HomeMy WebLinkAboutResolution No. 8435rI
RESOLUTION NO. 8435
0
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,
July 1, 1974;
1983; January 21
said agreement
October 4, 1976;
, 1985; July 7,
was amended on August 6, 1971;
February 4, 1980; June 11,
1986; and June 29, 1987; 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 14th day of June,
1988.
0 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 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
EXHIBIT 'A'
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; January 21, 1985; July 7, 1986; and June 29,
1987; amd 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 Five Dollars and Sixty -Five Cents ($5.65),
effective July 1, 1988 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
each month. It is agreed by the parties, for the
purpose of this agreement only, that the amount of
units as of June 1, 1988 is 11,723. The City and the
Contractor may agree to a different unit count at any
time, if so appropriate. If the parties cannot agree
to a unit count, then an adjustment shall be based on
the actual count made at the equal expense of both
parties."
2. Paragraph (2) "Term", as amended, is amended to
extend the Agreement for an additional period of five (5)
years to and including the 31st day of August, 1997.
0 0
3. Except as amended in Paragraph 1 and 2 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, 1972; July 1, 1974;
October 4, 1976; February 4, 1980; June 11, 1983;
January 21, 1985; July 1, 1986; and June 29, 1987;
remain in full force and effect.
CITY OF AZUSA
By
�`� a�Eu n�M,Mayor
ATTEST:
Ado A. So s, ity Clerk
APPROVED AS TO FORM:
eter M. horson, City Attorney
WESTERN DISPOSAL COMPANY
By
, "/af !
Bo ken Hartunian, President