HomeMy WebLinkAboutAgenda Report - February 3, 1993 (27)CITY OF LOD1
COUNCIL COMMUNICATION
AGENDA TITLE: .. Modify Franchise Fee For Sold Waste Disposal
MEETING DATE: February 3, 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 61r franchise fee for the
collection and transportation of refuse, rather than
8t, and authorize the City Manager and City Clerk to
execute the Addendum on behalf of the City.
BACKGROUN.i: The franchise agreement with Sanitary City Disposal
has an 8% 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 8t to 6t in order
to lower the collection and disposal rates.
FUNDING: N/A
Respectfully submitted,
ry L. Glenn
A sistant City Manager
APPROVED •'` — ----- -- Loi
THOMAS A. PETERSON Cycled caner
City Manager
JGREFUSE/TXTA.OIV C'*
ADDENDUM TO AGREEMENT
RELATING TO EXCLUSIVE FRANCHISE FOR THE
COLLECTION AND TRANSPORTATION OF REFUSE WITHIN THE CITY LIMITS
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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 Bir of monies received for refuse collection and
transporttion; and
WHEREAS, when the City Council adopted new rates for its curb side
recycling program, it was agreed between the parties that the City would
reduce the franchise fee from 8V to 6t in order to lower the collection and
transportation rates;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto this
3rd day of February, 1993 as follows:
1. ORIGINAL FRANCHISE AGREEMENT INCORPORATED BY REFERENCE.
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• 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 origina•1 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. Contractor Conwensation
"City shall remit to Contractor each Friday, the net collections
in the previous week after deducting from collections a 6t
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
Deportment."
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
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ATTEST:
JENNIFER M. PERRIN
City Clerk
Approved As To Form:
BOBBY W- MCNATT
City Attorney
AGRREFU/TXTA.01V
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ORDINANCE NO. 1565
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING EXCLUSIVE FRANCHISE FOR WASTE DISPOSAL SERVICES
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
WHEREAS, the Lodi City Council on September 7, 1988 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 8t 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 8t to 6t 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 6V
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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 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 ordinance is for the usual and current expenses of the
City and is adopted pursuant to Government Code Section 36937(d). 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 immediately upon its
passage and approval.
Attest:
JENNIFER M. PERRIN
City Clerk
Approved this 3rd day of February 1993
PHILLIP A. PENNINO
Mayor
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State of Cilifornia
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, ao hereby
certify that Ordinance No. 1565 was adopted as an urgency ordinance at
a regular meeting of the City Council of the City of Lodi held February
3, 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. 1565 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. MCHATT
City Attorney
ORD1565/TX.TA.01V
IWIM
JENNIFER M. PERRIN
City Clerk