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
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• ATTEST
•
•
LaVonne Harkless, City Clerk
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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.
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:
.9
•
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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
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"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