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HomeMy WebLinkAboutRes2012-015 Sponsored by: Hunt irom 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 �� �� •� % �� * '• . ogP 400 op eI (City Seal) rt. SE A . • 6'q $ • . -- • i oYSr re.s .....�o� i"_... ., * . F , O: : � ��,�. 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. lop