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Ordinances: 678

Ordinance Number

678 

Ordinance Subject

Amending the Franchise Agreements with University Place Refuse, Inc. and Harold Lemay Enterprises, Inc. to streamline the implementation of contractually required rate adjustments

Date Adopted

12/5/2016 

Repealed By

 

Amended By

 

Ordinance

ORDINANCE NO. 678

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING THE FRANCHISE AGREEMENTS WITH UNIVERSITY PLACE REFUSE SERVICES, INC., AND HAROLD LEMAY ENTERPRISES, INC. (DBA LAKEWOOD REFUSE) TO STREAMLINE THE IMPLEMENTATION OF CONTRACTUALLY REQUIRED RATE ADJUSTMENTS

 

 

WHEREAS, the City of University Place has established a solid waste utility; and

 

WHEREAS, the City contracts with University Place Refuse Services, Inc. to provide solid waste services within University Place under an existing Franchise Agreement, and has granted a franchise to Harold LeMay Enterprises, Inc. (DBA Lakewood Refuse) to continue to provide solid waste services in areas it served prior to incorporation; and

 

WHEREAS, the Franchise Agreements contain certain automatic annual rate adjustments; and

 

WHEREAS, the City, University Place Refuse Services, Inc., and Harold LeMay Enterprises, Inc. (DBA Lakewood Refuse) desire to amend the Franchise Agreements to streamline the implementation of such contractually required rate adjustments; and

 

WHEREAS, this clarification does affect any material term of the Franchise Agreements;

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES ORDAIN AS FOLLOWS:

 

Section 1.   Amendment of Agreements.  Section 17.3.3 of the Franchise Agreements with University Place Refuse Services, Inc., and Harold LeMay Enterprises, Inc. (DBA Lakewood Refuse) are hereby amended as described in Exhibits A and B.

 

Section 2.   Severability.  If any one or more sections, subsections or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect.

 

Section 3.   Effective date.  A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City.  This Ordinance shall take effect five days after publication.

 

            PASSED BY THE CITY COUNCIL ON DECEMBER 5, 2016.

 

 

 

                                                                                                ________________________________
Javier H. Figueroa, Mayor

 

 

ATTEST:

 

 

_________________________________

Emelita Genetia, City Clerk

 

APPROVED AS TO FORM:

 

 

_________________________________ 

Steve Victor, City Attorney

 

Published:  12/07/16     

Effective Date:  12/12/16

Council Minutes

Regular Council Meeting Minutes-20161205-0722 

OrdinanceID

Ordinance :678-19011108-678 
Attachments
678-Exhibit A.pdf    
678-Exhibit B.pdf    
Content Type: Ordinance
Created at 12/6/2016 7:38 AM  by Emelita Genetia 
Last modified at 1/4/2017 7:23 AM  by Emelita Genetia