Ordinance 2884CITY OF ALAMEDA ORDINANCE NO. 2884
New Series
AUTHORIZING EXECUTION OF AGREEMENTS BETWEEN THE CITY OF
ALAMEDA AND ALAMEDA COUNTY INUSTRIS AR , INC. FOR SOLID
WASTE , RECYCLABLE MATERIALS AND ORGANIC MATERILS
SERVICES ENTERED INTO AS OF JULY 3 , 2002 AN BETWEEN THE
CITY OF ALAMEDA AN WASTE MANAGEMENT OF ALAMEDA
COUNTY , INe. FOR SOLID WASTE DISPOSAL SERVICES ENTERED
INTO AS OF JULY 3 , 2002
WHEREAS, there has been submitted to this Council an Agreement between the City of
Alameda and Alameda County Industries AR, Inc. for Solid Waste , Recyclable Materials and
Organic Materials Services Entered into as of July 3 , 2002 for a term of nine years and three
hundred and sixty one days from October 6 2002 to September 30 2012; and
WHEREAS, there has been submitted to this Council an Agreement between the City of
Alameda and Waste Management of Alameda County, Inc. for Solid Waste Disposal Services
Entered into as of July 3 , 2002 for a term of nine years and three hundred and sixty one days
from October 6 2002 to September 30 , 2012; and
WHEREAS , the City Council is familiar with the contents of said agreements; and
WHEREAS, it is in the public interest that said agreements be entered into; and
WHEREAS , approval of the agreements must be accomplished by ordinance pursuant to
Sections 3-10 and 18-1 of the City Charter.
NOW , THEREFORE , BE IT ORDAIND BY THE COUNCIL OF THE CITY OF
ALAMEDA that:
Section 1 The Agreement between the City of Alameda and Alameda County
Industries AR , Inc. for Solid Waste , Recyclable Materials and Organic Materials Services
Entered into as of July 3 , 2002 and the terms , conditions and agreements contained therein , be
and the same are hereby, approved.
Section 2 The Agreement between the City of Alameda and Waste Management of
Alameda County, Inc. for Solid Waste Disposal Services Entered into as of July 3 2002 and the
terms , conditions and agreements contained therein , be , and the same are hereby, approved.
Section 3 The City Manager of the City of Alameda be , and he is hereby, authorized
to execute , for and on behalf of the City of Alameda , said Agreements and the City Clerk is
hereby authorized and directed to attest to same.
Section 4 Upon the execution of said Agreements and upon the Commencement
Date of each (as that term is defined in the Agreements), to-wit , at 12:01 a.m. on October 6
2002 , that certain Model Franchise Agreement with Oakland Scavenger Company (and its
successor Waste Management of Alameda County, Inc.) for the Collection and Removal of
Refuse and Garbage, approved by Ordinance No. 2088 of the City and extended by Ordinance
No. 2871 , shall terminate.
Section 5 Aricle 8 of the Agreement between the City of Alameda and Alameda
County Industries AR, Inc. for Solid Waste , Recyclable Materials and Organic Materials
Services Entered into as of July 3 , 2002 authorizes the City to regulate the rates that Alameda
County Industries AR , Inc. (ACI) may charge its customers for the services specified in the
agreement. The City hereby approves , as the initial ceiling on rates ACI may choose to
establish , the amounts set forth in Exhibit C to the Agreement , entitled Maximum Authorized
Customer Rates for Collection Services. Changes to those initial ceilings shall be approved by
the City in the manner provided in Aricle 8 of the Agreement , by Resolution of the City
Council , or in any other manner authorized by law , notwithstanding that the initial ceilings are
adopted by this Ordinance.
Section 6 The City Council hereby finds that the approval of these exclusive
agreements is necessary to: (i) insure that all occupied dwellng units and business
establishments obtain the use of a qualified collection service; (ii) insure that garbage and refuse
will be transported within the City in a safe and sanitary maner and deposited only in a lawful
manner at legally authorized sites; (iii) accomplish the purposes of the California Integrated
Waste Management Act of 1989 ("the Act") and the Alameda County Source Reduction and
Recycling Plan required by the Waste Reduction and Recycling Act of 1990 (Measure D); and
(iv) implement the City s Source Reduction and Recycling and Household Hazardous Waste
Elements as the Act requires.
Section 7 . This ordinance shall be in full force and effect from and after the expiration of
thirty (30) days from the date of its final passage.
Attest:
i/
City Clerk
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the l6
day of July, 2002 by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt, Johnson , Kerr , and
Mayor Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this
day of July, 2002.
V1
Laa Weisiger
City of Alameda