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HomeMy WebLinkAboutResolution No. 84360 RESOLUTION NO. 8436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THAT CERTAIN AGREEMENT DATED JANUARY 21, 1985 BETWEEN THE CITY OF AZUSA AND WESTERN DISPOSAL COMPANY, AS AMENDED, RELATING TO THE COLLECTION OF COMMERCIAL AND INDUSTRIAL 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 January 21, 1985 the City entered into an agreement with Western Disposal for the exclusive collection of all commercial and industrial garbage and rubbish within the City of Azusa; and WHEREAS, such agreement was amended on July 7, 1986; and WHEREAS, the City Council finds and determines that the fee for commercial and industrial rubbish collection as set by the amendment to the agreement approved by this resolution is fair and reasonable given the cost of providing the services, the increases in the contractor's cost to provide the service, and the fact that the new fee will continue to be among the lowest in the San Gabriel Valley; and WHEREAS, the fee established by the amendment to the agreement approved by this resolution is necessary for the continued preservation and protection of the health, safety and general welfare of the citizens of Azusa; and WHEREAS, the City Council 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 commercial and industrial garbage and rubbish within the City by the exclusive agreement with Western Disposal Company and the amendment to this agreement approved 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 and 21087 and Section 15273 of teh CEQA Guidelines in that the Council finds and determines that the revenue from the fees set by the amendment to the agreement approved by this resolution will be used for the purpose of meeting increased operating expenses for this 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 No. 2 Agreement Between City of Azusa and Western Disposal Company for Collection of Commercial and Industrial Rubbish", as amended, amending the agreement between the City of Azusa and Western Disposal Company dated January 21, 1985 and authorizes the Mayor to execute said amendment on behalf of the City in substantially the form attached hereto as Exhibit "A". 0 0 SECTION 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 14th day of June, 1988. 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 14th day of June 1988, by the following vote of the Council: AYES: COUNCIL MEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AMENDMENT NO. 2 TO AGREEMENT BETWEEN CITY OF AZUSA AND WESTERN DISPOSAL COMPANY, AS AMENDED, FOR COLLECTION OF COMMERCIAL AND INDUSTRIAL RUBBISH That certain Agreement entered into between the City of Azusa, a municipal corporation, ("City") and Western Disposal Company ("Contractor") relating to the collection of commercial and industrial rubbish within the City of Azusa dated January 21, 1985 and amended on July 7, 1986 is hereby amended as follows: 1. Exhibit "A" dated July 1, 1986 and attached to the Agreement dated January 21, 1985, as amended, and pertaining to the maximum rates to be charged by the contractor and the intervals of collection, is hereby deleted, and a new Exhibit "A" attached hereto, shall be substituted in its place with new rates and intervals specified therein to be effective as of July 1, 1988. 2. Paragraph 12 of the Agreement is amended as follows: The expiration date of August 31, 1992 is replaced with August 31, 1997. 3. Except for the above amendments, the remainder of the agreement between the parties hereto dated January 21, 1985, as amended on July 7, 1986, remains in full force and effect. CITY OF AZUSA By Eug a F. Moses, Mayor ATTEST: Z� 4�a Ad ph So i , City Clerk APPROVED AS TO FORM: WESTERN DISPOSAL COMPANY Bo ten Hartunian, President J