HomeMy WebLinkAboutOrdinance #3349 /7/97
ORDINANCE NO. 3349
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
FRANCHISE OF RAINBOW DISPOSAL/RAINBOW TRANSFER AND
RECYCLING COMPANIES TO COLLECT REFUSE
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. The franchise of Rainbow Disposal and Rainbow Transfer and
Recycling Companies to collect refuse within the City of Huntington Beach is hereby
amended. The terms and conditions of the franchise amendment approved by this ordinance
are contained in the Second Amendment to the Franchise Agreement attached hereto as
Exhibit 1 and incorporated by reference herein as though fully set forth in this Section 1.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of April , 1997.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
IE PROVED: INI TED D APPROVED:
oe
City Administrator Director P lic Works
SPIs:PMOrdinance:Rainbow
2/21/97
's
3349
SUPPLEMENT NO. 2 TO REFUSE COLLECTION AND DISPOSAL SERVICES
FRANCHISE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
RAINBOW DISPOSAL AND
RAINBOW TRANSFER AND RECYCLING COMPANIES
5%
This Supplement No. 2 to the Franchise Agreement is entered into this day of
1997, by and between the CITY OF HUNTINGTON BEACH, a California
municipal corporation, hereinafter referred to as "CITY", and the RAINBOW DISPOSAL CO.
INC.joined by RAINBOW TRANSFER AND RECYCLING,INC., both California
corporations,hereinafter referred to collectively as "CONTRACTOR."
WHEREAS, CITY and CONTRACTOR have previously entered into a franchise
agreement, dated February 5, 1990, wherein CONTRACTOR was awarded the right to provide
refuse collection, and disposal services and recycling services to CITY; and
CITY and CONTRACTOR entered into a Supplement No. 1 to the Franchise Agreement
concerning the operation of a solid waste processing facility; and
CITY is considering entering into a flow control agreement with the County of Orange;
and
CITY and CONTRACTOR are desirous of amending the franchise agreement to provide
flow control authority to the CITY;
EXHIBIT 1
1
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3349
NOW, THEREFORE, CITY and CONTRACTOR do hereby agree as follows:
SECTION 1. Upon thirty(30) days written notice, CITY has the right to direct that One
Hundred Percent (100%) of the refuse collected pursuant to this Franchise be delivered to any of
the landfills owned by the County of Orange located within the boundaries of the County.
SECTION 2. This Supplement No. 2 to the Franchise Agreement shall be in full force
and effect and legally binding on the parties hereto from the effective date through the remaining
term of the Franchise Agreement, including any amendments thereto.
Balance of page intentionally left blank.
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SECTION 3. Except as otherwise specifically modified herein, all other items and
conditions of the existing Franchise Agreement to which this Supplement No. 2 is appended shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the
date first above written.
RAINBOW DISPOSAL COMPANY, INC., CITY OF HUNTINGTON BEACH,
a Calfornia corporation a municipal corporation of the
State of California
Mayor
o� /V �
(print name)
Its: (circle one)Chairman/Presiden ice President ATTEST:
By: f/ City Clerk 1,1fy3 ' 7
APPROVED AS TO FORM:
(print e)
Its: (circle one Secret VChief Financial Officer/ t
Asst.Secretary-Treasurer ' � , City Attorney f
RAINBOW TRANSFER AND RECYCLING, INC.,
a California corporat' IN TED AND APPROVED:
BY:
Dir ctor of Public Works
(print pregilycn
REVIEWED D APPROVED:
Its: (circle one Chairrnice President
BY: V City Administrator
S�V tJ -
(print name)
Its:(circle one) ecre Chief Financial
Officer/Asst.Secre -Treasurer
3
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RLS 97-042
2/14/97-#3
Ord. No.3349
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 17th of March, 1997, and was again read to
said City Council at a re ular meeting thereof held on the 21st of April, 1997, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
1,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
4 �
1997
City Clerk and ex-officio Cler
In accordance with the City Charter of said City of the City Council of the City
Connie Brockway City Clerk of Huntington Beach, California
& eputy City Clerk
G/ordinanc/ordbkpg
4/23/97