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HomeMy WebLinkAboutORD 2096ORMINANCE NO. 2-0 AN ORDINANCE OF THE CITY OF RENTON, WASHIN;TON, ' GRANTIM A FRANCHISE FOR GARBAGE COLLECTION AND DISPOSAL WITHIN A CERTAIN AREA OF TW CITY OF RENTON, WASHINGTON, UNTO BRYN MAWR DISPOSAL COMPANY, INC. 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 BRYN MAWR DISPOSAL COMPANY, Inc., a Washington Corporation, subject to the terms and oondi- tions of this Ordinance and the Franchise attached hereto, to render and perform garbage collection service, including disposal thereof, within the following described area, to-wit.- Lots o wit: Lots 5 and 8, Block 2, together with Lots 1 and 2, Block 3, C. D. Hillmans Lake Washington Garden of Eden No, 7, as recorded in Volume 16 of Plats, Page 18, records of Icing County, Washington; together with that portion of 11Oth Avenue Southeast (Lake View Avenue), as platted according to the above plat, lying between the south line of Southeast 80th and the easterly extension of the south line of Lot 2, Block 32 of said sub -division; together with a portion of Southeast 83rd Street adjoining; also together with a portion of 109th Avenue Southeast lying easterly of the southerly extension of the westerly line of said Lot 8. All situate in Renton, King County, Washington, which area has heretofore been annexed unto the City of Renton, on or about the 10th day of February, 1964, as per City of Renton Ordinance No. 2079. SECTION II: This Franchise is granted unto BRYN MAWR DISPOSAL COMPANY, INC. in compliance with R.C.W. 35.13.280, which Franchise is incorporated in this Ordinance and made a part hereof asif fully set forth herein. This Franchise is granted for a period of five (5) years commencing on the 1st day of May, 1964, and terminating on the last day of April, 1969. ,f SECTION III: The Grantee of the Franchise, its successors and assigns shall, at its own expense, indemnify and save harmless the City of Renton from any and all t 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 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. -1- SECTION IT: 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 definedb whenever it shall be empowered by law so to•do., fr m establishing, fixing, 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 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 ell 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, a;3proval 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 1_4<�day of"Arpr �'1964. BEL24IE NELSON, City Clerk APPROVED BY THE MAYOR this 9� day AF''R= AS TO FORM: '. v� arca ii, Shellan, My Attorney DATE OF PUBLICATION:gh a C f----- -2- Apvi1, 1964. . V V V 11J1L, I. FRANCHISE KWX ALL MN BY `SSE PRESEM s This City of Renton, 4 Municipal ci pal Corporation of the State of Washington, . hereby .grants. a 'permit and franchise unto BRYN MAWR DISPOSAL COMPA Kv .a Wasshi.rgion Corporations for tbapurpose of collooting and disposing of garbage wi.thi.n . the area.! horei.nbelow described, said area,:; having here- . totm been annexzd unto the City, of Renton as per Ordinance No. 2079 under date of February 10, 1964, and said $area; havi.r g 'heretofore been oncoupoLeved in a certain permit or franchise issued to said BRYN XW DISPOML COMPANZ, by the State of Washington. 2. This Fftnchise shall be for a period of five (5) Years coneencins on tho lot day of ftxt 1964, and texminati ng on the last dayr of April, 1969. Thin Franchise Is being granted by the City of Renton =to BM YAWR BISPC S"L COVANY, a Washington CorpoMticm, pursuant to the requiremento of R.C.W. 35.13,280 and Grantees, by acecepting this Franchise, herby warrants that it we the holder of a valid and Uvfully issued permit or franobise for garbage collection Inoluding the am heretofore awe=d by the City of Renton asci as +vas•* particularly described hureinbolm. 3. This Franchise is further conditioned on grantee rendering satisfactory and adequate garbage coMati.on serrvies within the preys hereinbelow described and all in sitriot coVlUnce and oonforsAty with the rates and regulations as specified by the Ordinances of the City of Remtons and as saw v yr be amendod from tams to time,, and as otherwise provided by the laws and statutes of the State of W"hi ngton. The area covered by this Fra +e is hereby described as followei Lots 5 and 86, Biock 2, together with Lots 1 and 21 Block 3, C.H. Hil'heass s Leks Washington Garden of Edi No. 7 as recorded in Volume 16 of Plats, Page 18, records of Ring County, Wasxhingtoni together with that portion of 110th Avenue Southeast (Lake "view Avemve), as platted *ocardiiig to the above plat,. lying between the south lines of Southeast 60th and t3e,► easterly extension of the south line of Lot 2, Bock 3 of said snob-div#.sionj together with a portion of Southeast 63rd Street 9djaAU9j also together with a portion of 109th Avenue Southeast laying easterly of the southerly extension of the ve terly Jim of said Lot 8. All sNitoate: in Renton, King Constyt Washington$ (as "hexed by the City of Renton, Ordinate No, 2079.) L. It $hall be the sale r+esponsibA.Uty, of Grantee to bill and service the unit* served by it, on a bi-southly basis.0 provide for collection thereof, and take care of all other Administrative matters relative them and the City of Renton shall in no way be responsible for the collectitm of any said charges crr the tollootion and disposal, of garbage within the area, hereinabove dascribod. Tho City of Fenton reserves the right to a=?A its garbage collection Ordinance from tim to time and grantee agrees and a oven&nts to cmiply with an the termsandconditions f * 1 V rdIiJl.lsico i 5. Grantee further agrees and covonantap effective: with the adoption herwf and during the term of odd Franchise to pay unto The City of Rentona. sum equal to fav* per wnt (5%) of the total.. gross revel a<oneeted by Grantee within the City of Renton and such pa amts to be wde ma& aly unto the City of Renton, Grantees further agrees to make availl blo unto the City, ups -its reeque.st$ any pertinent records and data relative, to such collections and swrices rendes v=n the City Limits. 6. If the Grantee shall at any tine fail to promptly and frilly co a],y and conform with any duty or obUgati.on herein imposed., then the City of Renton may, at its options proceed to perform and ezecate the same: or cause the same to be performed and emcutead at the cost and ease of the Grantee,, and the City sbs-U further have the right to terAinate this Franohlaa in its entirety upon ,giving unto Grantee ten (10) days written notice of such failure and of the things requirod to be done. 7. This Franchi s* sban beer effective upon Grantee, filing with the City of Menton a written acceptance thereof within fifteen (15) days' from date hereof. Upon the filing of such written acceptance end not before, thi.et Franchises its acceptance and the Ordinance, of the City of Renton authorizing such Franchise shOl constitute and be a contract between the City of Renton and the Grantee., its successors and .assigns. Grantee agrees to pay the publication cost for the Ordinance pertaining to this FranOi.se. GIS at RentonCounty,ton dais , '' �, 4 1 . b H �� s � CITY OF NTON, a ct?al C ation 'to W» MMS, Myor STATE OF WASFd NMN } By# / } ss.HKLMIE MUSON.4 City Clerk COU'4VT7: OF KING �} 3n this day of4 19+��„ beforeme persony appeared IIOPtA1�i7 W. Com' I% and =ME NELWN;--to am known to be the Mayor and the City Clerk of the City of Renton,, respoctivelyo and acknowledged said instrument, to be the free and voluntary act and did of id corporation, for the wea and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed Is the corporate ;peal of said corporation. GIM ander my hand and offiei al seal the dap and year last above written. (SUL) Ui;�ancr the State of Washington,$ reelding at Renton. ACCEPTED BY tdRANTBxa B&YN MAWR DISMSAL COMPQY2 a this 7—