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HomeMy WebLinkAboutORD 1690t ORDINANCE NO. 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: That permission and authority are hereby granted unto JAMES GOTTI, doing business as JIMtS GARBAGE DISPOSAL, located.at 13102 - 86th Avenue South, Renton, King County,.Washington, upon the terms and subject to the conditions of this. Ordinance and the."FRANCHISE„ attached hereto, to render and perform garbage -collection service within the following described area within the City of Renton, to -wit: a. That portion of .the Northeast Quarter of the Southwest.._ Quarter of Section 4, Township 23 North, Range 5'E.W.M., described as: Beginning at the northeast corner of Lot 6, Block 3, cor- rected Plat of Renton -Highlands No. 2 as shown on plat re- corded August 6,- 1956, in Volume 51 of P1ats,.Pages gq-to 47$ inclusive, Records of -King County, Washington; thence south along the east line of said.Correct Plat of Renton. Highlands No. 2 a distance of 3.78.81 feet; thence South 88038t*4011 East a distance of 321.60 feet; thence North 10 10152„ East a distance of 377 feet more .or less to the North line of said NEk of the SWk of Section 4-23-5; thence West along the said North line of the NEk of the.SW]k_of Section 4-23-5 to the Northeast corner of said .Lot 6, being the point of beginning. b. The South 440 feet of the West 990 feet of the Northwest Quarter (NWk) of the.Southeast Quarter (SEk).located in Section 4, Township 23 North, Range 5 East W.M., King County. c. The East one-half (E,',) of the . Southwest Quarter (SW.4) of the Southeast Quarter (SE'k) of Section four (4), Township 23 North,.Range S.'E.W.M., subject to such rates and terms as are specified in the attached "FRANCHISEfl, which Franchise isincorporated in this.Ordinance and made a part hereof as if fully set forth herein. This Franchise -is granted for a period of five years commencing on the 1st day of.Lne, 1957, and terminating on the last day of May;., 1962, all pursuant to the requirements of RCW 35.13.280 (1957 Session Laws of the State of Washington). SECTION II: 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 or -1- 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 of this.Ordi.nance:and the Franchise attached hereto,,andwill save and keep harmless the City of.Renton from any and all damages,. judgments, -cost and:expenses.caused by, or incident to, or in any manner resulting from -the .collectionof garbage and its disposal inci- dental thereto, within the franchised area hereinabove defined. SECTION III; 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, 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 IV: In the event that the Grantee.shall make default in -the observance or performance of any one or more of the agreements, duta:es or obligations imposed upon it by any of .the provisions or conditions of this Franchise,, and if any such default shall continue for a period of 'ten (10) days after written.notice#hereof 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 .the. 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 V: 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 thi.s.Ordinance, of its written and unconditional acceptance thereof. PASSED BY THE CITY.COUNCIL this • day of 1958. E1ton1,..Alexander,,City Clerk ,APPROVED BY THE MAYOR this APPROVED AS TO FORM: Gerard.M..Shellan,,City.Attorney -2- F R A N C H I S E KNOW ALL MEN BY THESE PRESENTS: The City of Renton,. a municipal corporation under the laws of the -State of.Washington, hereby grantsa permit or franchi_se.unto JAMES GOTTI, d/b/a JIM•S GARBAGE DISPOSAL, located at 13102 86th Avenue_South,..Renton,.King County,.Washington, for the purpose.of collection and disposal of garbage within the following described area, to -wit: a. That portion of the Northeast Quarter of -the -Southwest Quarter of Section 4, Township 23.North,,Range S-E.W.M., described as: Beginning at the :northeast corner of Lot 6, Block 3, cor= rected Plat of Renton Highlands No. 2.as shown on.plaX re - 7g, corded August 6, 1956, in Volume 5f.o.f Plats, Pages to W pg� inclusive,.,Records.of King County, Washington; thence .south along the east line of said -Corrected Plat of.Renton Highlands No.. 2 a distance of 378.81 feet; thence South 88038/4014 East a distance of 321.60 feet; thence North 10 10152" East a distance of 377 feet more or lessto the North line of said NEk of the SW'4 of Section 4-23-5; thence West along the said North line of -the NE114 of the.SWk of Section 4-23-5 to the Northeast corner of said Lot 6, being the point of beginning. b. TheSouth440 feet of the .West 990 feet of the Northwest Quarter (NWk) of the Southeast Quarter (SEk).located in Section -4, Township 23,North,.Range 5 East_W.M.,,King.County. c. The East one-half (2) of the. -Southwest Quarter (SWk) of the. Southeast Quarter (SEk) of.Section four (4), Township 23 North, -Range 5 E.W.M., as more particularly is described in City of.Renton .Ordinances No. 1622, 1627 and 1631. This franchise"shall be for the term,of five (5) years..commencing as of airrf_ 1, 1957, and terminating on the last day of <May._ ,. 1962. This franchise is granted pursuant to the requirements of BCW 35.13.280 pertaining to premises heretofore franchised by the -State of Washington unto the Grantee.herein, which premises were atlto the .City of Renton as per the Ordinances above specified. This.franchi.se is further conditioned on Grantee rendering satisfactory garbage.collection service within the premises above described subject to the following rates: Garbage collection up to and including 2 cans, per unit dwelling $ 1.50 per month For each additional can, add per unit .75 per -can Cans from 100 feet to 300 feet from public highway, add per unit .25 per month Cans from_300 feet to 500 feet from public highway, add per unit .50 per month Grantee to provide at least weekly pickup. -1- •, t It shall be the soleresponsibility of Grantee to bill the units served on a monthly basis, and the City of -Renton shall in.no way be responsible for the. collection of :such -rates or the collection and disposal of garbage within .the area hereinabove described. Any adjustment of 'rates. or adoption of .a different method of -collection shall have the prior written approval of the City of.Renton. 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 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 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 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 con- stitute 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 1958. By RENTON, a municipal corporation, oe R. Baxter,- Mayor I/ Elton L. -Alexander, City Clerk STATE OF WASII INGTON) ) ss COUNTY OF KING ) On this day of, ; 1958, before me personally appeared.JOE R. BAXTER and ELTON L. A ER, to me wn to be the Mayor and the City Clerk, respectively, 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 executed said instrument and that the seal ,affixed is the o orate seal of said corporation. GI Y -,under my hand and.official seal e y a ear last bove written. Notary Pu lic_in and for the State of,Washington, residing at_Renton. -2-