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HomeMy WebLinkAboutOrd 1985-2104 Revised 2/28/85 ORDINANCE NO. 2104 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 1993 EXTENDING CHULA VISTA SANITARY SERVICE'S FRANCHISE TO COLLECT AND DISPOSE OF REFUSE WITHIN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 3, 4, 9 and 11 of Ordinance No. 1993 are amended to read as follows: Section 3. Term. The franchise term shall be extended for the term of five (5) years from and after the current termination date of September 4, 1987 or until the state or some municipal or public corporation duly authorized by law shall purchase by voluntary agreement all property actually used and useful in the exercise of said franchise, or until said franchise shall be forfeited for noncompliance with its terms as provided herein. In addition, the grantee shall have two five-year renewal options if the grantee is not in breach of this ordinance and has performed in the manner found satisfactory by the City. The five-year extension and the two five-year options are conditioned upon the grantee constructing a new operating service facility within the City of Chula Vista within fifteen (15) months of the adoption of this ordinance. Said facility including land and improvements to cost approximately ~1.5 million. During such term, grantee shall have the exclusive right to collect and dispose of all refuse created, accumulated or produced within the City of Chula Vista. Section 4. Consideration. The grantee of said franchise shall during the term thereof pay to the City four and one-half percent (4-1/2%) of the gross annual receipts of said grantee. City is authorized to increase said fee up to a maximum amount of ten percent (10%). Beginning April 1, 1986, the franchise fee shall be increased by one-half percent (1/2%) and one-half percent (1/2%) each year thereafter until it reaches a maximum of ten percent. It is understood that any increase in the franchise fee by the City shall be cause for the grantee to increase charges in order to "pass through" the cost of the franchise fee. Section 9. Rates for Collection. City and grantee mutually agree that the initial rate to be paid by the residents, industrial and commercial enterprises in the City of Chula Vista, shall be those as presently established by Resolution No. 11911, adopted on January 22, 1985. The City Council of the City of Chula Vista may at any time, by amending Chapter 8.24 of the Chula Vista Municipal Code, establish a program for preferential rates for senior citizens or other classifications which are deemed to be in the public interest. Beginning on April 1, 1986, grantee may, upon filing a notice of intention forty-five (45) days in advance with the City Manager, increase rates subject to the following conditions and limitations: (1) The amount of the increase shall be limited by the percentage increase since grantee's last rate increase in the San Diego area Consumer Price Index for all urban consumers as compiled by the United States Department of Labor Bureau of Labor Statistics for the latest twelve-month period for which statistics are available. In no event shall the amount of the increase exceed six percent (6%) of the service rates. (2) In the event that the Consumer Price Index referred to in Paragraph (1) above shall no longer be published, then another similar generally recognized index may be substituted upon approval of the City. (3) Annual increases shall be subject to the review and approval of the City Manager. The City Manager shall notify grantee in writing of approval of the increase within twenty (20) calendar days of receipt of accurate and complete information satisfactorily supporting any increase requested in accordance with Paragraph (1) above. -2- The City Council shall have the unilateral right to require a hearing for any rate increase at its discretion. If the City intends to require a public hearing, it shall notify grantee within said twenty (20) day period. In the absence of any written communication from the City Manager or Council within said twenty (20) days to the contrary, the increase is deemed approved. (4) No more than one such increase may be implemented in any one calendar year although grantee shall have at any time the right to submit a request to the City Council for additional rate relief at any time extraordinary expenses are incurred. (5) Where landfill charges are increased, grantee shall notify City of its intention to "pass through" said costs thirty (30) days prior to increasing its rates. The City Council shall have the option to require a public hearing on this increase at its discretion. If the City does not notify grantee of its intention to require a public hearing within the thirty (30) day notice period, grantee is authorized to increase rates. SECTION 11. Hold Harmless. Grantee of the franchise granted hereby shall indemnify, save and hold harmless, City and any officers and employees thereof against and from all damages, judgments, decrees, costs and expenditures which City, or such officer or employee, may suffer, or which may be recovered from, or obtainable against City, or such officers or employee, for, or by reason of, or growing out of or resulting from the exercising by Grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Grantee or its servants or agents in exercising the franchise granted hereby, and Grantee shall defend any suit that may be instituted against City, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by Grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Grantee, or its servants or agents, in exercising the franchise granted hereby. This hold harmless clause shall apply to any extension of the franchise. -3- SECTION II: That a new Section 20 is added to Ordinance No. 1993 to read as follows: Section 20. Special Events. Grantee agrees to cooperate with the City in carrying out special events to improve community appearance. SECTION III: This ordinance shall take effect and be in full force on the thirty-first day from and after its adoption. Presented by Approved as to form by John/~. Goss, City Manager T omas J.~PI~. , City 0035a -4- FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C ' OF CHULA VISTA7 CALIFORNIA7 HELD February 26 , 19 85 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD March 5 19 85 , BY THE FOLLOWING VOTE7 TO-WIT: AYES: Councilmen Malcolm, Moore, Cox NAYES: Councilmen McCand 1 i s s A 8STAI N: Councilmen s co t t ABSENT: Councilmen None Mayo~of~e City of Chula Vista ATTEST .'-r-.: 7/~/C/-~ty L '  Clerk 5,~FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true ond correct copy of OI~DIN]~NCE NO. 2104 ,and that the some hos not been omended or repeoled. DATE D (seal) City Clerk CC-660 ORDINANCE NO. 2104 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 1993 EXTENDING CHULA VISTA SANITARY SERVICE'S FRANCHISE TO COLLECT AND DISPOSE OF REFUSE WITHIN THE CITY OF CHULA VISTA By a vote of 3 to 1 (Councilwoman McCandliss voted 'no" and Councilman Scott abstained), the Council placed the ordinance on second reading and adoption at the meeting of March 5, 1985. Basically, the ordinance stipulates: (1) term of the agreement is extended five years with two additional five-year options if service is performed satisfactorily; (2) franchisee guarantees construction of a new operating service facility within the City within 15 months; (3) annual rate increases will not exceed the San Diego Area Consumer Price Index up to a limit of 6% annually; (4) during the life of the agreement, a gradual increase in the franchise fee will be programmed; (5) CVSS will cooperate with the City on special cleanup projects mutually agreed to by the two parties. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, CA. Dated: 3/6/85