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Home My WebLink AboutO-1188 - Garbage collection franchise (Special)C 1 T Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1188 7 AN ORDINANCE OF THE CITY OF MARYSVILLE GRANTING NORTHWEST GARBAGE COMPANY,INC. A FRANCHISE FOR GARBAGE AND REFUSE COLLECTION AND DISPOSAL SERVICES THE CITY COUNCIL OF THE CITY OF ~1ARYSVILLE,l'JASHINGTON DO ORDAIN AS FOLLOWS:' The City of Marysville hereby grants unto Northwest Garbage Company,Inc.,1821 l80th S.E.,Bothell,WA.98011,a franchise .for garbag~and refuse coll~ction and disposal services,pursuant to RCW 35A.14.900.The terms and conditions of said franchise are those specified in the franchise agreement executed by the parties on April 13,1981,a copy of which is incorporated herein by this reference . .PASSj1p ~y the City Council and APPROVED by the Mayor this2''''~day of OjJ.",!1981.. THE CITY OF YlARSYSVILLE By~L~'Mayor Attest: By G?hi.ft U)#-~. City Clerk.- ~. .! ORDINANCE -t . ", .':;.- , l ' ". ".,,"'. 1',' "~., to,i CIT Y 0 F MAR Y S V ILL E Marysville,Washington GARBAGE COLLECTION AND DISPOSAL FRANCHISE The CITY OF MARYSVILLE,a municipal corporation of the State of Washington,hereby grants'unto NORTHWEST GARBAGE COMPANY, INC.,1821 180th S.E.,Bothell,Washington 98011,a franchise ftir garbage and refuse collection and disposal services,pursuant ~o RCW 35A.14.900,.on the following terms and .corid i t i oris: 1.Scope 6f Services.Northwest shall have the exclusive right and authorIty to operate a cpmmercial garbage and refuse collection and disposal service for all poriions of the City of Marysville hereinafter described.Said service shall be offered and performed on a uniform and non~discrimiftatory basis for all properties within the franchise territory.The quality of service shall be that specified by the Washington Utilities and Transportation Commission,and at least equal to th~quality of the garbage . collection service performed by the U~ility Department of the City. 2.Franchise Territory ..The franchise territory shall be defined as all real property within the City limits of the City of Marysville which has'~een annexed to said City within five years preceeding the date of this'franchise,together with all property which is hereafter annexed into the City.'A mapo£.the existing franchise territory is attached hereto'asExhibit A and incorporated herein by this reference.The Ci ty shaLI .i.mme di.at.e Ly notify North- west of each annexation occuring he~eafter,and said Exhibit A shall be appropriately modified.'.' 3.Term of Franchise.,The t erm of this .f r anc h i s e shall commence on the date of this agr eeme rrt and shall"con ti.nue for a period of one year.Said term ~h~ll be'~utomaticallY'~enewed annually thereafter unless either party gives the other party sixty days advance written notice of its intent to amend'or cancel this franchise on an anniversary date.Provided,that the term of this franchise shall be subject to the followirig conditions: A. The term of the franchi~~'for each, individual parcel of property shali:expireiiv~y~ars following the date on which said parcel was annexed into the City of Marysville.The date of such annexation shall be written on Exhibit A.Provided,that by written agreement the parties may extend 'the term of the franchise for specified.p~6perties beyond the five-year period'. B. The franchise ~hall immediat~ly terminate upon the 6xpiration,cancellation or revocation of Northwest's Certificate of Public Convenience and Necessity,as issued by the Washington 'Utilities and Transportation Commission. ~.,This';franchisemay be:revoked for cause at any time by the City Council.Procedures for such revocation are specified in paragraph 9 he10w. ,-1- ,' This franchise shall be non-assignable " D.The City reserves the right to terminate this franchise by purchasing Northwest's rights to the same pursuant to RCW 3SA.14.900. 4.Collection Rates.Collection rates ch~rged by Northwest for the franchlse services shall be subject to approval by the Washington Utilities and Transportatiori Commission,and shall furthe~be subject to determination by the City Council that said rates are reasonable and are being ,administered fairly and equitably.A current schedule of collection rates shall at all times be kept on file with the City Clerk.Upon request of ~n~ member of the City Council,or upon a complaint filed by any customer,the rates shall be subject to review at a public hearing. The procedures for such review shall be those specified in paragraph .9 below. 5.Road Restri~tions.Northwest shall strictly ~omply with any and all street closures"weight limitat{ons or road ,- restriction~which are imposed by th~,Street Superintendent on any public r i.gh t v o f -way pursuant to Chapter 12,28 ,of the Marysville Municipal Code.Provided,that truck route restrictio~s specified in Chapter 11.62 of the Marysville Municipal Code shallnDt apply' to garbage trucks operated by Northwest. 6.Indemnification.Northwest shall indemnify the'City, and hold it harmless from any and all claims or causes of action' (including court costs and attorney's fees incurred in defending against the same)which may arise from the ,~tts or omissions of Northwest,its agents and employees,in connection with services performed under this franchise. 7.Non-Assignable. by No r t hwes t . 8,.'Regulation by Utilities and Transportation Commission': Northwest shall maintain strict compliance with Chapter 81.77 RCN, and all applicable rules and regulations of the Washington Utilities and Transporation'Commission.'Nothing in this franchise shall be construed as excusing such complianc~.In the event that said state laws and regUlations conflict wit~the terms and conditions of this franchise,the more testrictive shall pr~vail. 9.Revocation--Publi'c He a.r i.ng,,.'If Northwest breaches a material term of this franchise,or if ~~ate complaint is filed, as specified in paragraph 4 a~ove,a'public hearing shall be held on said issue before the City Council.~orthwest shall be provided 14 days advance written notice 'af Such hearing.If the City Council finds that the allegationsar,e .suppo r t ed by subs t an tia Lv.ev i d.ence ,it shall enter a written ord~r'iequiring,Northwest to corre~t the situation within thirty days.If No r.thwe s't f a i Ls to comply with ~iid otder this franchise shall ther~upon be revoked. <.,'\ 10.Transition U on Termination'.'':North'v'est';shall provide all customers at,east t ar t y ay s .wr i t t en no ti c'e .b e f or e this franchise for each affected property terminates.Said notice shall state the name and address of-the company o~muniGipa;~ty which :.~.....,~. -2- • will be taking over the garbage service.Such successor company or municipality shall assume no resp~nsibility for collecting delinquent accounts,but shall withhold service from any and all properties which have delinquint accounts with Northwest until the same are paid in full or otherwise satisfied.' 11.Special Contract Services.In addition to the franchise r i ght s granted here in,the City may grant temporary permission for Northwest to perform certain special services for property owners within the City when such services cannot be provided by the City Utility Department.Written permis~iQri for such services must be received from the City Utility Superintendent. The cost of such se~vices shall be borne by the property owner. DATED.this /11:'day of /leo'lt-1981. THE Attest:L~~By_~~CIty Cl . 1981.DATED this 2!f-day NORTHWEST GARBAGE COMPANY,INC hereby acknowledges receipt of the foregoing franchise,and agrees to all terms and conditions thereof. I " , , I 1:'-'-:- .1 J'/, ", -3-