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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. c7 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / f;J 1"1:- day of J ~&Vt. 'i- , 2000. . (J ~IJ~. , Robert D. Corrie ATTEST: msyZ:\ W ork\M\Meridian 15360M\SW AAOFranchiseAgmt.Res ( Meridian City Pre-Council Meeb,.~ January 18, 2QCX) Page 4 ( 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 ( (- 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/ 1J\\\'Qf ~~l:-~'IIIIII ,~ -l 'wc, I~ " ~" ~.I'''''''' ~'(j' 'i' ~ ~ -..a.P(")Q A ~ ~ :p!..J'~ -.. ~ .,..~ -;. ~ ~a ~ , - E = :: SEAL :: ; ~ & ~ILLIAM G. BERG, J \. 1'; ~l.t-i 1~ . "QJ P .;-2cIn CLERK " ~..., t.<' ~ .....' ~'" ~ ,v' "" STATE OF IDAHO~.f/~J'I' \;,\\\\'\' III HI uU : ss: 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) ....... .. -c tJ.. .. ~ ~:.---9 .. .~~OTA ~~~... .r;.-./ ~ .~A \ .. .~I \ . :~: d.. * * \N- . CI:1. ll(" I~ . . ' ,~. . \ / . 0. \ I . . ' .)::;,.. --- . '. ..~~~~~}S~o... ~.;.e-OFIP ... ....... op. NO~ic for Idaho Commission Expires: q /Zb/ trO msglZ:\ W ork\M\Meridian 15360M\SW AAOCertifClerkFranAgmt.Res CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2