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HomeMy WebLinkAbout1824 ORDINANCE NO. 1824 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES FRANCHISE TO PALM SPRINGS DISPOSAL SERVICES, A CALIFORNIA CORPORATION. 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. 1824 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. SECTION 5. Findings. The adoption of this Urgency Ordinance is necessary for the immediate protection of the public peace,Pealth, and safety by ensuring the timely and orderly award of a solid waste franchise nd the implementation of revised residential services the concomitant reduction in ervice rates, and the acquisition of new environmentally responsible equipment and vehicles. In accordance with Section 312 of the Palm Springs City Charter, the City Council of the City of Palm Springs finds and determines that the adoption of this Urgency Ordinance is necessary to ensure the timely approval of a Solid Waste Franchise Agreement for the timely implementation of a new solid waste program for the immediate protection of the public peace, health, and safety. SECTION 6. Effective Date. The City Council hereby declares, on the basis of the findings set forth above, that an emergency exists and that this Ordinance is necessary to preserve the public peace, health and safety. Accordingly,this Ordinance is adopted as an emergency ordinance and shall take effect and be in force immediately upon its adoption. Ordinance No. 1824 Page 3 PASSED,APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 3RD DAY OF JULY, 2013. - STEPHEA P. POUGNET, MAYOR ATTEST: AMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Urgency Ordinance No. 1824 is a full, true, and correct copy, and adopted at a regular meeting of the City Council held on the 3rd day of July, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ES THOMPSON, CITY CLERK City of Palm Springs, Californiacg/m5/ZaF-15