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HomeMy WebLinkAboutRES NO 01-72 RESOLUTION NO. 1-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF B_AKERSFIELD, CALIFORNIA, PROVIDING FOR THE PLACING OF DETACHABLE REFUSE CONTAINERS UNDER CERTAIN TERMS AND CONDITIONS. WHEREAS, the City owns a number of front-loading, detachable refuse bin-boxes with side pockets, 'hereinafter called containers, for use within the City, which may be mechanically unloaded by modern equipment more efficiently than heretofore 'has been possible; and WHEREAS, the City is desirous of placing such containers on designated premises of persons who receive refuse collection service from the City hereinafter called customer, or on public rights-of-way for use by such persons, under written agreement in accordance with terms and conditions hereinafter in this resolution set forth. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. The Director of Public Works of the City of Bakersfield is authorized to execute on behalf of the City, written agreements with customers, providing for the placing of such containers on the premises of such persons or rights- of-way for the lholding of all refuse.created, produced or accumu- lated between the scheduled times of collection by the City. No such agreement shall be executed unless the City Council has authorized the acquisition of the container which shall be the subject of t'he agreement and such approved container 'has been acquired by the City. 2. Under the agreement, t'he Public Works Director is authorized to rent such container to the customer. When the con- tainer is rented to such persons, the title to and ownership s'hall be and remain in the City of Bakersfield. Such containers shall be identified by proper label and number and shall be carried on the inventory of t'he Public Works Department. 3. Upon the execution of the agreement the City shall assume the responsibility of maintaining such container in good repair unless damage or injury to such container is caused by the negligence of the customer, in which case he shall pay the cost of necessary repair. , 4. Upon the execution of the agreement the City shall beTresponsible for maintaining such container in as clean and sani- tary condition as is practical and the rental fee shall include costs of such maintenance. 5. The Director of Public Works shall have the authority to locate the container on the premises of the customer, or public right-of-way and shall have the adthority to modify the premises or right-of-way at City expense, if such modification is deemed necessary for efficient mechanical unloading of the container. No modification of the premises of the customer shall be undertaken without the express consent in writing of the owner of the property. 6. The Director of Public Works shall have the authority to determine the size and volume of container and the number of such containers to be placed, and shall determine whether one container shall serve more than one customer. In the event it is determined that one container can efficiently serve more than one customer the rental fee shall be shared by such customers. 7. The agreement herein authorized shall be for the period of service by the City to the customer. The City reserves the right to change its policy of refuse collection but shall not defeat any vested rights which the customers may have in the containers. 8. Where the container is rented, and in the event the customer ceases to occupy the premises, the succeeding occupier may become a contracting party if he enters a rental agreement with the City. 9. The City reserves the right to increase the rental rate to be charged the customer upon sixty (60) days written notice and may decrease such rate effective at the beginning of any established pay period. 10. The customer who rents said container or containers shall pay a rental fee which is hereby fixed as follows: Rental Rate $6.00 per month for one two-cubic yard container. $7.00 per month for one three-cubic yard container. $8.00 per month for one four-cubic yard container. If the customer ceases to occupy the premises during a period for which he has paid, a proration payment shall be made to him by the City. 11. P~yment of rental fees provided in this resolution shall be due and payable in advance. Bills for such service may be rendered by the Finance Director ~nd when~Bot~_paid.shall become delinquent thirty days after the first mailing, at which time and in which event, the City may sue in the civil courts for the collection of such fees. 12. The contracting party shall be considered in possession and control of the container during the term of the agreement, on behalf of the City, and as against every person other than the City and shall use every reasonable means to protect said container from damage or theft and shall refrain from any act or omission 'in reference thereto which might cause damage'to property or injury to persons. 13. The contracting party s'hall indemnify and hold harmless tlhe City against any and all claims for loss, liability or damage, arising out of or in connection with the possession and control of the container as specified in paragraph 12, and in connection with or arising out of the acts or negligent omissions of contracting party or its employees. 14. Nothing in this resolution or the agreement executed pursuant 'hereto shall be deemed to vary any of the conditions, regulations or requirements of Chapter 8.48 of Title 8 of the Municipal Code of the City of Bakersfield, but shall be considered as a further implementation of such provisions. 15. The contracting party, upon the execution of the agreement, shall be deemed to have read and understood t'he terms of this resolution and agreed thereto. A copy of this resolution shall be attached to such agreement. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 3rd day of January, 1972, by the following vote: AYC-~: COUNCILMEN ~, HEiSEY, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE NoEs: CO,NC,L , .NL.Z7 ABSTAINING COUNCILMEN: Council of the City of Bakersfield ~YO~'f ~h~ eG~Ey ,of BakersfLe~d APPROVED: AGREEMENT NO. THIS AGREEMENT, entered into this day of 1972, between the CITY OF BAKERSFIELD, a municipal corporation, herein called the CITY, and , located at , Bakersfield, California, herein called the CUSTOMER. ~ WITNESSETH: IT IS HEREBY MUTUALLY AGREED as follows: 1. The Customer agrees that he has read and understands the terms and conditions set forth in Resolution No. 1-TP. and agrees to all such terms and conditions; said Resolution is attached hereto and is a part of this agreement as if fully set forth herein. 2, (a) _~7 The Customer rents from the City the following described container(s): (b) E/The Customer agrees to pay the following monthly rental rate for each container: 3. The City agrees to perform all the services and meet all the terms and conditions of Resolution No. 1-72 IN WITNESS WHEREOF, the parties hereunto have duly executed this agreement the day and year first-above written. CITY OF BAKERSFIELD By Director of Public Works APPROVED: CitZI Attorney COUNTERSIGNED: Finance Director By Customer