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HomeMy WebLinkAboutOrd 1634 - Garbage and Recycling Collection Franchises LA, w 4 0 f i 1 1908 City of Tukwila Washington Ordinance No. J-6 3 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING EXCLUSIVE AND NON EXCLUSIVE FRANCHISES TO COMPANIES OPERATING NOW UNDER THE JURISDICTION OF RCW 81.77 AND OTHER APPLICABLE REGULATIONS, FOR THE OPERATION OF A GARBAGE, REFUSE, AND RECYCLING COLLEC- TION AND REMOVAL BUSINESS IN THE CITY OF TUKWILA. Whereas, the City Council of the City of Tukwila, Washington, finds that the following franchise will be in the best interest of the public health, safety and general welfare, and that more than five (5) days have passed since this franchise ordinance was introduced at a Council meeting, NOW, THEREFORE, the City Council of the City of Tukwila, Washington, hereby ordains as follows: Section 1. Purnose. The City of Tukwila currently has the authority to contract for garbage and recycling collection or provide municipal garbage and recycling services in all areas except those annexed within the past several years. This ordinance institutes five -year franchises in all areas annexed since RCW 35A.14.900 became effective (1967). It is the City's intention to consider the option of exercising its full authority to provide uniform garbage and recycling service for all of Tukwila once these franchises expire. Section 2. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Garbage" or "refuse" means and includes all putrescible and nonputrescible solid and semi -solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities, except recyclable materials and special wastes, which are placed by customers of the franchisee in appropriate bins, bags, cans or other receptacles for collection and disposal by the franchisee. B. "Recyclable materials" means and includes those materials defined as recyclable by RCW 70.95.030 or identified as recyclable materials pursuant to the city's comprehensive waste plan once adopted, and which are placed by waste generators in appropriate bins, bags, cans or other receptacles for collection and disposal by a recycling business. Section 3. Franchise Granted Term. The City of Tukwila hereby grants to current companies operating under Jurisdiction of RCW 81.77 (hereinafter referred to as "Franchisees exclusive franchises to operate residential garbage, refuse and recycling collection and removal businesses and commercial refuse or garbage collection in the annexed areas of Tukwila, served as of the beginning of the franchise term in the City of Tukwila. These franchises shall be for garbage, refuse and recycling collection and removal only. The term of these franchises shall be until October 2, 1997, at which time they shall automatically expire. Section 4. Rates. Rates and service charges required of customers served by the Franchisees shall be filed in writing with the City Clerk of the City at least 30 days prior to their effective date. Section S. Monitoring,, Monitoring data shall be filed with the Recycling Coordinator per the requirements of Tukwila Ordinance No. 1595. Section 6. Newly Annexed Areas. In the event the City annexes areas within which the Franchisee has an existing WUTC authority for garbage and refuse collection and removal, the Franchisee agrees, by accepting this franchise from the City of Tukwila, that the WUTC authority applicable to the annexed area shall be deemed cancelled upon the effective date of the annexation. Franchisee agrees to continue to service the newly -annexed area under the terms and conditions set forth herein, and agrees that it waives any and all claims for compensation from the City for the cancellation of the previous WUTC authority and further agrees that it waives any request for extension of time on this WUTC authority due to such cancellation; provided, however, that Franchisee shall be granted the right to serve the newly annexed area for a term of not less than five years from the date of annexation. Notwithstanding the foregoing provisions of this section, in the event that the Franchisee feels that the application of this Section 6 with respect to any area annexed to the City subsequent of this ordinance, works a significant financial hardship upon Franchisee, then ft shall have the right to request a waiver of application of the provisions of this section by the City Council, and to present its arguments in support of such requests to the Council. Upon receipt of such request, the City Council shall hear the arguments for the Franchisee and shall determine, in the sole discretion of the City Council, whether a partial or complete waiver of applications of the provisions of this Section 6 should be granted. Section 7. Indemnity,. The Franchisee, by accepting this franchise, hereby agrees for itself and its successors to release, indemnify, protect, defend and save harmless the City of Tukwila from all claims, actions or damages or any kind and descrlption which may occur to or be suffered by any person or persons, corporation or property arising, directly or indirectly, out of the operation of Franchisee's business, whether it is caused or contributed thereto With respect to the City, Franchisee specifically waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless the City extends to any claim, demand or cause of action brought by or on behalf of any employee of any franchise, against the City, its officers, agents or employees; provided, however, that nothing herein shall be deemed to require the Franchisee to indemnify the City for injury to persons and /or property arising from the sole negligence or intentional misconduct of the City. In case of suit or action brought against the City for damages arising out of or by reason of any other above mentioned causes, Franchisee agrees to pay all City's cost of defense, including reasonable attorneys' fees, and if judgment is rendered against the City in such suit or action, Franchisee will fully satisfy said judgment. Section 8. Insurance. Franchisee agrees to obtain and continuously maintain public liability and property damage insurance in an amount not less than $1,000,000 per person and $2,000,000 per occurrence and in a form approved by the City Attorney. The Franchisee shall submit such evidence of insurance within. fifteen (15) days after the effective date of this ordinance. The policy of insurance shall contain a provision that it will not be reduced or cancelled without at least thirty (30) days prior written notice to the City. The contract of insurance shall also specifically include contractual liability insurance affording coverage for the Franchisee's obligations contained in Section 6 of this ordinance. Section 9. Reservation of Rights. Rights granted herein shall be subject to and governed by this ordinance; provided, however, the City expressly reserves unto itself all its police power to adopt general ordinances necessary to protect the safety and health of the citizens of Tukwila in relation to the rights herein granted. Section 10. Successors and Assians. All of the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns or the Franchisee and all privileges of the Franchisee shall injure to its successors and assigns. Section 11. Assignment /Sate Prohibited,. No sale, lease or assignment of this franchise to another agency by the Franchisee shall be effective before and unless the Tukwila City Council approves such sale, lease or assignment. Section 12. Revocation. In the event of a material violation of any of the provisions of this ordinance, the franchise granted herein may be revoked, suspended or terminated by the City Council. Complaints for termination and /or revocation and /or suspension of this franchise shall be filed with the Public Works Director and mailed to the Franchisee. Prior to any decision adverse to the Franchisee, the City Council shall conduct a hearing and at the conclusion thereof, may render its decision or recess the hearing until a later date certain. Section 13. Appeals. The decision of the City Council shall be final with respect to matters set forth in this ordinance. Any appeal of the Council's decision must be served and filed in King County Superior Court within ten (10) days of the date of the City Council's decision. The person appealing such decision shall bear all costs of preparing and certifying the record of proceedings required by the court. Section 14. Other Remedies. In addition to suspension and /or revocation, the City may enforce the terms of this franchise by appropriate suit, including a suit for specific performance. In the event either party brings suit to enforce the terms of this franchise, the prevailing party shall be awarded its costs, including reasonable attorneys' fees. Section 15. Other Franchises. Unless otherwise authorized or required by RCW 35A.14.900 or other applicable law, the City of Tukwila will not grant other garbage collection and removal franchises except to WUTC certified haulers authorized by the WUTC to serve the City of Tukwila in garbage, refuse and recycling collection and removal. Section 16_ Franchise Fee, A fee of $500 per year shall be levied on franchises to partially offset the costs of monitoring program toward meeting State and King County recycling goals and /or meet other program costs. Section 17. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 18. Effective Date, This ordinance shall be in full force and effect five (5) days after passage and publication as provided by law, provided, that the franchise granted herein shall not become effective until accepted by the Franchisee. Franchisee shall signify acceptance of the terms of this franchise by signing the original ordinance and /or by operating a garbage, refuse and recycling collection and removal business in Tukwila under authority of RCW 81.77. Authenticated: ane E. Cantu, City Clerk Approved as o form: )/k/dal guLw- y4; z- Office of the C Attorney Filed With The City Clerk /7 yy Passed By The City Council 7- yz. Published 7- '?s 9L Effective Date 3 Ordinance No. /�.3�/ Approved: W. Rants, Mayor SUMMARY OF ORDINANCE NO. 1634 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING EXCLUSIVE AND NON EXCLUSIVE FRANCHISES TO COMPANIES OPERATING NOW UNDER THE JURISDICTION OF RCW 81.77 AND OTHER APPLICABLE REGULATIONS, FOR THE OPERATION OF A GARBAGE, REFUSE, AND RECYCLING COLLEC- TION AND REMOVAL BUSINESS IN THE CITY OF TUKWILA. On September 21, 1992, the City Council of the City of Tukwila passed Ordinance No. 1634, which provides as follows: states purpose and definitions, grants franchises and states terms of contracts, sets franchise fee, and establishes an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of September 21, 1992. PUBLISHED: VALLEY DAILY NEWS SEPTEMBER 25, 1992 c-ite 6 /Thne E. Cantu, City Clerk