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HomeMy WebLinkAbout1992-3445 Yakima Waste Systems, Inc. 411 ORDINANCE NO. 34 AN ORDINANCE authorizing the assignment of a franchise to collect and dispose of garbage and refuse on certain public streets in the City of Yakima from Yakima Valley Disposal, Inc., to Yakima Waste Systems, Inc. WHEREAS, the City Council for the City of Yakima passed Ordinance No. 3220 on November 7, 1989, which granted a fran- chise for garbage and refuse collection in certain areas of the City of Yakima under terms and conditions expressed in that ordinance and its incorporated Franchise Agreement, hereinafter together referred to as Ordinance No. 3220; and WHEREAS, Yakima Valley Disposal, Inc., desires to assign the franchise created by Ordinance No. 3220 to Yakima Waste Systems, Inc., a Washington corporation; and WHEREAS, the Director of Public Works and the Manager of the Refuse Division have investigated the credentials of the proposed assignee, Yakima Waste Systems, Inc., and recommend the approval of the assignment, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima hereby approves the as- signment of the franchise created by Ordinance No. 3220 to Yakima Waste Systems, Inc., a Washington corporation, assign- ee, subject to the terms and conditions of this ordinance. Section 2. This ordinance shall be in full force and effect 60 days after its passage, approval, and publication as provided by law and by the City Charter. Provided further, that this ordinance shall not become effective until its terms are accepted in writing by the assignee as provided below, and said assignee has provided to the Director of Public Works or his designee proof of compliance with all the requirements of - 1 - (ord /yakwaste.jv) City of Yakima Ordinance No. 3220, including but not limited to, liability insurance, performance bond, proof of Washington Utility and Transport Commission licensing, a letter of cred- it, and a personal guarantee of the principal stockholder of Yakima Waste Systems, Inc. Compliance with the terms of this section shall be evidenced by the signature of the Public Works Director or his designee on the Public Works Director Certificate of Compliance which appears below. Section 3. Yakima Waste Systems, Inc., shall have 60 days from the passage of this ordinance to comply with all of its terms and conditions. In the event that Yakima Waste Systems, Inc., has not consented in writing to the terms of this ordinance, and otherwise complied with the requirements of this ordinance as evidenced by a Certificate of Compliance herein, this ordinance shall be void and of no effect. Section 4. In the event this ordinance becomes effec- tive, the performance or cash bond and the letter of credit issued by the assignor, Yakima Valley Disposal and /or George Solomon, shall be terminated provided that there be no claims or potential claims against such bond and letter of credit. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of April , 1992. Qa >' �n Mayor ATTEST City Clerk Publication Date 4/10/92 410 - (ord /yakwaste.jv) . r • Yakima Waste Systems, Inc., hereby accepts and assumes all the terms and conditions of City of Yakima Ordinance No. 3220. YAKIMA WASTE SYSTEMS, INC. i By Its: ' I /%/ Dated , % Personal Guarantor, A. J. Segale, in his individual capacity and as the individual controlling shareholder of Yakima Waste Systems, Inc. X , A. J.rGALE/ PUBLIC WORKS DIRECTOR CERTIFICATE OF COMPLIANCE I, Jerry D. Copeland, hereby certify that Yakima Waste Systems, Inc., and its Personal Guarantor, A. J. Segale, have complied with all of the terms and conditions of this ordinance and Ordinance No. 3220 with its attached Franchise Agreement. 1" J D. SPELAND Dated STATE OF WASHINGTON ) ss. County of Yakima On this 110 —tis. day of , 1992, personally appeared before me (.,. . ,�M • , known to me to be the president of Yakima W$$te S terns, Inc., who signed the 41/ C1TY ACT � 1 r...‘ 3 - 3 - (ord /yakwaste.jv) foregoing as his /he.g. free and voluntary act in his /fir corpo- Ell rate capacity. Dated this 145 day of , 1992. ' 411110 4 .., _,, _ ,,,,, ,__. ,. A N „;' ' ' <, , ° otary public in and and for the ■ /l.,,,ri �_ :tat` of Washington, residing ' ' u? , p; commission expires C( "Q'Q , - N . „ . C 0 F V.1 -= STATE OF WASHINGTO --- ) ss. County of Yakima ) • On this __ day of 1992, personally appeared before me A. J. SEGA E, known to me to be the individual who signed the foregoing as his free and voluntary act. Dated this )0 day of , 1992. CV? \ C11..___ JO C:)JLa_4?..-. 411 / 6 O9\NotarYkPubicinar1d �; , State of Washington, residing 4 . .,) o t,1 (, = at Y0.,IQ VA'' ,,., , J My commission expires q -rl'`ct s III - 4 - (ord /yakwaste.jv)