HomeMy WebLinkAboutOrdinance 2140 N.C.S. 11/18/2002
JAN 0 2 200
ORDINANCE N0.2140 N.C.S.
Introduced by Seconded by
Council Member Matt Maguire Council Member Michael O'Brien
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
AMENDING PETALUMA MUNICIPAL CODE SECTION 8.16.070
CONCERNING CONTRACTS FOR GARBAGE AND RUBBISH
COLLECTION AND DISPOSAL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Amendment. Petaluma Municipal Code section 8.16.070 is hereby amended
to read in its entirety as follows:
"The city council may, pursuant to the following procedure, enter
into a permanent contract for a term not to exceed thirteen years
for the removal and disposal of garbage and rubbish.
The city council shall adopt a resolution directing the city clerk to
cause a notice to be published in the official newspaper of the city
by two insertions therein not less than five days apart, the last of
which shall not be less than twenty days before the time fixed for
opening the bids, inviting sealed bids for a contract for the
exclusive right, subject to the rights of holders of permits granted
by the city council, as the official garbage and rubbish collector of
the city, as the case may be, for the collection and disposal of
garbage and rubbish within the city in accordance with the
Ordinance No. 2140 N.C.S. Page 1
provisions of this chapter and the specifications and requirements
set forth in the resolution. The resolution and notice to bidders
shall specify:
A. The time fixed for receiving and opening the bids;
B. Each bid shall be accompanied by a cashier's check, in the
sum of fifty thousand dollars ($50,000) or such other
amount, or in such other form, as may be required by the
city council, which sum shall be forfeited by the bidder to
whom the contract is awarded, as liquidated and
unascertainable damages to the city, if thereafter the bidder
fails or refuses to enter into a contract within thirty days
after receiving notice of the award;
C. Each bid shall specify the amount the bidder will pay the
city monthly, as consideration for the contract;
D. The council may reject any and all bids, including the
highest bid, if it determines that, because of experience,
financial responsibility or reputation or some other factor,
the acceptance of a lower bid is for the best interest of the
city;
E. The bidder shall agree to perform and comply with and be
bound by all the terms, conditions and provisions required
by this chapter and the other specifications set forth in or
referred to by the resolution and notice.
By its resolution calling for bids, the city council shall prescribe
such additional terms and conditions to be included in the contract
to be awarded for the collection and disposal of garbage and
rubbish, as it shall determine, and require that the same be set forth
in the notice to bidders, or filed with the city clerk and referred to
in the notice as being available for examination by prospective
bidders.
Ordinance No. ?140 N.C.S. Page 2
s
Section 2. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
Section 3. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 4. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered Posted this 18`" day of November, 2002.
ADOPTED this 2"d day of December, 2002, by the following vote:
AWES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Mayor Thompson., Torliatt
NOES: None
ABSENT: None
0
E. Clar Thompson, Mayor
ATTEST:
G• le P rsen, City Clerk
Ordinance No. 2140 N.C.S. Page 3