RESOLUTION NO. 2012-216

A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,CALIFORNIA, DECLARING THE CITY COUNCIL'S INTENTIONTO AWARD A FRANCHISE TO MID VALLEY DISPOSAL (MIDVALLEY) IN PREPARATION FOR HOLDING A PUBLICI-IEARING ON THE MATIER AND A FINAL VOTE TO AWARDTI-IE FRANCHISE ON DECEMBER 13, 2012

RESOLVED, by the City Council of the City of Fresno, California, that:

WHEREAS, pursuant to Article XIII of the Charter of the City of Fresno, proceedings forthe establishment of an exclusive residential solid waste franchise may be instituted by thelegislative body by a Resolution of Intention to adopt an Ordinance granting the franchi se;

WHEREAS, this Council, as a legislative body of the City of Fresno (the "City") herebydetermines that it is in the best interest of the City that this Council institute proceedings for theestablishment of an exclusive residential solid waste franchise pursuant to the Charter in order tofacilitate the administration and hauling of residential solid waste within the City.

WHEREAS, the City has compl eted a Request for Proposal (RFP) process forfranchi sing its residential solid waste operation s to private companies;

WHEREAS, Mid Valley is recommended as the franchisee based on the qualit ative andquantitative selection criteria that were established;

WHEREAS, in the event the exclusive residential solid waste franchise is established, itis the intention of the City to place this hauler in charge of handling the administration andhauling within the City.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF FRESNO HEREBY:

1. The above recitals are true and correct.

2. An exclusive residential solid waste franchise is propo sed to be established within theCity under the terms of Article XIII, "Franchises" of the City Charter.

3. The City Council hereby finds and determines that the grant of the exclusive solid wastefranchise agreement for the City to Mid Valley is in the public interest. The franchisegranted herein is awarded for a period of 8 years and 9 month s from the commencementdate of the franchise agreement, provided that the provisions of this Resolu tion and the

Date Adopted: 11 /29/12Date Approved: 11 /29/12Effective Date: 11 /29/12

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Resolution No. 2012-216

4. The form of the exclusive franchise agreement is on file in the City Clerk's Office.

5. A public hearing on the granting of this exclusive franchise shall be held at 5:00 p.m. onThursday, December 13, 2012 at the regular meeting of the City Council, Fresno CityHall , 2600 Fresno Street, Fresno, California 93721. The hearing may be continued fromtime to time as permitted by the Code.

6. At the time and place set forth in this Resolution for the public hearing, any interestedperson, may appear and be heard, and the testimony of all interested persons for oragainst the granting of the exclusive franchise agreement will be heard and considered.Any protest may be made either orally or in writing. All written protests shall be filedwith the City Clerk on or before the time fixed for the public hearing, written protestsmay be withd rawn in writing at any time prior to the conclusion of the hearing.

7. The City Clerk is hereby directed to publish a Notice (the "Notice") of the hearing asdefined in Section 130 I of the Charter of the City of Fresno, in the form required by theCharter, within fifteen (15) days of the passage of this Resolution, in a newspaper ofgeneral circulation within the City. Said Notice shall be publi shed at least ten (l0) daysprior to the date of the public hearing.

8. At the conclusion of the hearing, if the Council determines to grant the residential solidwaste franchise agreement, it shall adopt an ordinance granting the franchise on the termsand conditions specified in this Resolution.

I.

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Resolution No. 2012-216

* * * * * * * * * * * * * *STATE OF CALIFORNIA )COUNTY OF FRESNO ) ss.CITY OF FRESNO )

I, YVONN E SPENCE, City Clerk of the City of Fresno, certify that the foregoingresolution was adopted by the Council of the City of Fresno, at a regular meeting held on the29th day of November, 2012 .

AYESNOESABSENTABSTAIN

Borgeas, Brand , Westerlund, OlivierBaines, Quintero, XiongNone

: None

YVONNE SPENCE, CMCCity Clerk

[RSW Rcso ofI ntcnt /Rcso] Rcv. I I-20- I2

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