285 Franchise Agreement Solid Waste Collection
RESOLUTION NO. '2£; Çi
BY: I? 6/7L ~ l-lf:h.J
A RESOLUTION SETTING FORTH CERTAIN PURPOSES, AUTHORIZING
THE MAYOR AND CITY CLERK TO ENTER INTO A FRANCHISE
AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL
SERVICES WITH SANITARY SERVICE, INC. TO PROVIDE FOR THE
CONSTRUCTION AND OPERATION OF A SOLID WASTE COLLECTION
AND DISPOSAL SERVICES WITHIN THE CITY OF MERIDIAN.
Section I - Recitals:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with Sanitary Service, Inc., denoted as "Franchise Agreement to Perform
Solid Waste Collection and Disposal Services" a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
WHEREAS, the Council having duly enacted the Solid Waste Collection and
Disposal Services Franchise Ordinance as set forth in Ordinance No. 853 which
ordinance was duly published as required by the Idaho Code; and
WHEREAS, the Council finding that the proposed Franchise Agreement to
Perform Solid Waste Collection and Disposal Services is in accordance with the
City's ordinance and that Sanitary Service, Inc., is prepared to enter into such
Franchise Agreement, which is subject to City of Meridian Solid Waste Collection
and Disposal Services Franchise Ordinance of the City of Meridian.
Section 2 :
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
A. The Mayor and Clerk are hereby authorized to enter into on behalf of
the City of Meridian that certain agreement entitled "Franchise Agreement to
Perform Solid Waste Collection and Disposal Services" and to bind this City to its
terms and conditions.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
//-~ - ~
. g - day ofV' ~¿éVf.,"L , 2000.
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APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
/ f;J 1"1:- day of J ~&Vt. 'i- , 2000.
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, Robert D. Corrie
ATTEST:
msyZ:\ W ork\M\Meridian 15360M\SW AAOFranchiseAgmt.Res
(
Meridian City Pre-Council Meeb,.~
January 18, 2QCX)
Page 4
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Gigray: In my view, some of the Findings with regards to traffic issues might
pose other issue to the approval of this application which was the heart of the
emotion that was made. I would need specific direction from you as to what you
would be advising me to change the Findings so that they VtJere worded in the
way that you wanted them worded and which ones. See, I can't just make these
up. I have to go from the record that is made and from the motion that's made.
That's what I try to do as best I can. So I need specific directions - you have, the
Council has numerous times in the past made corrections in those Findings, and
you just tell me in your motion what those corrections are so when we resubmit
them to the Clerk, they include whatever corrections you've requested.
deWeerd: So I guess the technical comments like the acreage and the per-lot
sewer trunk line fee if changes to the wording - I guess what I'm asking is if we
correct what could be corrected without re-opening it, they can appeal?
Gigray: Judicial review. The test is whether there's going to be substantial
evidence in the record to support the Finding. If there is, the Court will affirm it.
deWeerd: So we probably should table this until next meeting so that we can
look into those things? Look at the -
Gigray: My advice is if you're going to receive more evidence, testimony and
information other than just argument about what is in the record already, I think
you need to re-open the public hearing, and, in fact, if you're going to hear
argument about whether the Findings should say this or the other, I think you
should give notice to all parties that you're going to entertain such motion so
everybody has an opportunity to argue the record as they see it. That'd be like
me representing a party in a lawsuit and the judge saying I'm going to hear final
argument and I don't get invited. It's a problem. If we're dealing with technical
issues relative to getting just the right acreage or something to that nature, I'm
not too concerned about that as long as we can point the record and know
exactly what it is because I'm just following the recommendations from the
Planning and Zoning Commission, or if we've made a typo, we can correct those
things without any big problem. Or if you feel in your analysis of this that there's
a Finding in there that is flat wrong and that you know the evidence supports
another Finding, you can move that that be changed and we do it. But if you're
going to get - You know, I think the line of demarcation is are 'N8 getting into new
stuff that wasn't presented in the public hearing.
deWeerd: Bill, when you do these, do you - when you do the Findings, do you
also look at the recommendations back to P & Z or do you take that -
Gigray: Depends on the motion that the Council members made.
deWeerd: I don't know, Mr. Mayor, if this is the appropriate place to raise this,
but as I sat on that side of your bench, I was always amazed that you guys never
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CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
1, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the / 8~ day of
J7dhtla~ ,2000, the following action has been taken as
Resolutio 0.265 and authorized:
A RESOLUTION SETTING FORTH CERTAIN PURPOSES, AUTHORIZING THE
MAYORAND CITY CLERK TO ENTER INTO A FRANCHISE AGREEMENT TO
PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITH
SANITARY SERVICE, INC. TO PROVIDE FOR THE CONSTRUCTION AND
OPERATION OF A SOLID WASTE COLLECTION AND DISPOSAL SERVICES
WITHIN THE CITY OF MERIDIAN.
Section I - Recitals:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with Sanitary Service, Inc., denoted as "Franchise Agreement to Perform
Solid Waste Collection and Disposal Services" a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
WHEREAS, the Council having duly enacted the Solid Waste Collection and
Disposal Services Franchise Ordinance as set forth in Ordinance No. B53 which
ordinance was duly published as required by the Idaho Code; and
WHEREAS, the Council finding that the proposed Franchise Agreement to
Perform Solid Waste Collection and Disposal Services is in accordance with the
City's ordinance and that Sanitary Service, Inc., is prepared to enter into such
Franchise Agreement, which is subject to City of Meridian Solid Waste Collection
and Disposal Services Franchise Ordinance of the City of MeridIan.
CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 1
('
Section 2:
NOW, THEREFORE, BE IT RESOLVED BY THE lvlAYOR AND eIn
COUNCIL as follows:
A. The Mayor and Clerk are hereby authorized to enter into on behalf of
the City of Meridian that certain agreement entitled "Franchise Agreement to
Perform Solid Waste Collection and Disposal Services" and to bind this City to its
terms and conditions. \\t\{H'''II/
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; ~ & ~ILLIAM G. BERG, J
\. 1'; ~l.t-i 1~ . "QJ P .;-2cIn CLERK
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STATE OF IDAHO~.f/~J'I' \;,\\\\'\'
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County of Ada,
On this Ift/h.'day of ~t;-, in the year 2000, before me, ;;.~/~
t:. ~tLrn za ./ , a Notary Public, appeared WILLIAM G. BERG,
JR.; knoor identified to me to be the City Clerk of the City of Meridian, Idaho
that executed the said instrument, and acknowledged to me that he executed the
same on behalf of the City of Meridian.
(SEAL)
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CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2