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