HomeMy WebLinkAboutResolution No. 8790RESOLUTION NO. 8790
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; July 7, 1986; June 29, 1987; June 14, 1988;
June 29, 1989; 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 increasing
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 15th day of January,
1990.
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 15th day of January 1990,
by the following vote of the Council:
AYES:
COUNCIL
MEMBERS:
AVILA, STEMRICH, NARANJO, LATTA, MOSES
NOES:
COUNCIL
MEMBERS:
NONE
ABSENT:
COUNCIL
MEMBERS:
NONE
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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; June 29, 1987; June 14,
1988; and June 29, 1989 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
six dollars and fifty-five cents ($6.55), effective
January 1, 1990 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. 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, 1972; July 1, 1974; October 4, 1976;
February 4, 1980' June 11, 1983; January 21, 1985; July
1, 1986; June 29, 1987; June 14, 1988; and June 29, 1989
remain in full force and effect.
CITY OF AZUSA
BY //. 70�0
Eugbne F. Moses, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
WESTERN DISPOSAL COMPANY
BY
Boblen Hartunian, President