HomeMy WebLinkAboutResolution No. 8273RESOLUTION NO. 8273
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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; January 21, 1985; and July 7, 1986; and
WHEREAS, the City Council of the City of Azusa finds and
determines that for the purpose of ensuring continued protection
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 agreement
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 29th day of June,
1987.
MAYOR
I HEREBY CERTIFY that the foregoinResolution was duly
adopted by the City Council of the City of Azusa, at a regular
meeting thereof, held on the 29th day of June 1987,
by the following vote of the Council:
AYES: COUNCIL MEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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AMENDMENT TO AGREEMENT
EXHIBIT "A"
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; January 21, 1985; and July 7, 1986; is hereby further
amended to read as follows:
1. Paragraph 13 of said agreement, as amended, is
hereby amended to read as follows:
1113. Payments. The City agrees to pay Contractor the
sum of Five Dollars and Thirty -Five Cents ($5.35),
effective July 1, 1987, per month per dwelling unit,
for the full term of this agreement, subject, however,
to the adjustments hereinafter mentioned in this
paragraph. The number of dwelling units shall be equal
to the actual number of refuse collection units billed
each month by City's utility billing computer system.
Payment to Contractor shall be made at the end of each
month for the full number of units billed by the City.
The unit count shall be adjusted upward and downward
on a monthly basis according to the actual billing
registers of the Utility Department. The City shall
pay the full amount of the amount due to the Contractor
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each month. It is agreed by the parties, for the
purpose of this agreement only, that the amount of
units as of June 1, 1987, is 11,453. Any adjustment
other than that described above shall be based on the
actual count made at the equal expense of both parties."
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; January 21, 1985; and July 1, 1986; remain in full
force and effect.
CITY OF AZUSA
BY
Eu g a F. Moses, Mayor
ATTZ � IA. 4/ // / Z1.
EST:
Adoolph F1 Solis, City Clerk
APPROVED AS TO FORM:
144 A
Peter M. Thorson
City Attorney
WESTERN DISPOSAL COMPANY
BY,�Z6L�'
Bobken Hartunian
President -2-