HomeMy WebLinkAbout1825 ORDINANCE NO. 1825
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, GRANTING AN EXCLUSIVE SOLID WASTE
MANAGEMENT SERVICES FRANCHISE TO PALM
SPRINGS DISPOSAL SERVICES, A CALIFORNIA
CORPORATION. A6378.
City Attomey Summary
The City Charter and the City's Municipal Code provides the City Council
with the authority to decide the level of solid waste services to be provided to
the City and whether such services are to be provided by means of
nonexclusive, partially exclusive, or wholly exclusive franchise, contract, or
license granted pursuant to such terms and conditions as prescribed by the
City Council. This Ordinance grants an exclusive franchise to Palm Springs
Disposal Services to provide collection, transfer, and disposal of solid waste
and related services, including without limitation, source reduction, recycling,
and composting activities. The franchise is for a term of 15 years,
commencing on April 1, 2014.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing solid waste management services to its
citizens, including source reduction, recycling, composting activities and the collection,
transfer and disposal of solid waste within the City boundaries, in a manner consistent with
state laws.
B. The City Council has determined that the provision of solid waste
management services by providing an exclusive franchise and agreement to a solid waste
enterprise will best provide and maintain reasonable rates for collection, transportation,
recycling, composting, and disposal of solid waste, recyclables, and compostable material
generated within the City.
C. Palm Springs Disposal Services ("PSDS"), a California Corporation, has
provided superior and reasonably priced solid waste collection and disposal services for
the City of Palm Springs and its residents for several years and is qualified and competent
to perform the solid waste management services desired by the City.
D. It is the desire of the City and PSDS to modify the residential service to one-
day a week service with an appropriate reduction in service fees and to enhance recycling
and waste diversion efforts in the City to ensure the City can reasonably attain its goals
and requirements under state law.
E. On July 3, 2013, the City Council held a public hearing to consider the grant
of an exclusive solid waste management services franchise to PSDS and to hear all
persons desiring to be heard on the grant of such franchise.
Ordinance No. 1825
Page 2
F. Having considered all oral and documentary evidence presented on the
matter of granting such franchise, the City Council has determined that the of an exclusive
solid waste management services franchise to PSDS is in the public interest.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN:
SECTION 1. The City Council grants an Exclusive Solid Waste Management
Services Franchise to Palm Springs Disposal Services, a California Corporation. PSDS is
authorized to engage in the business of collecting, transporting, and disposing of solid
waste and recyclable materials kept, accumulated, or produced in the City of Palm Springs
and to use the public streets and rights of way for such purpose.
SECTION 2. The grant of this Exclusive Solid Waste Management Services
Franchise is expressly subject to the terms and conditions of the City Charter, Chapter 6.05
of the Palm Springs Municipal Code, this Ordinance, and the Agreement between the City
and PSDS for Solid Waste Management Services ("Franchise Agreement') as such now
exists or as may be amended from time to time.
SECTION 3. The Franchise Agreement shall be for a term of fifteen (15) years,
commencing on April 1, 2014 and ending on March 30, 2029.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take effect
thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS 4T" DAY OF SEPTEMBER, 2013.
/09
STEPHEN P. POUGNET, MAYOR
ATTEST:
�MESTHOMPSON, CITY CLERK
Ordinance No. 1825
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1825 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 3rd day of July, 2013, and adopted at a
regular meeting of the City Council held on the 41h day of September, 2013, bythe following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JMES THOMPSON, CITY CLERK
City of Palm Springs, California oq/I q /to r3