HomeMy WebLinkAboutAgenda Report - November 4, 1992 (70)CCIN OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Adoption of Ordinance No. 1513 entitled, "An Ordinance of the Lodi
City Council Amending the City's Exclusive Franchise for Waste
Disposal Services to Include Industrial Waste"
METING DATE: November 4, 1992
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the
City Council to adopt Ordinance No. 1513.
BACKGROUND INFORMATION: Ordinance No. 1513 entitled, "An Ordinance of the Lodi City
Council Amending the City's Exclusive Franchise for Waste
Disposal Services to Include Industrial Waste" was
introduced at the regular meeting of the Lodi City Council
held May 1, 1991.
Pursuant to State statute, ordinances may be adapted five days after their
introduction following reading by title.
This Ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
AMR/imp
COUNCOMI/TXTA.02J/COUNCOM
Alice M/„•eimche
City Clerk
THOMAS A PETERSON �..+.,.o.
ORDINANCE NO. 1513
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING THE CITY'S EXCLUSIVE FRANCHISE
FOR WASTE DISPOSAL SERVICES TO INCLUDE INDUSTRI..L WASTE
WHEREAS, on September 28, 1988 under Ordinance 1433, the Lodi
City Council granted to Lodi Sanitary City Disposal Company, Inc. the
exclusive right to collect all residential and commercial waste within
the City Limits; and
WHEREAS, it now appears necessary and desirable to modify that
Agreement to include the collection of industrial waste; and
WHEREAS, the Lodi City council hereby determines pursuant to
Public Resources Code Section 40059 that the public health, safety and
well being require that refuse collection services in the City of Lodi,
including collection of industrial waste, be provided by means of an
exclusive contract without competitive bidding; and
WHEREAS, Lodi Sanitary City Disposal Company, Inc., a California
corporation, is qualified to perform such refuse collection services by
means of such contract in the interests of public health, safety, and
well being;
NOW, THEREFORE, THE LODI CITY COUNCIL ORDAINS as follows:
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SECTION 1. The Agreement entered into between the City and Lodi
Sanitary City Disposal Company, Inc. on September 7, 1988 is hereby
amended as deocribed in the Addendum to the Agreement attached hereto.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days fvomt and after its passage and approval.
Approved this 4th day of November, 1992
JAMES W. PINKERTON, JR.
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
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State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance N0.1513 was introduced at a regular meeting of the City
Co•.mcfl of the City of Lodi held May I, 1991 and was thereafter passed,
adopted and ordered to print at a regular meeting of said Council held
November 4, 1992 by the following vote:
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Ayes= Council Members -
Noes= Council Members -
Absent: Council Nlenbm -
Abstain: council Members -
I further certify that Ordinance No. 1513 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. MCNAIT
City Attorney
ORD1513/TXTA.01V
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ALICE M. RRIMCRE
City Clerk
M O D I F I C A T I O N T O A G R E E M E N T
THIS MODIFICATION TO THE AGREEMENT DATED SEPTEMBER 7, 1988 (the
Agreement) is entered into this 4th day of November, 1992, by and between
the parties to the original Agreement. All terms of the original
Agreement, save and except those additions, deletions, and modifications
specified herein, shall continue.
R E C I T A L S
Paragraph 1 (Definitions) is modified by the addition thereto of a
subsection (d) as follows:
Industrial Customers
All industrial customers within the City limits.
Paragraph 2 shall read:
2. "Scope of Acrreemen%
"Contractor shall furnish all materials and equipment required
for the orderly collection of refuse on a regularly -scheduled
basis to all residential, industrial, and commercial customers
N
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Paragraph 3 shall be modified to read:
3. "Exclusive Nature of Agreement
Contractor shall have within the City limits, subject to the
i
limitations contained in this Agreement, the exclusive right and
duty to collect and transport to a site designated by the City
all residential, commercial, and industrial refuse."
Paragraph 6 shall be modified by the addition thereto of a subparagraph c.
as follows:
c. Tnclnetr;al Customers
(Collection schedule to be added.)
Paragraph 8 shall be modified, to include industrial collection, as follows:
"8. Hours of Collection
" ... industrial collection shall be made on an "as needed"
basis, subject to agreement between the contractor and industrial
customer."
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Paragraph 30 shall be modified to delete reference to Lodi Municipal Code
Section 13.16.060 which section no longer relates to insurance liability,
as follows:
i,
1130. Liability Insurance
In this connection, contractor agrees to furnish the City
with evidence of Workers' Compensation Insurance coverage and a
certificate of insurance showing a minimum of $500,000 for damage
to property, and $1,000,000 for injury to persons, with the City
of Lodi named as an additional insured on said policy."
IN WITNESS WHEREOF, the parties hereto have set their hands the day and
year first hereinabove mentioned.
CITY OF LCDI, a municipal
corporation LODI SANITARY DISPOSAL COMPANY, INC.
THOMAS A. PETERSON
City Manager
ATTEST:
ALICE M. REIMCHE
City Clerk
AGRREFUS/TXTA.01V
DAVID VACCAREZZA
General Manager
APPROVED AS TO FORM:
BOBBY W. MCNATT
city Attorney
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CITY COUNCIL MEETING
November 4, 1992
Absent: Council Members - None