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HomeMy WebLinkAbout3028 1 RESOLUTION NO. 3 0 2 8 2 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. 4 5 WHEREAS, R.S.T. DISPOSAL COMPANY INC. ("Franchisee") duly 8 authorized by the City of Auburn ("Franchise Authority") to 7 exclusively perform solid waste collection and recycling 8 services under contract with the City of Auburn; and 9 WHEREAS, on October 28, 1998, Franchisee, Bruce J. Leven, ]0 president and sole owner of R.SoT. DISPOSAL COMPANY, INC., ]] delivered formal notification to the Franchise Authority that ]2 WASTE MANAGEMENT, INC. has entered into an agreement to acquire control of R.S.T0 DISPOSAL COMPANY, INC. The letter 14 served as a formal request for the Franchise Authority to 15 approve WASTE MANAGEMENT's acquisition of control of R.S.T. DISPOSAL, INC., pursuant to Section 6 of the Solid Waste 17 Collection Contract dated December 29, 1982; and 18 WHEREAS, a Stock Purchase Agreement between Bruce J. ]9 Leven, president and sole owner of R.S.T. DISPOSAL COMPANY, 20 INC. and WASTE MANAGEMENT COMPANY, INC. was entered into October 30, 1998; and 22 WHEREAS, WASTE MANAGEMENT COMPANY, INC. acknowledges and confirms its assumption of all obligations of the Franchisee 24 set forth in the Solid Waste Collection and Recycling Services 26 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 7 No. 2199-Addendum II, Resolution No. 2511, Exhibit "A"- 8 Addendum III, and Ordinance No. 4667, Exhibit "A" are all 9 components of the Agreement; and 10 WHEREAS, said Agreement also incorporates Auburn City Code Chapter 8.08 specifically Sections 8.08.010 through ]2 8.08.280 and all agreements, current and future ordinances, resolutions, amendments, addendums and agreements between the 14 Franchisee and the Franchise Authority relating to solid waste ]5 collection and recycling services; and WHEREAS, pursuant to the acquisition of all stock and 17 assets of R.S.T. DISPOSAL COMPANY, INC., WASTE MANAGEMENT ]8 COMPANY, INC. will assume the position of Franchisee and ]9 continue to hold the franchise after consummation of the 20 transactions; and 2] WHEREAS, the parties have asked consent and approval by 22 the Franchise Authority to the transactions. 24 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 5 hereby consents to and approves the transactions to the extent that such consent is required by the terms of the franchise 7 and applicable law, provided that: 8 A. WASTE MANAGEMENT, INC., confirms that the 9 "FRANCHISEE" will continue to be bound by 10 the terms and conditions of the Franchise 11 Solid Waste Collection and Recycling 12 Services Agreement, Chapter 8.08 of the Auburn City Code, specifically Section 14 8.08.010 through 8.08.028 and any 15 amendments thereto; and 18 B. The Stock Purchase Agreement consummated 17 by the parties and approved by the city 18 Council of the city of Auburn shall not 19 contain any material from the facts 20 submitted in the Franchisee's request to 21 the Franchise Authority for consent to the 22 change of control of the Franchise. 24 25 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 3 out the directires of this legislation. 4 DATED and SIGNED this 21st day of December, 1998. 5 6 CITY OF AUBURN 7 8 10 CHARLES A. BOOTH MAYOR 12 ATTEST: 13 14 ~E.~~ 15 ]6 City Clerk ]7 18 APPROVED AS TO FORM: 19 Michael J. Reynolds, 22 City Attorney 23 24 25 26 Resolution No. 3028 December 14, 1998 Page 4 ] APPROVED AND ACCEPTED: 2 4 5 R.S.T. D~OSAL COMPANY INC. 7 9 ]0 ll 12 ]3 WASTE MANAGEMENT, INC. ]4 15 BY: 17 TITLE: 18 19 21 23 24 25 Resolution No. 3028 December 14, 1998 Page 5 k . F * 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