HomeMy WebLinkAboutResolution No. 80640 0
RESOLUTION NO. 8064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA APPROVING AN AMENDMENT TO THAT
CERTAIN AGREEMENT DATED JULY 1, 1968, BETWEEN
THE CITY OF AZUSA AND WESTERN DISPOSAL COMPANY,
AS AMENDED, RELATING TO THE COLLECTION OF
RESIDENTIAL GARBAGE AND RUBBISH WITHIN THE CITY
OF AZUSA
WHEREAS, the City is authorized to provide for the
collection of garbage and rubbish within the City by exclusive
agreement; and
WHEREAS, on July 1, 1968, the City entered into an
agreement with Western Disposal for the exclusive collection
of all residential garbage and rubbish within the City of Azusa
by Western Disposal; and
WHEREAS, said agreement was amended on August 6, 1971;
July 1, 1974; October 4, 1976; February 4, 1980; June 11, 1983;
and January 21, 1985; and
WHEREAS, the City Council of the City of Azusa finds
and determines that for the purpose of insuring continued protec-
tion and preservation of the public health, welfare and convenience
of the people of the City, it is advisable to provide for the
collection of residential garbage and rubbish within the City
by the exclusive agreement with Western Disposal Company, as
amended, and the amendment to said agreement proposed by this
resolution; and
WHEREAS, this action is statutorily exempt from the
provisions of the California Environmental Quality Act pursuant
to Public Resources Code Sections 21083, 21087, and Section 15273
of the CEQA Guidelines in that the City Council of the City of
Azusa finds and determines that the revenue from the fees set
by this resolution will be used for the purpose of meeting
increased operating expenses for the service required by the
increase in rates of the disposal contractor, and that the
revenue from said fees will not be used to specifically fund
capital projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF AZUSA AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
hereby approves the "Amendment to Agreement" amending the agree-
ment between the City of Azusa and Western Disposal Company
dated July 1, 1968, as amended, and authorizes the Mayor to
execute said amendment on behalf of the City in substantially
the form attached hereto as Exhibit "A."
SECTION 2. The City Clerk shall certify the adoption
of this resolution.
PASSED, APPROVED AND ADOPTED this 7th day of July ,
6C�lL2ZC� . 1
/�' MAYOR
0
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa, at a
regular meeting thereof, held on the 7th day of July
1986, by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
AVILA, COOK, LATTA, MOSES
NONE
ABSENT: COUNCIL MEMBERS: CRUZ
-2-
0 0
AMENDMENT TO AGREEMENT
That certain agreement entered into between the City
of Azusa, a municipal corporation, ("City") and Western Disposal
Company ("Contractor") dated July 1, 1968, and amended on
August 6, 1971; July 1, 1974; October 4, 1976; February 4, 1980;
June 11, 1983; and January 21, 1985; is hereby further amended
to read as follows:
1. Paragraph 13 of said agreement, as amended, is
hereby amended to read as follows:
"13. Payments. The City agrees to pay Contractor
the sum of Four Dollars and Eighty -Five Cents ($4.85),
effective July 1, 1986, per month per dwelling unit, for
the full term of this agreement, subject, however, to
the adjustments hereinafter mentioned in this paragraph.
It is agreed by the parties, for the purpose of this
agreement only, that the number of dwelling units as of
January 1, 1985, is 9,968. Due to the growth in popula-
tion of the City, it is further agreed that an adjustment
as to the number of such dwelling units shall be made
at the end of each three-month period during the term
of this agreement. Such adjustment shall be agreed
upon by the City and the Contractor, based upon the actual
number of such units, and if no such agreement can be
reached, such adjustment shall be based on the actual
count made at the equal expense of both parties.
"Commencing on July 1, 1986, and annually on each
July 1 thereafter, provided that either party has given
to the other written notice of at least sixty (60) days
before each July 1 of its desire to have a readjustment
made, the unit price as above indicated, shall be
readjusted by the parties hereto in proportion to the
increase or decrease in the reasonable change of costs
to the Contractor for providing the services set forth
in this agreement; such adjusted figure shall thereafter
0
0
be used in lieu of such unit price figure. Payments
under this agreement shall be made to Contractor by
City on or before the 10th day of each month commencing
on and after August 10, 1986, and shall cover, respec-
tively, the services rendered by Contractor during
the preceding calendar month."
2. Except as amended in Paragraph 1 of this Amendment
to Agreement, the remainder of the agreement between the parties
hereto dated July 1, 1968, and the amendments hereto, dated
August 6, 1971; July 1, 1974; October 4, 1976; February 4, 1980;
June 11, 1983; and January 21, 1985, remain in full force and
effect.
CITY OF AZUSA
By
Eug e F. Moses, Mayor
ATTEST:
Adolp Solis, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
WESTERN DISPOSAL COMPANY
By
'Bobkeri Hartunian
President
-2-