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Home My WebLink AboutORD 2095FOLLOWS: ORDINANCE NO.. v_ O 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 SECTION I: Permission and authority are hereby granted unto WASHINGTON DISPOSAL COMPANY, INC., a Washington corporation, 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 areas deacifbed'on'the,attached exhibit labeled Exhibit "A", which is hereby made a part hereof as if fully set forth herein. Said areas having heretofore been annexed to the City of Renton by Ordinance No. 1663 dated January 14, 1958 as amended by Ordinance No. 1669 dated February 25, 1958, Ordinance No. 1855 dated October 11, 1960, Ordinance No. 1968 dated July 16, 1962 and Ordinance No. 2019 dated March 25, 1963 SECTION II: This perrateston and Franchise is granted to WASHINGTON DISPOSAL COMPM, INC., a Washington corporation, in pursuance of .R:C.W. 35.13.280 which Franchise is incorporated in this Ordinance and made a part hereof as if fully set forth This Franchise is granted for a period of five years effective as of the lst day of March , 1964 and terminating on the last dpy of February ., 1969. SECTION III: The Grantee of the Fraachise,-its successors and assigns shall, at its 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, its agents 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 coodf tions cOntAined Tier-ein. SECTION IV: Nothing in this Ordinance contained shall be construed or taken as preventing the City of Renton whenever it shall be empowered by law to do so, from establishing, fixing, prescribing or otherwise regulating the collection of garbage and its disposal, including the establishment of rates, within the area hereinabove defined and covered by the actacfied Irwxhise, or the cancellation thereof. SECTION W: 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 it 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, and payment unto the City of Renton of all publication charges of said Ordinance. PASSED BY THE CITY COUNCIL this f,45�.day of� 1964. Helmie Nelson, City Clerk APPROVED BY THE MAYOR this .Y&day of 1964. Mayor �►.�.� 14J . APPROVED AS TO FORM: Gerard M. Shellan City Attorney Date of Publication — -2- r SECTION W: 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 it 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, and payment unto the City of Renton of all publication charges of said Ordinance. PASSED BY THE CITY COUNCIL this f,45�.day of� 1964. Helmie Nelson, City Clerk APPROVED BY THE MAYOR this .Y&day of 1964. Mayor �►.�.� 14J . APPROVED AS TO FORM: Gerard M. Shellan City Attorney Date of Publication — -2- F R A N C H I S E KNOW ALL MEN BY THESE PRESENTS: The City of Renton, a.municipal corporation of the State.of Washington, hereby grants a permit and franchise unto.WASHINGTON DISPOSAL COMPANY, INC., a Washington Corporation, for the purpose of collecting and disposing of garbage within the areashereinbelow described, said ares. -raving heretofore been annexed unto the City of Renton as per Ordinance. No. 1663 as amended by Ordinance No. 1669, Ordinance No. 1855, Ordinance No. 1968 and Ordinance No. 2019'and said areas having. heretofore been encompassed in a certain permit or franchise issued to said Washington Disposal Company, Inc., a Washington Corporation,by the State of Washington.`, 2. This Franchise shall be fora term of five (5) years commencing•on the . 1st day of March 1964, and ending on the last day of February 19 69, This Franchise is being granted by the City of Renton unto Washington Disposal Company, j _ Inc., a Washington Corporation pursuant to the requirements of R.C.W.. 35.13.280 and. Grantee, by''accepting this Franchise, hereby warrants that it was the holder.of ,a valid E permit or franchise for garbage collection including the areas heretofore annexed by the City of Renton and as herein more particularly described. 3. This Franchise is further conditioned on Grantee rendering satisfactory n and adequate garbage collect service within the premises hereinbelow describea and all-~': in strict compliance and conformity with the rates and regulations as specified by thele.., Ordinance of the City of Renton, and as same may be amended from time .to time, and as otherwise provided by the laws and statutes of the State of Washington. The areas covered by this Franchise are hereby described as follows:. See Exhibit "A" attached hereto and made a part of this Franchise as if fully set`£orth j . herein,; (Same being the description in Ordinances No. 1663, 1669, 1855,' 1968 and 2019.); 4. It shall be the sole responsibility of Grantee to bill and service the units served by it, on a bi-monthly basis, provide for collection therefor and take .r ' care of all other administrative matters relative thereto and the City of Renton shall'f in no way be responsible for the collection of any said charges or the collection and disposal of garbage within the areas hereinabove described. ` The City of Renton reserves ' the right to amend its garbage collection Ordinance from'time to time and grantee agrees and covenants to comply with all the terms and conditions of said Ordinances.' �p rx.:�.::.t/W.k u'+yY'�dF'r�r'f%."w.+(tr..ES:1�.iLifttifYllft}E�jiff`wffti ADD . - - 7 _ :�r..+rr.r rx.:�.::.t/W.k u'+yY'�dF'r�r'f%."w.+(tr..ES:1�.iLifttifYllft}E�jiff`wffti . - - ,fat 5. �antee further a Tees and covenants, effective -wit h the a4option hereof and during the term of sa Franchise too\p` y unto City 'of Renton a sum equal to eve per cent (5%) of \he otal gross.revenue co h ected•by Grantee within the 6it y/of Renton and suc pay' nts to be made monthly unt the City of Renton. Grafit e furthere/ G J� 'agrees to ke availab a unto the -City, upon its re est, any perti t recon" $nd� d relative to such co lee -tions and services rendered t f h thq City Limits. 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, a the filing of such written acceptance and not before,. this Franchise, its acceptance` and the Ordinance of the City of Renton authorizing such Franchise shall constitute i and be a contract between the City of Renton and the Grantee, its successors and assigns. Given at Renton, King County, Washington this i�&day of 1964. r CITY OF� 9TON, mu is al rporativn'r , Mayor , By D n W. uster ; .� STATE OF WASHINGTON Helmie Nelson, City Clerk, .) _ t, ss y COUNTY OF KING ) t�-�- On this _day of t -<<�— , 1964, before me personally appeareTX ' k. AQ30iNT aqd HELMIE NELSON, toie known to bethe Mayor and the City Clerk of the City of t Renton respectively, g p y, and acknowledged said instrument to be the free and voluntary actand deed of said corporation, for the uses and purposes therein mentioned, and on T„ oath stated that they are authorized to execute said instrument and that the seal affixed „. is the corporate seal of said corporations R; GIVEN under my hand and official seal the day and year last above written. Notaff Public in and for the State of . • .�. Washington, residing at Renton. ATTER BY G E WAS NTONDISPOSAL COMPANY, INC., a Washington 'Corporation this ' day of 1964. t President' rr►5?°�Rs4' - �;.,,� r:a. x fis�t��ruc*�R�,�. Secretary -Treasurer N lv� ul