HomeMy WebLinkAbout3028 1 RESOLUTION NO. 3 0 2 8
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
3 COUNTY, WASHINGTON, APPROVING THE CHANGE OF CONTROL OF THE
SOLID WASTE COLLECTION AND RECYCLING SERVICES FRANCHISE.
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5 WHEREAS, R.S.T. DISPOSAL COMPANY INC. ("Franchisee") duly
8 authorized by the City of Auburn ("Franchise Authority") to
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exclusively perform solid waste collection and recycling
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services under contract with the City of Auburn; and
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WHEREAS, on October 28, 1998, Franchisee, Bruce J. Leven,
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president and sole owner of R.SoT. DISPOSAL COMPANY, INC.,
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delivered formal notification to the Franchise Authority that
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WASTE MANAGEMENT, INC. has entered into an agreement to
acquire control of R.S.T0 DISPOSAL COMPANY, INC. The letter
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served as a formal request for the Franchise Authority to
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approve WASTE MANAGEMENT's acquisition of control of R.S.T.
DISPOSAL, INC., pursuant to Section 6 of the Solid Waste
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Collection Contract dated December 29, 1982; and
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WHEREAS, a Stock Purchase Agreement between Bruce J.
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Leven, president and sole owner of R.S.T. DISPOSAL COMPANY,
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INC. and WASTE MANAGEMENT COMPANY, INC. was entered into
October 30, 1998; and
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WHEREAS, WASTE MANAGEMENT COMPANY, INC. acknowledges and
confirms its assumption of all obligations of the Franchisee
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set forth in the Solid Waste Collection and Recycling Services
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Resolution No. 3028
Dece~er 14, 1998
Page 1
] Agreement between the Franchisee and the Franchise Authority;
2 and
3 WHEREAS, the Solid Waste Collection and Recycling
4 Services Agreement includes by reference, Ordinance No. 2246,
5 Resolution No. 1151, Resolution No. 1271, Resolution No. 1393,
6 Ordinance No. 3842, Resolution No. 1930-Addendum I, Resolution
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No. 2199-Addendum II, Resolution No. 2511, Exhibit "A"-
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Addendum III, and Ordinance No. 4667, Exhibit "A" are all
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components of the Agreement; and
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WHEREAS, said Agreement also incorporates Auburn City
Code Chapter 8.08 specifically Sections 8.08.010 through
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8.08.280 and all agreements, current and future ordinances,
resolutions, amendments, addendums and agreements between the
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Franchisee and the Franchise Authority relating to solid waste
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collection and recycling services; and
WHEREAS, pursuant to the acquisition of all stock and
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assets of R.S.T. DISPOSAL COMPANY, INC., WASTE MANAGEMENT
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COMPANY, INC. will assume the position of Franchisee and
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continue to hold the franchise after consummation of the
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transactions; and
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WHEREAS, the parties have asked consent and approval by
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the Franchise Authority to the transactions.
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Resolution No. 3028
Dece~er 14, 1998
Page 2
1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
2 KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED,
3 HEREWITH RESOLVES AS FOLLOWS:
4 Section 1. The City of Auburn as the Franchise Authority
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hereby consents to and approves the transactions to the extent
that such consent is required by the terms of the franchise
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and applicable law, provided that:
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A. WASTE MANAGEMENT, INC., confirms that the
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"FRANCHISEE" will continue to be bound by
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the terms and conditions of the Franchise
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Solid Waste Collection and Recycling
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Services Agreement, Chapter 8.08 of the
Auburn City Code, specifically Section
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8.08.010 through 8.08.028 and any
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amendments thereto; and
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B. The Stock Purchase Agreement consummated
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by the parties and approved by the city
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Council of the city of Auburn shall not
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contain any material from the facts
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submitted in the Franchisee's request to
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the Franchise Authority for consent to the
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change of control of the Franchise.
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Resolution N0. 3028
December 14, 1998
Page 3
1 Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
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out the directires of this legislation.
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DATED and SIGNED this 21st day of December, 1998.
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CITY OF AUBURN
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10 CHARLES A. BOOTH
MAYOR
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ATTEST:
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14 ~E.~~
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]6 City Clerk
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APPROVED AS TO FORM:
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Michael J. Reynolds,
22 City Attorney
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Resolution No. 3028
December 14, 1998
Page 4
] APPROVED AND ACCEPTED:
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5 R.S.T. D~OSAL COMPANY INC.
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ll
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]3 WASTE MANAGEMENT, INC.
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BY:
17 TITLE:
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Resolution No. 3028
December 14, 1998
Page 5
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Xfi*
BU~:N* WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000
RGCEI!9 ED
May 12, 2009
Mr. Terry Bickel
South Sound District Manager
Waste Management
P.O. Box 1877
Auburn, WA 98001
MAY 15 2009
CIZY OF aUBUR1~
~ITY cL~RKs aFFr~~
~AY 15 2009
CITI OF AUBiJRPf
LEGkL DEPARTMEMI`
RE: Notice of extension to City of Auburn Solid Waste Collection Contract
Dear Mr. Bickel:
In accordance with Section 1 of the Solid Waste Collection Contract between the City of Auburn
and Waste Management, notice is hereby given of the City's exercise of a second two-year
extension of the original contract. The first extension was effective January l, 2009, and expires on
December 31, 2010. This second extension is effective January 1, 2011 through December 31,
2012. This extension shall be under the original terms and conditions of the current contract.
Mayor
cc: Dan Heid, City Attorney
Dani Daskam, City Clerk
Shelley Coleman, Finance Director
Joan Clark, Solid Waste & Recycling Coordinator
AUBURN'k MORE THAN YOU IMAGINE