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HomeMy WebLinkAboutMINUTES - 06081993 - 1.145 To: 'BOARD OF SUPERVISORS From: Victor J. Westman, County Counsel Re: Ordinance amending Chapter 418-5 on franchises for solid waste facilities RECOMMENDED ACTION: Introduce, waive first reading and fix June 15, 1993 for adoption of an 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 . Attached hereto is a proposed ordinance amending section 418-5 . 604 of Ordinance Code Chapter 418-5 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. Also attached is a draft of section 418-5 . 604, . showing the changes proposed by this ordinance. Continued on attachment: ✓Yes Signature: 1 _ Recommendation of County Administrator _Recommendation of Board Committee _Approve _Other Signature(s): Action of Board on JUN 8 1993 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 N ) entered on the minutes of the Board of Supervisors on the date shown. AYES: NOES: � ATTESTED: JUN 8 1993 ABSENT: ABSTAIN: Phil Batchelor, Clerk of the Board of Superviso and County Administrator y , Deputy cc : County Administrator County Counsel GMEDA LTF ORDINANCE NO. 93- (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-_ 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 , a newspaper published in this County. PASSED ON , 1993 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator. Board Chair By: Deputy [SEAL] LTF 2a: lordirrf.b 2 _ ORDINANCE NO. 93- AMENDMENTS TO SECTION 418-5 . 604 418-5 .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 provide that the beard ma-- ,-o.,;�•- an„_ �a. tr-e #e for>boarcl` r other >";ub1 is `a enc » ever. .: ;; 9:::>;; '>> ..... ...... .... ...... .............................. a prdv;a]. `;;and. coritr.dI f rates to be charged customers by the solid waste facility' s owners and operators . 2a: \redline. irf