Ord 02-412
ORDINANCE NO. 02-412
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, GRANTING A FRANCHISE TO ALLIED
WASTE INDUSTRIES, INC., AKA RABANCO COMPANIES
TO OPERATE IN CERTAIN ANNEXED AREAS, IN
ACCORDANCE WITH RCW 3SA.14.900
WHEREAS, the City of Federal Way ("City") operates a solid waste and
recycling utility serving the entire City in accordance with its local regulatory authority
consistent with resource management priorities established under chapter 70.95 RCW,
with the exception ofrecentIy annexed areas as stipulated by RCW 35A. 14.900; and
WHEREAS, the City, by Federal Way City Ordinance No. 98-3 I I annexed to the
City as of April 20, 1998 certain property described therein, Federal Way City Ordinance
No. 98-332 annexed to the City as of January 9, 1999 certain property described therein,
Federal Way City Ordinance No. 98-328 annexed to the City as of January 15, 1999
certain property described therein, and Federal Way City Ordinance No. 99-358 annexed
to the City as of January 28,2000 certain property described therein, ("Annexed Areas");
and
WHEREAS, Allied Waste Industries, Inc., a Delaware corporation operating
through its subsidiary, the Rabanco Companies ("Rabanco") has operated a municipal
solid waste collection business in the Annexed Areas pursuant to a certificate of necessity
and convenience (G-Certificate) issued by the Washington Utilities and Transportation
Commission ("WUTC");
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WHEREAS, RCW 35A.14.900 states that a permit holder shall be granted by the
annexing city a franehise to continue such business within the annexed territory for a
term of not less than seven years; and
WHEREAS, the Finance, Economic Development and Regional Affairs
Committee reviewed this issue at its February 28, 2001 meeting, recommending adoption
of this ordinanee to the City Council;
WHEREAS, on
,2001, after all public notice required by law, the full
City Council held a public hearing on the proposed ordinance, heard public and City staff
t~stimony, and considered the proposed ordinance; and
WHEREAS, the City Council considered and voted to adopt this ordinance at its
, 2001 meeting;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Seetion 1.
WUTC Regulation Canceled in Annexed Areas. The City hereby
aßsumes jurisdiction over solid waste collection in the Annexed Areas. The publication
of this ordinance shall constitute the City's notification to the WUTC under RCW
35A.14.900.
Section 2.
Franchise Granted. In satisfaction of the City's obligations under
applicable law, including without limitation, RCW 35A.14.900, the City hereby grants to
Rabanco, its successors and assigns, a franchise to collect solid waste in the Annexed
Areas subject to the terms and conditions of Rabanco's WUTC G-Certificate #12
commencing on January 1,2002.
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Section 3.
Service and Charges. Rabanco shall continue to offer and provide
the same collection services at the customer charges provided for under its tariff for
WUTC Certificate #12.
Operating standards shall be equivalent to and consistent with
those required under WUTC regulation for Rabanco's certificated operations near or
adjacent to the City.
Section 4.
Negotiated Franchise. This franchise may be replaced by a
continuation franchise on terms negotiated between Rabanco and the City.
Seetion 5.
Compliance with Law.
Rabanco shall comply with all City,
County, State and Federal laws and regulations applicable to the services provided under
this Franchise.
Such compliance shall include, but not be limited to, maintaining a
current City business license, collecting and paying utility and other taxes, and otherwise
complying with City Code.
Section 6.
Severability.
The provisions of this ordinance are declared
separate and severable. The invalidity of any clause, sentenee, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any
person or circumstance, shall not affect the yalidity of the remainder of the ordinance, or
the validity of its application to other persons or circumstances.
Section 7.
Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 8.
Effective DatelNotification. This ordinance shall take effect and
be in full force on January I, 2002, and shall terminate upon sixty days written notice
provided by the City, but no sooner than December 31, 2008, unless cancelled by
ORD # 02~412; PA(;E3
agreement or operation of law prior thereto. The City Clerk is hereby directed to publish
this ordinance in full and to mail a copy of the Ordinance to the WUTc.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this ~ day of January, 2001
CITY OF FEDERAL WAY
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APPROVED AS TO FORM:
'.~c.~
ÒTY ATTORNEY, BOB C. STERBANK ,
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIYE DATE:
ORDINANCE No.:
12/12101
01/02/02
01/09/02
01114/02
02-412
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