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
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Effective Date: 12/12/16