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HomeMy WebLinkAboutOrdinances (O-07-1618)-06/05/2007ORDINANCE 0-07-1618 AN ORDINANCE APPROVING THE AMENDMENT AND REPLACEMENT OF THE FRANCHISE FOR THE COLLECTION AND DISPOSAL OF GARBAGE, TRASH AND RECYCLING MATERIALS WITHIN THE CITY OF COLLEYVILLE; ESTABLISHING REVISED TERMS, CONDITIONS AND TERMS OF SAID FRANCHISE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville ("City") approved a franchise with IESI Corporation ("Contractor") for the collection and disposal of garbage, trash and recycling materials within the City via Ordinance 0-02-1350 (the "Franchise"); and WHEREAS, the Franchise provides that it may be amended by the mutual agreement of the parties; and WHEREAS, the City and Contractor have agreed to amend the Franchise in its entirety and replace it with the Contract for Refuse Services for Residential Recycling and Commercial Refuse Collection attached hereto as Exhibit "A" (the "Contract"); and WHEREAS, upon approval, execution and effective date of the Contract, the Franchise will become null and void; and WHEREAS, the City Council deems it in the best interest of the City to amend the Franchise upon the terms and conditions contained in the Contract; and WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and EREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and EREAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Colleyville. J, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEYVILLE, TEXAS: All matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. 2. THAT the Contractor is hereby granted a Franchise for the collection and Ordinance 0-07-1618 Page 2 of 2 disposal of garbage, trash and recycling materials within the City pursuant to the terms of the Contract. The City Manager is authorized to execute the Contract on behalf of the City. Sec. 3. THAT the effective date of the Contract shall be September 1, 2007. Sec. 4. THAT the City Council shall consider any proposed rate adjustments for residential and commercial garbage service pursuant to the Contract and act on same via Resolution. Sec. 5. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /`sue day of 2007. '' The sec nd reading and public hearing being conducted on the /~`"~ day of 2007. ATTEST: r=~-q ynthia Singleton, TRMC, ._.,/C City Secretary CITY OF COLLEYVILLE ` ,~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~~ ~'~1 ~~~ Matthew C.G. Boyle City Attorney