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HomeMy WebLinkAboutReso 1992-16494 NOT APPROVED RESOLUTION NO. 16494 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO GRANT A FRANCHISE FOR REFUSE COLLECTION AND DISPOSAL TO BAY CITIES SERVICES, INC. FOR CHULA VISTA ELEMENTARY SCHOOL FACILITIES. The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Bay Cities Services, Inc., requested that a franchise be granted to it of the character and for the purposes mentioned in the form of notice hereinafter set forth; and, WHEREAS, in the opinion of said Council, the public good requires that consideration of the granting of such franchise be undertaken; and, WHEREAS, the City of Chula Vista wishes to determine the frequency and means of collection. level of service, charges and fees, nature, location, and extent of providing refuse collection within the City; and, WHEREAS, it is in the opinion of this City Council that the public health, safety, and well being require a wholly exclusive franchise without competitive bidding for such services with the exception of the services to be provided under contractual terms and conditions in substantially the form attached hereto; and, WHEREAS, the proposed franchise with Bay Cities Services, Inc. is marked as Exhibit "A", known as document number C092-021, a copy of which is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista intends to consider the granting of said franchise, being the ordinance marked Exhibit "A", or a variant thereof; that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth which the Clerk of the City is hereby directed to publish at least once within fifteen days after the passage of this resolution, in the Chula Vista Star News, a newspaper of general circulation within said City, and that said notice shall be in the following words and figures: NOTICE OF INTENTION TO GRANT FP. ANCHISE NOTICE IS HEREBY GIVEN that Bay Cities Services, Inc. has filed its application with the Council of the City of Chula Vista requesting said Council to grant it a franchise for a period of three years, pursuant to the terms and conditions of Article XII of the Charter of the City of Chula Vista, to collect refuse at Chula Vista Elementary School District facilities in the City of Chula Vista. If said franchise shall be granted to it, said Bay Cities Services, Inc., its successors and assigns, hereinafter designated Grantee, Resolution No. 16494 Page 2 shall during the life thereof pay to said City 8~ of the 9ross annual receipts of said Grantee arisin9 from the use, operation, and possession of said franchise. Said percenta9e shall be paid from April 6, 1992 on a monthly basis. Be9inning April 1, 1993, the franchise fee shall increase one-half of one percent (1/2~) annually throughout the term of the franchise to a maximum of 104. The first monthly payment shall be made on May 1, 1992 and shall be for the period commencin9 April 6, 1992. Subsequent monthly payments shall be made thereafter for the life of the franchise. In the event such payments shall not be made, said franchise shall be forfeited. Said City Council proposes to grant said franchise as requested for a period of three years, from April 6, 1992 or until expiration of the Bay Cities Services, Inc.'s contract with the Chula Vista Elementary School District, whichever is shorter. Notice is hereby further given that any and all persons having any objections to the granting of said franchise may appear before said Council in the Council Chambers of said City at the hour of 6:00 p.m., or as soon thereafter as the matter may be called, on Tuesday, February 25, 1992, and be heard thereon. Notice is hereby further given that at any time not later than the hour so set for hearing objections any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and delivered to the City Clerk of said City and the Council shall at the time set for hearing said objections, proceed to hear and pass upon all protest so made. For further particulars, reference is hereby made to said Exhibit "A", which is the form of franchise ordinance proposed by staff on file in the office of the City Clerk by order of the City Council of the City of Chula Vista. Reference to said form of franchise ordinance shall not preclude the City Council from amending, modifying same, or issuing a completely different franchise. Beverly Ao Authelet, City Clerk Presented and Approved as to form by Bruce M. Boogaard, City Attorney Resolution No. 16494 Page 3 NOT PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of February, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader Rindone NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk