HomeMy WebLinkAbout95-120 - SeaTac Disposal - Solid Waste Collection FranchiseFRANCHISE
FOR SOLID WASTE COLLECTION
WITHIN THE CITY OF TUKWILA
/ Gtr
THIS FRANCHISE is made and entered into on the date set forth below, by and between the City
of Tukwila, a municipal corporation ("City") and Sea -Tac Disposal, Inc., a Washington corporation
("Franchisee").
WITNESSETH:
WHEREAS, the City has adopted a Service Level Ordinance, Ordinance Number 1595, that directs
Washington State Utilities and Transportation Commission -certified solid waste collection companies to
offer certain garbage and recycling collection services; and
WHEREAS, the City wishes to have the future option of contracting for collection services to
directly control rates, rate structures, and services provided to City residents and businesses; and
WHEREAS, Chapter 35A.14.900 RCW limits the ability of the City to assert control over annexed
areas unless a franchise for a minimum duration of five years is issued to public services businesses,
including garbage collection companies, currently offering services in such areas; and
WHEREAS, the intent of this Franchise is to grant a franchise to continue such business within the
annexed territory for a term of five years, as described in RCW 35A.14.900,
WHEREAS, pursuant to Ordinance 1634, Sea -Tac Disposal, Inc., was granted such a five year
franchise effective September 30, 1992,
IT IS AGREED, as follows:
1. Franchisee shall continue to provide RCW 81.77 and RCW 81.80 garbage and recycling
collection services under their Washington Utilities and Transportation Commission certificates, subject
to the requirements of the City's service level ordinance, as amended from time to time, and to the
requirements of Ordinance 1634, by which this franchise was granted.
2. This agreement shall be binding upon all successors to the signatories hereto.
3. Franchisee shall pay a franchise fee of $500 per year to support recycling perfoiivance
monitoring and other program costs as provided by ordinance.
4. The term of this agreement and franchise shall be five years from September 30, 1992, the
effective date of Ordinance 1634, expiring on October 2, 1997.
s{
Dated and signed this / day of G�'�YU►-t , 1995.
CITY OF = KWILA SEA -TAC DISPOSAL, INC.
John S Rants
w.
Attest/Authenticated:
e E. Cantu, City Clerk
Approved as to form:
Office of the City Attorney
i4 73 s
City of Tukwila
Washington/354
Ordinance No..
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
GRANTING EXCLUSIVE AND NON-EXCLUSIVE FRANCHISES TO
COMPANIES OP]ERATING 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. Purpose. 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 5. 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 Assigns. 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/Sale 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 Feq 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 l8. Effective Dale,.. 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.
4
Ane E. Cantu, City Clerk
Authenticated:
L/
Approved as to form:
adt
c -i44 00z -
Office of the Ci Attorney
Filed With The City Clerk % /7- f2--
Passed
y
Passed By The City Council % a" -i1
Published 7- ca5 - Y2-
Effective
Z
Effective Date % - 3 o _YZ
Ordinance No. / 3 y
Approv/' :
oil W. Rants, Mayor