Ord 95-236
ORDINANCE NO.
9,}-H6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING HOURS OF
OPERATION AS ESTABLISHED FOR THE SOLID WASTE
AND RECYCLING UTILITY, AND AMENDING ITS
FRANCHISE FOR SOLID WASTE AND RECYCLING
AGREEMENT.
WHEREAS, the City adopted the King county Sblid Waste
Comprehensive Plan; and
WHEREAS, the city participates in an Interlocal Agreement
with King county for the development of a solid waste management
plan for the collection and disposal of solid waste; and
WHEREAS, the city is authorized to establish a system of
collection for solid waste and recyclable and reusable materials,
including the award of franchises for residential and commercial
collection of solid waste and recycling under the city's direction;
and
WHEREAS, the City recognizes that its local regulatory
authority to manage,
regulate,
maintain,
operate,
control and
subsidize a local solid waste collection and recycling program
would foster and is consistent with resource management priorities
developed under chapter 70.95 RCW; and
WHEREAS,
the City entered into a Franchise Agreement
dated effective December 20, 1991, as amended on March 16, 1993,
and on September 21, 1994, ("Franchise") with Federal Way Disposal
Company ("Franchisee") for the collection, disposal and recycling
of certain solid waste products, and for the collection of City-
established rates; and
ORD # 9,}-216
, PAGE 1
COpy!
WHEREAS,
Article
II,
Collection
Requlations
of
the
Federal Way city Code ("FWCC") contains regulations governing solid
waste collection; and
WHEREAS, the City desires to amend the Franchise via the
following
revisions
which
are
necessary
and
in
keeping
with
providing efficient and cost-effective garbage collection service
for the Federal Way community;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Amendments.
A.
section
8A(i) ,
Collection
Requirements,
of
the
Franchise is amended as follows:
section 8, Collection Requirements, A. (i) Regular
garbage, recyclables and yard waste collection by the Franchisee
for business firms and commercial enterprises shall be as often as
requested by the customer ~ seven days per week, X1eHàa} tnrauEjh
Friàay, between the hours of 7:00 a.m. and 8:00 p.m., unless the
City authorizes an extension of such time; provided that collection
may occur between the hours of
6:00 a.m.
and
10: 00 p.m.
for
commercial areas not adjacent to residential areas:
provided.
further. that collection mav occur on certain roadwav corridors and
areas adiacent to hotel and motel facilities as follows:
(a)
Collection from commercial areas which are located onlv
alonq the followinq roadwav corridors shall be allowed on a
24-hour basis.
The followinq roadwav corridors are decicted
ORD # 95-236
, PAGE 2
on the attached mac (Attachment Map 1):
1.
The state Route 99 corridor:
2.
The South 320th Street corridor between Interstate 5
and State Route 99:
3.
The South 336th Street corridor from State Route 99
to First Avenue:
4.
The 9th Avenue South corridor between South 336th
Street and South 348th Street:
5.
The South 348th corridor between 9th Avenue South and
Interstate 5:
6.
The 16th Avenue South corridor between State Route 99
and South 348th Street: and
7.
The Enchanted parkwav corridor between South 348th
Street and South 356th Street.
(b) Collection from commercial areas adiacent to or includinq
hotel and motel facilities shall be conducted between the
hours of 7:00 a.m. and 8:00 c.m.
Franchisee aqrees to immediatelv alter. to the satisfaction of the
Director. anv earlv morninq or late niqht commercial collection.
timinq or routinq which results in comclaints.
B.
section 12-32, Schedule of Collection, of the FWCC is
amended as follows:
section 12-32.
Schedule of collection.
(a)
All
garbage,
recyclable and yard wastes
as
herein
provided shall be collected within the boundaries of the city as
follows:
ORD #
95-236
, PAGE 3
(1)
Regular collection for business firms and commercial
enterprises
shall
be
as
often
as
requested
by
the
customer H¥e seven days per week, ÞfaReia} tRre¡'¡EjR Frieia} ,
between the hours of 7:00 a.m. and 8:00 p.m., unless the
City authorizes an extension of such time,
or unless
other collection times are authorized pursuant to the
terms
and
conditions
scecified
in
the
solid
Waste
Franchise Aqreement.
section
2.
Severabilitv.
The
provisions
of
this
ordinance are declared separate and severable, invalidity of any
clause, sentence, paragraph,
subdivision, section or portion of
this ordinance or the invalidity of the application thereof to any
person or circumstances shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 3.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and confirmed.
section 4.
Effective Date.
This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication, as provided by law.
PASSED by the city Council of the City of Federal Way
this
5th
day of
July
, 1995.
CITY OF FEDERAL WAY
MA~a;t; r- ~
ORD #
95-236
, PAGE 4
AS' ,QJ ~ :i. ' , </ì:~
CITY LERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~.-bND-?
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 95-236
6/28/95
7/05/95
7111195
7,16,/95
K:\ORDIN\FWD95.HRS
ORD # 95-236
, PAGE 5
(
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the
Franchise Agreement dated effective Decembe~r 20 JQq1, as .amended
on March l6, 1993, September 2l, 1994, and ~, 1995
entered into between Federal Way Disposal Co pan and the City of
Federal Way ("Franchise") and acknowledges that such rights and
privileges are subject to and limited by all the terms, conditions
and obligations contained in the Franchise.
DATED this
5
day of ~LLLÖ
FEDERAL WA ~COMPANY' INC.
, 1995.
~.wtf: ~
(name)
7.2QS(~
(title)
P. o. Box 1877
Auburn, WA 98071-1877
ORD #
95-236
, PAGE 6
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Attachment Map 1
[Cross-hatched area shows the 24-hour comnercial collection area]