HomeMy WebLinkAboutMINUTES - 06151993 - 1.24 To: BOARD OF SUPERVISORS
From: Victor J. Westman, County Counsel
Date: June 15, 1993
Re: Adopt ordinance amending Chapter 418-5, on franchises
for solid waste facilities
RECOMMENDED ACTION: Adopt ordinance amending County
Ordinance code Chapter 418-5, on franchises for solid waste
facilities .
BACKGROUND: On May 25, 1993, the Board approved a contract
with the West County Integrated Waste Management Authority
providing for the County' s participation in the West County
Integrated Resource Recovery Facility (IRRF) process. The
agreement called for the possible amendment of County Ordinance
Code Chapter 418-5, and staff was requested to present an
ordinance to the Board for consideration on June 8, 1993 .
On June 8, 1993, the Board introduced the attached ordinance
amending section 418-5 .604 of the County Ordinance Code, to
provide for rate regulation by the Board or other public agency.
This amendment will allow the Authority to review the IRRF rates,
as provided in the contract.
Continued on attachment: _ Yes Signature:
_ Recommendation of County Administrator _ Recommendation of Board Committee
_Approve _Other
Signature(s):
Action of Board on Approved as recommended _ Other _
Vote of Supervisors I hereby certify that this is a true and
correct copy of an action taken and
_ Unanimous (Absent ) entered on the minutes of the Board of
Supervisors on the date shown.
AYES: NOES:
ATTESTED:
ABSENT: ABSTAIN:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By , Deputy
cc: County Administrator
County Counsel
GMEDA
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ORDINANCE NO. 93- 36
(Amend Chapter 418-5 on
Franchises for Solid Waste Facilities)
The Board of Supervisors of Contra Costa County ordains as
follows (omitting the parenthetical footnotes from the official
text of the enacted or amended provisions of the County Ordinance
Code) :
SECTION I . PURPOSE. The purpose of this ordinance is to amend
Chapter 418-5 of the County Ordinance Code to clearly provide for
the regulation of rates by the West Contra Costa Integrated Waste
Management Authority ( "Authority" ) at the proposed integrated
resource recovery facility in West Contra Costa County, as
provided in the contract between the County and the Authority
approved by the Board of Supervisors on May 25, 1993 .
SECTION II . Section 418-5 . 604 of the County Ordinance Code is
amended to read:
418-5 . 604 Agreement Content. Any franchise or agreement
approved pursuant to this article shall, among other things,
contain rules and regulations for the protection of the public
health, safety and welfare and may provide for board or other
public agency review, approval and control of rates to be charged
customers by the solid waste facility' s operators .
(Ords . 93-36 S 2, 88-81 S 2 . )
SECTION III . SEVERABILITY. If any portion of Chapter 418-5 of
the County Ordinance Code, as amended from time to time, is found
to be unconstitutional or invalid the Board of Supervisors hereby
declares that it would have enacted the remainder of Chapter
418-5 regardless of the absence of any such invalid part.
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of the Supervisors voting for and
against it in the Contra Costa Times , a newspaper
published in this County.
PASSED ON June 15 , 1993 , 1993 by the following .vote:
AYES: Supervisors Powers , Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of �-
Supervisors and County
Administrator.
Board Chair
By: (IMM 01 J A,J 2
e uty
[SEAL]
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ORDINANCE NO. 93- 36