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f <br /> To: The Honorable John Garthe , . poll, Date October 21 ,._1976_ <br /> Mayor x, <br /> From: Michael J . Karger , DepUtj' Cit <br /> Attorney CA-- IL, I <br /> subje*, IMPACT OF AB 1938 ON OUR REFUSE_COLLECTION CONTRACT <br /> On January 1 , 1977 , Assembly Bill 1938 will become operative . <br /> This bill adds a chapter to the California Health and Safety Code re- <br /> lating to solid waste enterprises . It is a poorly drafted piece of <br /> legislation , in that it seems the Legislature desires to mandate a <br /> five year phase out of existing garbage service before a city can pro- <br /> vide alternative service, but the bill never comes out and says just <br /> that . Instead , it states in relevant part , "that if the solid waste <br /> enterprise has an exclusive franchise or contract then the solid waste <br /> enterprise shall continue to provide such services and shall be limited <br /> to the unexpired term of a contract or franchise or five years , which- <br /> ever is less . " The City ' s present contract with Great Western Reclama- <br /> tion expires within five years , and therefore the bill would seem to <br /> have no impact on our contract with them . However , certain language <br /> in the bill could be construed to mean that a city cannot contract for <br /> solid waste enterprises for a period of more than five years at a time . <br /> It does not seem however , that this is what the Legislature intended, <br /> and such construction would be of doubtful validity . <br /> As stated above , it seems that the Legislature intended to <br /> provide a five year phase out for existing garbage services , should a <br /> city wish to provide alternative service . Reading between the lines , <br /> the bill is designed to protect solid waste enterprises should a city <br /> desire , in the middle of a contract, to provide its own refuse collec- <br /> tion services . Until such time as Santa Ana desires to take such action , <br /> this bill would have no impact on our refuse collection contract . <br /> A copy of the bill is attached for your information and perusal . <br /> / /4(Ric,k1/ 7 <br /> MICHAEL 3 , .K.A ,GER <br /> r� , Deputy Cilj ,/ttorney <br /> ` APPROVE : <br /> ci <br /> KEITH L . GOW <br /> etztl <br /> City Attorney <br /> 2 <br /> MJK: nr <br /> k 1 <br />