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Home My WebLink AboutORD 1952t i s a � • � 4 t rt- s a � • � 4 ORDINANCE NO.Z� OG AN ORDINANCE OF THE CITY OF RBNTON, VASHINGTON, 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 BRYN MAFR 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 area described on the attached map, labeled Exhibit "A" which is hereby made a part hereof as if fully set forth; said territories consisting of areas heretofore annexed by the City of Renton as per Ordinances No. 171.3, 1745 As Amended 1789, 1791 As Amended, 1795, 1796, 1818, 1821, 1822, 1823, 1828, 1835, 1.836, 18+2, 171, 1909, 193-1. Section II: This Franchise is granted to the 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 as if fully set forth herein. This Franchise is granted for a period of five (5) years commencing on the 1st day of Jazmar-y,- 1950 and terminating on the last day of December, 1964. 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 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 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 hereiin.. 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 1�w 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: 6n 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 pAccage, 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 & day of Nimb 1962. 14r1� / Helmie Nelson, City Clerk 444d APPROVED BY THE MAYOR this� y da of Ueweh, 1962. Frank Aliment, Mayor APPROVED AS TO FORM: Gerard M. Shellan, City Attorney ACCEPTED BY GRANTEE., BRYN MAWR DISPOSAL COMPANY INC.., a Washington Corporation this_&%,.Aay of April, 1962. -' B P esid�nt By Secretary -2- FRANCHISE 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 BRYN MAWR DISPOSAL COMPANY, INC., a Washington Corporation, King County, Washington, for the purpose of collection and disposal of garbage within the areas and territory marked on the attached map, labeled Exhibit "A" which is made a part hereof as if fully set forth herein, the territories therein described having heretofore been annexed unto the City of Renton as per Ordinances Nos, 17+3, 174.5 As Amended, 1789, 1791 As Amended, 1795, 1796, 1818, 1821, 1822, 1823, 1828, 1835, 1836, 1842, 1871, 1909 and 1911. The territories described in the afore- saidOrrdinances were, prior to said annexations, located in King County, State of Washington, and covered by permit issued to said BRYN MAWR DISPOSAL CCMPANY, INC., by the State of Washington. This Franchise shall be for a term of five years commencing as of the lst day of January, 1960 and terminating on the last day of December, 1964. This Franchise is granted pursuant to requirements of R.C.W. 35.13•280• This Franchise is further conditioned on Grantee rendering satisfactory and adequate garbage collection services within the premises above described and located within the City limits of the City of Renton and in strict compliance and conformity with the rates and regulations as specified in City of Renton Ordinances No. 1910 and 1888, and as further specified in Chapter 3 of Title VIII (Health and Sanitation) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" particular reference being made to Section 8-309 thereof. It shall be the sole responsibility of Grantee to bill the unit served on a monthly basis, provide for collection thereof and to 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 rates 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 Ordinance and any amendments thereto. 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 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 within the City Limits. If the Grantee shall at any time fail to promptly and fully conform and comply 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 upon giving unto Grantee ten (10) days written notice of such failure and of the things required to be done. 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 Franchise, 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, thi.52B—A ay of Mereh, 1962. CIl'Y OF ON, a mun c al corporation By / , Frank Aliment. Mayor By Helmie Nelson, City Clerk STATE OF WASHINGTON � ss COUNTY OF KING ) p On this 'qday of � 1962, before me personally appeared FRANK ALIMENT and HELM NELSON, to me known to be the Magor and the City Clerk respectively, -2- of the municipal 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. Notary Public in and for the State of Washington, residing at Renton. ACCEPTED BY GRANTEE, BRIM MAWR DISPOSAL CCH PANY, INC., a Washington Corporation this day of VAweh,, 1962. By Secretary -3- 1 of the municipal 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. Notary Public in and for the State of Washington, residing at Renton. ACCEPTED BY GRANTEE, BRIM MAWR DISPOSAL CCH PANY, INC., a Washington Corporation this day of VAweh,, 1962. By Secretary -3-