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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