Resolution No. 96251
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RESOLUTION NO. 9625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON 'TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO CONSOLIDATED DISPOSAL SERVICE,
INC. BY THE CITY OF VERNON PURSUANT TO RESOLUTION
NO. 7664, AS ASSIGNED BY RESOLUTION NO. 9532
WHEREAS, on November 21, 2000, the City Council of the City
of Vernon adopted Resolution No. 7664 approving a Non-exclusive Solid
Waste Franchise Agreement effective November 21, 2000, (the "Franchise
Agreement") with Innovative Waste Control, Inc. ("IWC") for the
collection and transportation of solid waste in the City; and
WHEREAS, on January 22, 2008, the City Council of the City
of Vernon adopted Resolution No. 9532 approving an assignment of the
Franchise Agreement from IWC to Consolidated Disposal Services, LLC
("CDS"); and
WHEREAS, CDS sent the City a Notice of Intent to Abandon the
ISolid Waste Management Non-exclusive Franchise and Request to
Terminate the Agreement ("Notice of Intention") dated May 5, 2008,
advised the City that it no longer wished to operate under the
Franchise Agreement and intended to abandon its franchise to collect
and transport solid waste in the City under the assigned Franchise
Agreement and requested the City Administrator to initiate termination
proceedings pursuant to Section 12.50 of the Vernon City Code, a copy
of said Notice of Intention is attached hereto as Exhibit A and
incorporated by reference; and
WHEREAS, CDS wishes to retain the Solid Waste Management
Non-exclusive Franchise Agreement approved by Resolution No. 7299
approved by the City Council of the City of Vernon on March 30, 1999;
and
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WHEREAS, by letter dated May 21, 2008, the Director of
Health & Environmental Control notified CDS that a hearing to consider
the termination of the Franchise Agreement pursuant to Section 12.50 of
the Vernon City Code was scheduled for June 2, 2008, at approximately
10:00 a.m.; and
WHEREAS, by memo dated May 22, 2008, Lewis Pozzebon, Director
of Health & Environmental Control, recommended that the Franchise
Agreement with CDS, as assigned, be terminated; and
WHEREAS, on June 2, 2008, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time CDS was given an opportunity to be heard;
and
WHEREAS, the City Council of the City of Vernon heard and
considered all evidence, both written and oral, presented in support
and in opposition to the request to voluntarily abandon and terminate
the franchise of CDS as assigned.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon further
finds that all persons have had the opportunity to be heard or to file
written objections to the proposed franchise termination, and having
not heard or reviewed any such oral and written objections, determines
that there are compelling reasons to justify the termination of the
Franchise Agreement approved by Resolution No. 7664, as assigned by
Resolution No. 9532, as follows:
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(i) CDS no longer wishes to operate under the Franchise
Agreement as assigned.
CDS wishes to continue to operate under the Solid
Waste Management Non-exclusive Franchise Agreement
approved by Resolution No. 7299.
CDS intends to abandon its Franchise to collect and
transport solid waste in the City as assigned by
IWC.
(iv) CDS requested the City initiate a termination
proceeding under Section 12.50 of the Vernon City
Code with respect to the Franchise Agreement, as
assigned by IWC.
SECTION 3: The franchise granted to CDS as assigned by IWC
is hereby declared terminated pursuant to Section 12.50(b) of the
Vernon City Code, effective June 2, 2008.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a copy of this
resolution within 30 days of the conclusion of the hearing to:
Consolidated Disposal Service
Attention: Russell F. Dix, Vice President
12949 Telegraph Road
Santa Fe Springs, CA 90670
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any and
all documents necessary for the purpose of releasing the Certificate
of Deposit.
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2nd day of June, 2008.
ATTF ST :
A GIRON, Cit& Clerk
Leonis . Malburg
Name:
Title: Mayor /--M
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9625, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, June 2, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRON, Q'ity Clerk
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EXHIBIT A
CONSOLIDATED DISPOSAL SERVICE
A Subsidiary of REPUBLIC SERVICES, INC.
May 5, 2008
To: Lewis Pozzebon
Director/Health Officer
City of Vernon
Health & Environmental Control Department
4305 Santa Fe Avenue
Vernon, CA 90058
REDEIN/ED
MAY Q 8 200�
HEALTH
DEPARTMENT`
Subject: Notice of Intent to Abandon The Solid Waste Management Non-exclusive
Franchise and Request to Terminate the Agreement
Dear Mr. Pozzebon:
12949 Telegraph Road
Santa Fe Springs, CA 90670
On November 21, 2000, Innovative Waste Control, Inc. and the City of Vernon entered into a
non-exclusive franchise agreement for the collection of solid waste in the City. On January 22,
2008, the franchise agreement was assigned to Consolidated Disposal Service, LLC.
Consolidated Disposal Service, LLC also has a franchise agreement with the City of Vernon and
no longer wished to operate under the former Innovative Waste Control, Inc. franchise agreement
and intends to abandon the former Innovative Waste Control, Inc. franchise to collect and transport
solid waste in the City.
Consolidated Disposal Service, LLC hereby requests that the City Administrator initiate a
termination proceeding for the former Innovative Waste Control, Inc. franchise agreement
pursuant to Section 12.50 of the Vernon City Code.
Signature
Russell F. Dix , Vice President
---� 14,-9
Signature
Frederick P. Freund, Assistant Secretary
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 9, 2008
Mr. Russell F. Dix, Vice President
Consolidated Disposal Service
12949 Telegraph Road
Santa Fe Springs, CA 90670
Re: Termination of the Non -Exclusive Solid Waste Franchise
Dear Mr. Dix:
Transmitted herewith is a copy of Resolution No. 9625 regarding the
above -referenced, which was approved by City Council on June 2, 2008.
If you have any questions regarding this matter, please call Mr. Lewis
Pozzebon, at (323) 583-8811 ext. 229.
7-Very truly yours,
Nell Giron
City Clerk
NG:dr
c: Lewis Pozzebon
Resolution No. 9625
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