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HomeMy WebLinkAboutAgenda Report - April 7, 1993 (92)Alts j OF 4 CITY OF LODI CMGs ,,t COUNCIL COMMUNICATION AGENDA TITLE: Modify Franchise Fee For Solid Wa3tp Disposal MEETING DATE: April 7, 1993 PREPARED BY: Assistant City Manager RECOMMENDED ACTION: That the City Council adopt an urgency ordinance and amend the franchise Agreement entered into by the City of Lodi and Sanitary City Disposal Company in order to reflect a 4.8% franchise fee for the collection and transportation of refuse, rather than 6t, and authorize the City Manager and City Clerk to execute the Addendum on behalf of the City. BACKGROUND: The franchise agreement with Sanitary City Disposal has a 6t franchise fee for the collection and transportation of refuse within the City limits. When. the City Council adopted the new rates for the curb side recycling program, it was agreed the City would reduce the franchise fee from 6% to 4.8t in order to lower the collection and disposal rates. FUNDING. N/A Respectfully submitted, ry L. Glenn Assistant City Manager APPROVES l• � '�- --•-------------- �, II THOMAS A. PETERSON ! :itv Mannger J CC -1 .-*w4 ORDINANCE NO. 1574 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING EXCLUSIVEE FRANCHISE FOR WASTE DISPOSA:, SERVICES -===a=a==s....s..s.a.s.sc..c==scsc=s=a=5c=accocssoc..acx=:==nmaacscassa BE IT ORDAINED BY THE CLTY COUNCIL OF THE CITY OF LODI AS FOLLOWS: WHEREAS, the Lodi City Council on September 7, 1988 entered ivto an exclusive contract with Lodi Sanitary City Disposal Company, Inc. for the exclusive right to provide refuse collection services for the City of Lodi; and WHEREAS, Paragraph 27 of said agreement relating to "Contractor Compensation" specifies that tree ccn,ract ahnll receive a franchise fee in the amount of 6% of monies received for refuse collection and transportation; and WHEREAS, when the City Council adopted the new rates for the curb side recycling program, it was agreed that the City would reduce the franchise fee from 6% to 4.8% in order to lower the collection and transportation rates; NOW, THEREFORE, THE LODI CITY COUNCIL ORDAINS that the exclusive contract with Lodi Sanitary City Disposal Company, Inc. is amended as follows: SECTION 1. Paragraph 27 shall read: 27. Contractor Compensation "City shall remit to Contractor each Friday, the net collections in the previous week after deducting from collections a 4.8t - 1 - franchise fee. City hereby agrees to keep and maintain proper records of its collection hereunder and to make such records available to Contractor or its authorized agent for audit at any reasonable time in the office of the City of Lodi Finance Department." SECTION 2. An addendum to the exclusive franchise agreement reflecting the amendment to paragraph 27 is on file in the office of the City Clerk. SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. This urgency 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 immediately. Attest: JENNIFER M. PERRIN City Clerk Approved this 7th day of April 1993 PHILLIP A. PENNINO MAYOR -2- State of California County of San Joaquin, ss.. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1574 was adopted as an urgency ordinance at a regular meeting of the City Council of the City of Lodi held April 7, 1993 and was thereafter passed, adopted and ordered to print by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1574 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 BOB MCNATT City Attorney ORD1574/TXTA.OIV -3- JENNIFER M. PERRIN City Clerk ADDENDUM TO AGREEMENT RELATING TO EXCLUSIVE FRANCHISE FOR THE COLLECTION AND TRANSPORTATION OF REFUSE WITHIN THE CITY LIMITS =-ssscsssac=.ss�3sss=scssssss=asssxscassssasssssssss=ssasaaaaaasaasassaaasa WITNESSETH: WHEREAS, the parties hereto are the City of Lodi, a municipal corporation ("City") and the Lodi Sanitary City Disposal Co., Inc., a California corporation ("Contractor") who are signatories to the agreement dated September 7, 1988, granting Contractor an exclusive franchise for the collection and transportation of refuse within the City limits; and WHEREAS, Paragraph 27 of said agreement relating to "Contractor Compensation" specifies that the contractor shall receive a franchise fee in the amount of 6% of monies received for refuse collection and transportation; and WHEREAS, when the City Council adopted new nates for its curb side recycling program, it was agreed between the parties that the City would reduce the franchise fee from 6% to 4.89s in order to lower the collection and transportation rates; NOW, THEREFORE, I: IS AGREED by and between the parties hereto this 7th day of April, 1993 as follows: 1. ORIGINAL FRANCHISE AGREEMENT INCORPORATED BY REFERENCE. -1- The original franchise agreement entered into between the parties hereto is incorporated by reference and adopted as if fully set forth in this Addendum. All terms of the original agreement shall remain in full force except as provided herein. 2. Paragraph 27 of the exclusive contract with Lodi Sanitary City Disposal Company, Inc. is amended as follows: 27. ContrRctor Compensation "City Shall remit to Contractor each Friday, the net collections in the previous week after deducting from collections a 4.8t franchise fee. City hereby agrees to keep and maintain proper records of its collection hereunder and to make such records available to Contractor or its authorized agent for audit at any reasonable time in the office of the City of Lodi Finance Department." IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove mentioned. CITY OF LODI, LODI SANITARY CITY DISPOSAL CO., INC. a municipal corporation a California corporation _ By THOMAS A. PETERSON DAVE VACCAREZZA City Manager General Manager -2- The original franchise agreement entered into between the parties hereto is incorporated by reference and adopted as if fully set forth in this Addendum. All terms of the original agreement shall remain in full force except as provided herein. 2. Paragraph 27 of the exclusive contract with Lodi Sanitary City Disposal Company, Inc. is amended as follows: 27. Contrector Comoensati-en "City Shall remit to Contractor eAch Friday, the net collections in the previous week after deducting from collections a 4.8t franchise fee. City hereby agrees to keep and maintain proper records of its collection hereunder and to make such records available to Contractor or its authorized agent for audit at any reasonable time in the office of the City of Lodi Finance Department." IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove mentioned. CITY OF LODI, LODI SANITARY CITY DISPOSAL CO., INC. a municipal corporation a California corporation By THOMAS A. PETERSON DAVE VACCAREZZA City Manager General Manager -2- ATTEST: JENNIFER M. PERRIN City Clerk Approved As To Form: BOBBY W. McNATT City Attorney AGRREFU.2/TXTA.01V -3- ORDINANCE NO. 1574 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING EXCLUSIVE FRANCHISE FOR -WASTE DISPOSAL SERVICES BE IT ORDAINED BY THE CITY COLENCIL 08 THE CITY OF LODI AS FOLWWS: WHEREAS, the Lodi City Council on September 7, 1998 entered into an exclusive contract with Lodi Sanitary City Disposal Company, Inc. for the exclusive right to provide refuse collection services for the City of Lodi; and WHEREAS, Paragraph 27 of said agreement relating to "Contractor Compensation" specifies that the contractor shall receive a franchise fee in the amount of 6t of monies received for refuse collection and transportation; and wHEREAS, when the City Council adopted the new rates for the curb side recycling program, it was agreed that the City would reduce the franchise fee from 6V to 4.8V in order to lower the collection and transportation rates; NOW, THEREFORE, THE LODI CITY COUNCIL ORDAINS that the exclusive contract with Lodi Sanitary City Disposal Company, Inc. is amended as follows: SECTION 1. Paragraph 27 shall read: 27. Contractor Compensation "City shall remit to Contractor each Friday, the net collections in the prev{ous week after deducting from collections a 4.8V -1- franchise fee. City hereby agrees to ..eep and maintain proper records of its collection hereunder and to make such records available to Contractor or its authorized agent for audit at any reasonable time in the office of the City of Lodi Finance Department." SECTION 2. An addandum to the exclusive franchise agreement reflecting the amendment to paragraph 27 is on file in the office of the City Clerk. SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. This urgency 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 immediately. Attest: gjOkNIHER (I. PERRIN City Clerk Approved this 7th day of April 1993 -G-Q . - - )- ' PHILLIP A. PENNINO MAYOR l►a State of California County of San Joaquin, ss. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1574 was adopted as an iurgency ordinance at a regular meeting of the City Council of the City of Lodi held April 7, 1993 and was thereafter passed, adopted and ordered to print by the following vote: Ayes: Council Members - Mann, Sieglock, Snider and Pennino (Mayor) Noes: Council Members - Davenport Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1574 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 - BOB McNATT City Attorney ORD1573/TXTA.02J -3- rt '•� rr ENNIFfi ;M. PERRI14 City Clerk