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CITY OF SEWARD, ALASKA
RESOLUTION 2012 -015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, CONSENTING TO A CHANGE IN OWNERSHIP AND TO
THE ASSIGNMENT OF THE CONTRACT FOR COLLECTION AND
DISPOSAL OF GARBAGE AND WASTE BETWEEN THE CITY OF
SEWARD AND ALASKA PACIFIC ENVIRONMENTAL SERVICES
ANCHORAGE, LLC, TO WASTE CONNECTIONS OF ALASKA, INC
WHEREAS, the City of Seward (the "City "), by its charter (the "Charter ") and code of
ordinances (the "Code "), provides for the sanitary, economic, and efficient collection and
disposal of garbage, rubbish and waste material in the City and its service area, and permits,
pursuant to such Charter and Code and voter approval, the use of a contractor to provide such
services for collection and disposal of garbage and waste material; and
WHEREAS, by Resolution 2010 -64 approved on July 26, 2010, the Seward City
Council approved a franchise for the collection and disposal of garbage and refuse with Alaska
Pacific Environmental Services Anchorage, LLC dba Alaska Waste ( "APES "), subject to
approval of the voters of Seward at the October 5, 2010 regular election; and
WHEREAS, at the election held October 5, 2010 voters affirmed a franchise agreement
between the City and APES with 218 "yes" votes and 85 "no" votes, with said contract slated to
expire December 31, 2012; and
WHEREAS, through a corporate purchase and sales agreement, APES is selling
substantially all of its assets to Waste Connections of Alaska, Inc. (WCI) and the City is entering
into an acknowledgement to the change in corporate ownership, as well as a consent to
assignment of the contract to WCI through the duration of the contract which is December 31,
2012; and
WHEREAS, the City Council finds that it is in the public interest to continue the
Contract for collection and disposal of refuse, to acknowledge and consent to the assignment of
the Contract by APES to WCI, and to consent to the change in ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The above recitals are incorporated herein by this reference.
Section 2. For the reasons set forth in the recitals above, the City Council finds that it
is in the public interest to assign the Contract from APES to the new owner, WCI, and to consent
to the change in corporate ownership.
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -015
Section 3. The City Manager is hereby authorized to execute the document entitled
"Acknowledgement and Consent to Assignment" and the document entitled "Acknowledgement
and Consent to Change in Ownership," in substantial form as attached hereto, and the City
Manager is authorized to sign any additional documentation reasonably necessary to complete
this transaction.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
13 day of February 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, ay
AYES: Valdatta, Keil, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: Bardarson
ABSTAIN: None
ATTEST:
;
ohanna Kinney, CMC
City Clerk �� �� •� % �� *
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Council Agenda Statement
A OC Self.
Meeting Date: February 13, 2012 9
To: Honorable Mayor and Members of the City Council 414 '`‘' e
1 ASKP
Through: City Manager Jim Hunt
From: Kristin Erchinger, Finance Director pflo
Agenda Item: Consent to Change in Ownership and Assignment of Contract for Waste
Management
BACKGROUND & JUSTIFICATION:
The City of Seward contracts for waste collection and disposal via a franchise agreement which,
according to the City Charter and Code, require voter approval. On July 26, 2010, the Seward City
Council approved Resolution 2010 -64 which authorized a franchise to Alaska Pacific Environmental
Services Anchorage, LLC ( "APES "), subject to approval of the voters. An election was held on
October 5, 2010, at which the voters approved the franchise agreement by a vote of 218 to 85. The
term of this contract expires December 31, 2012, with no further options to extend.
APES is requesting an assignment of their contract with the City to a new corporate owner, Waste
Connections of Alaska, Inc. ( "WCI ") In addition, they are seeking Council approval to consent to
the change in corporate ownership. Per the terms of the contract, "APES shall not sell, assign, sublet
or allow another to use this Agreement (the franchise contract) without prior approval by resolution
of the City Council. This provision is subject to Charter Section 13.8."
The purchase and sales agreement between APES and WCI is slated to become effective February
28, 2012, so time is of the essence.
INTENT:
To seek Council consent that the City's contract with APES for refuse collection and disposal be
transferred to a new corporate owner, WCI, with said contract expiring December 31, 2012. The
City will solicit requests for proposals in 2012 in time to place the matter before the voters at an
election in October 2012, to award a franchise agreement for a term beginning January 1, 2013.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here):
2. Strategic Plan (document source here):
3. Other (list): X.
CITY OF SEWARD
RESOLUTION 2012 -015
PAGE TWO
FISCAL NOTE:
This action has no financial impact on the City.
Approved by Finance Department: „y'C�4fair.
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Seward City Council acknowledge and consent to a change in corporate ownership from Alaska
Pacific Environmental Services Anchorage, LLC ( "APES ") dba Alaska Waste to Waste Connections
of Alaska, Inc. ( "WCI "), and consent to assign the contract for waste collection and disposal,
between the City of Seward and APES, to WCI.
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