HomeMy WebLinkAboutResolution No. 6371 (Collection of Recycled Materials)RESOLUTION NO. 6371
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DESIGNATING MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIA-
TION AS FRANCHISEE FOR RECYCLED MATERIALS COLLECTION AND
AUTHORIZING THE EXECUTION OF A CONTRACT WITH MARIN RECYCLING
AND RESOURCE RECOVERY ASSOCIATION FOR THE PURPOSE OF PROVIDING
SERVICES FOR THE COLLECTION OF RECYCLED MATERIALS WITHIN THE CITY
WHEREAS, pursuant to the San Rafael City Charter, Article
III, Section 39, the Council of the City of San Rafael may provide
for the collection and disposal of recyclable materials; and
WHEREAS, the City Council finds that it is in the public
interest and service to promote the general welfare of the City to
establish a recycling and resource recovery program for the
collection, disposal, and recycling of metals, glass, and paper
placed at curbside within the City and that such a program will
benefit all residents of San Rafael; and
WHEREAS, the City Council has adopted an ordinance amending
the San Rafael Municipal Code by adding Chapter 9.18 thereto,
establishing said program and providing for contractual services to
carry out said program; and
WHEREAS, the San Rafael Municipal Code, Chapter 9.18,
Section 9.18.080 authorizes the City Council to designate any
responsible business organization qualified to conduct said recycled
materials collection program as the City's official recycled
materials collector and authorizes the City to enter into a contract
with said designated franchisee for the collection of recycled
materials specifying the term of said contract, rates of collection,
frequency of collection, and other appropriate provisions; and
WHEREAS, the City Council finds that Marin Recycling and
Resource Recovery Association is and has been performing the
collection of recycled materials within the City in a competent and
satisfactory manner and is qualified to conduct said recycled
materials collection program as the City's official recycled
materials collector,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of San Rafael that:
1. The City Council does hereby designate Marin Recycling
and Resource Recovery Association as the City's official recycled
materials collector;
ORIGINAL
RESOLUTION NO. 6371
2. The Mayor and City Clerk are authorized to execute, on
behalf of the City of San Rafael, a contract between the City of San
Rafael and Marin Recycling and Resource Recovery Association by and
through its agent, Marin Sanitary Service, relating to the provision
of recycled materials collection services within the City of San
Rafael, a copy of which is attached hereto and by this reference made
a part hereof.
I, JEANNE M. LEONCINI, City Clerk of the City of San
Rafael, hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted at a regular meeting of the City
Council of said City held on the 16th day of _ August , 1982,
by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:Jensen
ABSENT: COUNCILMEMBERS:None
va
NE M. LEONCINI, City Clerk
The parties hereto are the CITY OF SAN RAFAEL, a municipal
corporation organized and existing under and by virtue of the laws of
the State of California, hereinafter referred to as "City" and MARIN
SANITARY SERVICE, a California corporation, hereinafter referred to
as "Company", as agent for MARIN RECYCLING AND RESOURCE RECOVERY
ASSOCIATION.
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WHEREAS, the parties have heretofore entered into a written
agreement dated June 20, 1966 relating to the collection of all
refuse from within the City, and have amended the same pursuant to
documents dated October 6, 1969, June 24, 1971, May 15, 1972, July 1,
1974, January 17, 1977, January 2, 1 97 9, January 21, 1980, October 6,
1980, and July 6, 1981, and;
WHEREAS, the parties now desire to further amend and modify
said agreement in the respects hereinafter set forth; and
WHEREAS, City has determined that said further amendment and
modification is proper and in the best interests of its citizens; and
WHEREAS, Company, pursuant to the provisions of said
Agreement as amended has requested consent to charge a recycled
materials collection charge for each residential unit located within
the boundaries of City of $.54 per month per residential unit; and
WHEREAS, City acting by and through its City Council has
reviewed in public meeting the financial data and documents presented
by Company in support of its request for such $.54 per month recycled
materials collection service charge; and
WHEREAS, City acting by and through its City Council finds
and deems that said $.54 charge per residential unit for recycled
materials collection is proper and not excessive and is consistent
with comparable charges made in the surrounding communities:
NOW, THEREFORE, it is mutually covenanted, promised and
agreed that the written agreement between the parties dated June 20,
1966 and the amendments thereto dated October 6, 1969y June 24, 1971,
May 15, 1972, July 1, 1974, January 17, 1977, January 2, 1979,
January 21, 1980, October 6, 1980, and July 6, 1981, shall be and the
same are hereby amended and modified in the following manner:
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1. The schedule of rates and services approved by the NINTH
AMENDMENT TO AGREEMENT by and between the City of San Rafael and
Marin Sanitary Service dated the 6th day of July, 1981 is amended by
adding the following language:
Marin Sanitary Service is authorized to charge a sum not to
exceed Fifty Four Cents ($.54) per month for each residential unit
located within the boundaries of the City of San Rafael, whether
single family residential, duplex, apartment, townhouse, or condomin-
ium. Said charge shall be collected only so long as Marin Sanitary
Service, individually or as part of the Marin Recycling and Resource
Recovery Association provides recycling services to the residents of
the City of San Rafael at its present level of service; provided,
however, said rate shall be reviewed at the time the annual financial
reports for Marin Sanitary and Marin Recycling and Resource Recovery
Association are made available to City in 1983.
2. Except as otherwise herein expressly provided, all rates
for services provided by or through Marin Sanitary Service shall
remain unchanged at the rates heretofore authorized by the City
Council of the City of San Rafael.
3. Other than as specifically amended and modified, the
aforesaid agreement between the parties dated June 20, 1966 and the
aforesaid amendments thereto are hereby ratified and confirmed to be
and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereby have executed this
agreement on the I(- rth— day of August, 1982.
ATTEST:
JC"E M. LEONCINI, City Clerk
CITY OF SAN RAFAEL
ge-
LAWRENCE E. MULRYAN, Mayor
MARIN SANITARY SERVICE
Approved as to Form
By
/�C,
IDO D. ZANOTTI, resident
LNUFor and on behal of Marin
6�� Recycling gResource Recovery
WILLIAM T. BULLARD J ., Association
Contract Attorney
For EDMUND A. DUGG , City Attorney