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HomeMy WebLinkAboutORD 1970ORDINANCE NO._Z AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING A FRANCHISE FOR GARBAGE COLLECTION AND DISPOSAL WITHIN A CERTAIN AREA OF THE CITY OF RENTON, WASHINGTON BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, AS FOLLOWS: Section I: Permission and authority are hereby granted unto JAMES GOTTI, d/b/a JIM'S GARBAGE DISPOSAL, subject to the terms and conditions of this Ordinance and the Franchise attached hereto, to render and perform garbage collection service, including disposal thereof, within the area described on the attached map, labeled exhibit "A", which is hereby made a part hereof as if fully set forth; said territory an consisting of/area which has heretofore been annexed to the City of Renton on or about October 11, 1961. Section II: This Franchise is granted to JIM'S GARBAGE DISPOSAL in compliance with R.C.W. 35.13.280 which Franchise is incorporated in this Ordinance and made a part hereof as if fully,set forth herein. This Franchise is granted for a period of five (5) years effective as of the 1st day of October, 1961 and terminating on the last day of September, 1966. Section III: The Grantee of the Franchise, its successors and assigns shall, at fiis own expense, indemnify and save harmless the City of Renton from any and all damages, judgments, cost and expense of every kind which may arise and result by reason of or in consequence of the acts or neglect of the Grantee, his agent, or servants to fully comply with the provisions and terms of this ordinance and the Franchise attached hereto, and will save and keep harmless the City of Renton from any and all damages, judgments, costs and expenses caused by, or incident to, or in any manner resulting from the collection of garbage and its disposal incidental thereto, within the franchised area hereinabove defined. A copy of this Ordinance shall be attached to the Franchise instrument and acceptance of said Franchise by Grantee shall likewise constitute acceptance of the terms and conditions contained herein. Section IV: Nothing in this Ordinance contained shall be construed or taken as preventing the City of Renton, in addition to the regulation of rates as herein defined, whenever it shall be empowered by law so to do, from establishing, fixing -1- prescribing, or otherwise regulating the collection of garbage and its disposal within the area hereinabove defined and covered by the attached Franchise, or cancellation thereof. Section V: In the event that Grantee shall make default in the observance or performance of any one or more of the agreements, duties or obligations imposed upon him by any of the provisions or conditions of this Ordinance or the Franchise and if any such default shall continue for a period of ten (10)days after written notice thereof to the Grantee from the City of Renton, stating the alleged default on the part of the Grantee, then and in each and every such case the City of Renton, in addition to all other rights and remedies allowed by law, shall be entitled to terminate this Franchise made to Grantee in and by this Ordinance, and all rights and privileges of the Grantee under this Ordinance shall thereupon be at an end. Section VI: This Ordinance shall be in full force and effect from and after its passage, approval and publication, and upon the filing with the Clerk of the City of Renton by Grantee, within fifteen (15) days after the passage and approval of this Ordinance, of its written and unconditional acceptance thereof. PASSED BY THE CITY COUNCIL this..l.. -day of JAa-tie, 1962. Helmie Nelson, Ci y Clerk APPROVED BY THE MAYOR this 6 4 day of JA4e, 1962. i F ank Aliment, ayor APPROVED AS TO FORM: Gerard M. Shellan, City attorney The Undersigned, JAIES GOTTI, d/b/a/ JIM GARBAGE DISPOSAL of Renton, Washington hereby accepts all the rights and privileges of the above granted franchise, subject to all the terms, conditions, and obligations contained thereix* Dated this day of 1962. -2- F RA N C H I S E / f 7eq KNOW ALL MEN BY THESE PRESENTS: The City of Renton, a municipal corporation of the second class under the laws and statutes of the State of Washington, hereby grants a permit and franchise unto JAMES.GOTTI, d/b/a JIM'S GARBAGE DISPOSAL of Renton, King County, Washington, for the papose of collecting and disposing of garbage within the areas and territory marked on the attached map, label ed Exhibit "A" which is made a part hereof as if fully set forth herein, said territory. having heretofore been annexed unto the City of Renton as per Ordinance No. 1911, generally known as the Brentwood Addition to the City of Renton, King County, Washington. It being understood that the territory described was, prior to said annexation, located in King County, Washington and covered by a permit issued to the Grantee herein by the State of Washington. 2.This Franchise shall be for a term of five years commencing on the 1st day of October, 1961 and ending on the last day of September, 1966. This Franchise is granted pursuant to requirements of R.C.W. 35.13.280. 3. This Franchise is further conditioned on Grantee rendering satisfactory and adequate garbage collection services within the premises above described and all in strict compliance and conformity with the rates and regulations as specified in City of Renton Ordinances, as amended from time to time, particular reference being made to Chapter 3 of Title VIII (Health and Sanitation) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton". 4. It shall be the sole responsibility of Grantee to bill'the unit served on armonthly basis, provide for collection thereof and take care of all other administrative matters relative thereto; the City of Renton shall in no way be responsible for the collection of any such charges or the collection and disposal of garbage within the area hereinabove described. The City of Renton reserves the right to amend its garbage collection Ordinance from time to time, including rate adjustment and Grantee agrees and covenants to comply with all terms and conditions of the existing Ordinances and any amendments thereto. 5. Grantee further agrees and covenants, effective with the adoption hereof and during the term of said Franchise to pay unto City of Renton a sum equal to five per -1- cent (5%) of the total gross revenue collected by Grantee within the City of Renton and such payments to be made monthly unto the City of Renton. Grantee further agrees to make available unto the City, upon its request, any pertinent records and data relative to such collections and services rendered with the City Limits. w 6. If the Grantee shall at any time fail to promptly and fully comply and conform with any duty or obligation herein imposed, then the City of Renton may, at its option, proceed to perform and execute the same, or cause the same to be performed and executed at the cost and expense of the Grantee, and the City shall further have the right to terminate this Franchise in its entirety upon giving unto Grantee ten (10) days written notice of such failure and of the things required to be done. 7. This Franchise shall become effective upon Grantee filing with the City of Renton a written acceptance thereof within fifteen (15) days from date hereof. Upon the filing of such written acceptance and not before, this Franchis6; its acceptance and the Ordinance of the City of Renton authorizing such Franchise shall constitute and be a contract between the City of Renton and the Grantee, its successors and assigns. Given at Renton, King County, Washington this day of Cc� 1962. CITY OF_N, a munic a1 corporation By Frank A invent, Mayor By ..%C�/7.� Helmie Nelso , City Clerk STATE OF WASHINGTON ) ) ss COUNTY OF KING ) , v On this day of dd / ,-1962, before me personally appeared FRANK ALIMENT and..HELMIE NELSON, to me known t be the Mayor and the City Clerk respectively, of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and,voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed is'the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. N6ary Public �inand for the State of Washington, residing at Renton ACCEPTED BY GRANTEE, JAMES GOTTI, d/b/a JIM`S GARBAGE DISPOSAL of Renton, Washington, this _day mf , 1962. James Gotti