HomeMy WebLinkAbout1996-173
RESOLUTION NO. 96-173
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FIVE YEAR
NOTICE TO TERMINATE REFUSE OPERATIONS TO BROWNING FERRIS
INDUSTRIES.
WHEREAS, Public Resource Code Section 49520 authorizes a solid waste enterprise, as
defined in Public Resource Code Section 49504, to provide refuse services up to five years after
mailed notification to the solid waste enterprise by the local agency having jurisdiction; and,
WHEREAS, San Bernardino Municipal Code Section 8.24.190 authorizes only persons,
firms or corporations possessing the requisite business license and having obtained from the Mayor
and Common Council upon the recommendation of the Director of Public Services a permit to
collect garbage, rubbish, recyclable discards or green waste within the City are allowed to operate
refuse collection services within the City; and,
WHEREAS, the Director of Public Services has identified four private refuse collection
firms operating within the City and has initiated discussion with these four firms which has
resulted in execution of franchise agreements with two of the four firms; and,
WHEREAS, Browning Ferris Industries acquired and currently operates Lorna Linda
Disposal, one of the four firms currently operating within the City; and,
WHEREAS, Browning Ferris Industries and the City conducted on-going discussion
regarding execution of a franchise agreement from December 1994 to May 1996; and,
WHEREAS, Browning Ferris Industries has provided to the City a letter dated May 6,
1996 and received by the City on May 20, 1996 requesting the City serve Browning Ferris
Industries a five year notice and that they will abide by that notice and that all commercial and
residential refuse accounts will revert to city services upon expiration of the notice;
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May 30, 1996
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RES 96-173
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FIVE YEAR
NOTICE TO TERMINATE REFUSE OPERATIONS TO BROWNING FERRIS
INDUSTRIES.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby
provide public notice to Browning Ferris Industries that, effective June 30, 2001, Browning Ferris
Industries and it's successors in interest, will cease all refuse collection operations within the
corporate boundaries of the City as those boundaries exist on June 30, 1996;
SECTION 2. That Browning Ferris Industries will relinquish all existing and remaining
residential, commercial and temporary refuse collection accounts to the City by June 30, 2001,
and shall cooperate fully with the City in order to ensure a smooth transition between service
providers;
SECTION 3. That Browning Ferris Industries will not solicit additional residential,
commercial or temporary accounts within the City during this five year period ending on June 30,
2001;
SECTION 4. That the Mayor of the City of San Bernardino will cause to be prepared and
shall sign on behalf of the City a letter to Browning Ferris Industries providing notice of this
action, including a certified copy of this resolution; said letter shall be delivered by registered mail
to the local address of Browning Ferris Industries, with additional copies to be delivered to other
interested parties as necessary or required by law.
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May 30, 1996
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RES 96-173
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FIVE YEAR
NOTICE TO TERMINATE REFUSE OPERATIONS TO BROWNING FERRIS
INDUSTRIES.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common
Council of the City of San Bernardino at a regular
meeting thereof, held on the 17th day
of June , 1996, by the following vote, to wit:
Council Members AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
x
ANDERSON
MILLER x
(J,~ ~~
\... City Clerk
The foregoing resolution is hereby approved this IrA-day of
June ,1996.
.~'\;1j ...
t/Y?. "c. J kL 1. ~
TOM MINOR, Mayor
City of San Bernardino
Approved as to form and
legal content:
24
James F. Penman,
:~
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fJu
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May 30, 1996
RES 96-173
CITY OF
~CEIVE\)-C\1'( ClEH~
'96 IlC 11 ~ e :22
San l)ernardino
OFFICE OF THE MAYOR
TOM MINOR
MAYOR
June 27, 1996
Mr. Steve Berry
Browning Ferris Industries
Inland Empire District
10412 Richardson Street
Lorna Linda, CA 92354
Dear Mr. Berry,
The Resolution of the City of San Bernardino providing five year notice to terminate
refuse operations to Browning Ferris Industries, Number 173, was approved on June 17,
1996. Please find attached, a certified copy, as required per said resolution.
If you have any questions please contact James Howell, Director of Public Services
Department.
Sincerely,
~7.1A -
- / ~ tYV[VUt}-z.
Tom Minor
Mayor
300 NORTH
CALIFORNIA
,. 0 ') :a I 4 . 5 1 :I :I
D' STREET, SAN BERNARDINO.
92418.0001
FAX . (9 0 I) 3 8 4 . 5 4 8 1
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