HomeMy WebLinkAboutAgenda Report - February 17, 1993 (89)• .� 6R
CITY OF LODE
COUNCIL COMMUNICATION
AGENDA TITLE: Adoption of Ordinance No. 1565 entitled, "An Ordinance of the City
Council of the City of Lodi Amending Exclusive Franchise for Waste
Disposal Services
MEETING DATE: February 17, 1993
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the
City Council to adopt Ordinance No. 1565.
BACKGROUND INFORMATION: Ordinance No. 1565 entitled, "An Ordinance of the City
Council of the City of Lodi Amending Exclusive Franchise
for Waste Disposal Services" was introduced at the
regular meeting of the Lodi City Council held February 3,
1993.
Pursuant to State statute, ordinances may be adopted five days after their
introduction following reading by title.
This Ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
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ennif M. Perrin
ity C erk
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APPROVED - -- - ---------- -- — tii
i NOMAS A PETERSON
•er.yclee pane:
City Manager
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ORDINANCE NO. `1565
AN 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 8V to 6% 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 i_ 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 6%
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franchis_ fee. City hereby agrees tG -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 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 from and after its passage and approval.
Attest:
J NNZFfi M. PERRIN
ity Clerk.
Approved this 17th day of February 1993
r i
PHILLIP A. PENNINO
Mayor
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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. 1565 was introduced 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 at a regular meeting of
said Council held February 17, 1993 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. 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
---;----BOBBY W. MCNATr
City Attorney
ORD1565B/TXTA.02J
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�X'NIFlrl,-RI&4PfiRRIN
City Clerk
• ADDENDUM TO AGREEMENT
RELATING TO EXCLUSIVE FRANCHISE FOR THE `
t 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 t1'1
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 8% 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 8% to 6V in order to lower the collection and
transportation rates;
NOW, THEREFORE, IT IS AGREED by and between the panties hereto this
3rd day of February, 1993 as follows:
1. ORIGINAL FRANCHISE AGREEMENT INCORPORATED BY REFERENCE.
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The orr-jinal franchise agreement entereu 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. Contractor Compensation
"City shall remit to Contractor each Friday, the net.collections
in the previous week after deducting from collections a 61r
franchise fee. Cir:y 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
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ATTEST:
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IFER M 0
PERRIN
City Clerk
Approved As :o Form:
BOBBY W. MCNATT
City Attorney
AGRREFD/TXTA.01V
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