercial solid waste collection services ( "Franchise Agreement "); and WHEREAS, on January 18, 1999, the City was notified that A- Trojan Disposal has been purchased by USA Waste and is no longer operating within the City of Newport Beach; and WHEREAS, A- Trojan Disposal has requested, in writing, that the City terminate the Franchise Agreement; and •WHEREAS, the City Council has been presented with an agreement to terminate the Franchise Agreement; and NOW THEREFORE, the City Council resolves as follows: 1. The City Council hereby approves the termination of the Franchise Agreement with A- Trojan Disposal. The Agreement to Surrender the Commercial Solid Waste Collection Franchise Agreement Between the City of Newport Beach and A -Trojan Disposal attached hereto as Exhibit "A ", is hereby approved and the City Manager is authorized to execute the Agreement as written. ADOPTED this Sth day of February_ 1999. "CITY" CITY OF NEWPORT BEACH, a Municipal Corporation 1 • Dated: 0Z -8-99 By: Dennis D. O'Neil Mayor kV NIS- JlSYS1USERSGSWdEldndeeVANUARY 99�Covn61- ATmjmdm • ATTEST • • LaVonne Harkless, City Clerk W IS_ I�SYS \USERS\GSV\MEIdridg<VANUARY 99\C9un<il- ATmjan.do EXHIBIT "A" AGREEMENT TO SURRENDER • COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND A- TROJAN DISPOSAL This Agreement is entered into on this day, the �f day of Rh' AI 1999 and executed by and between the CITY OF NEWPORT BEACH, a municipal corpor. tion ( "CITY "), and A- TROJAN DISPOSAL ( "FRANCHISEE "). RECITALS Pursuant to City Ordinance No. 95 -63, CITY and FRANCHISEE entered into a Commercial Solid Waste Collection Franchise Agreement dated January 1, 1996 ( "AGREEMENT "). On January 18, 1999, CITY was notified that FRANCHISEE is no longer in operation and was purchased by USA WASTE on October 22, 1998. NOW THEREFORE, CITY and FRANCHISEE agree as follows: 1. The AGREEMENT is hereby terminated effective January 30, 1999 and shall be of no further force and effect. • 2. By signing this agreement, FRANCHISEE agrees to surrender all rights to do business as A- Trojan Disposal to operate commercial solid waste collection services within the City limits. 3. FRANCHISEE shall be liable for payment to the CITY of all applicable fees associated with FRANCHISEE's performance of solid waste collection services performed during the term of the AGREEMENT through January 30, 1999 including but not limited to the following: a. Current and outstanding Franchise Fees b. All applicable charges associated with late payment of Franchise Fees pursuant to Section 4 of the AGREEMENT c. All applicable charges associated with report delinquencies pursuant to Section 6 of the AGREEMENT. 4. FRANCHISEE agrees to submit any outstanding Disposal Reports per Section 6 of the AGREEMENT including a Quarterly Disposal Report for third quarter activity performed from July 1998 through September 1998. 5. FRANCHISEE agrees that it has removed, or will remove within fifteen days after City Council approval of this agreement all equipment from FRANCHISEE's service locations • in the City limits. F: \Users \GSN E]dridgeUANUARY WCou 61- ATrojan.doc : .9 • • 6. FRANCHISEE agrees that it will obtain a new franchise agreement with the CITY prior to initiating future solid waste collection services within the City limits. WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN BELOW EACH SIGNATURE: Dated: c� Ila lq / ATTEST ���22.�6-w LaVonne Harkless City Clerk APPROVED AS TO FORM: obm . Clausen Assistant City Attorney F: \USERS \GSV\MEldndp\JANUARY 99 \C0mci1- ATrojan.doc "CITY" CITY OF NEWPORT BEACH, a Municipal Corporation By: zc0 zl %X Dennis Danner Interim City Manager "FRANCHISEE" A- Trojan Disposal Title: Date: Vr 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. 99 -9, 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 8th day of February, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: Debay Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of February, 1999. u (Seal) • City Clerk of the City of Newport Beach, California