HomeMy WebLinkAboutResolution No. 91-C0400 0
RESOLUTION NO. 91-C40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVING AN AMENDMENT TO THAT CERTAIN
AGREEMENT DATED JULY 11 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; January 15, 1990; 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.
1991. PASSED, APPROVED AND ADOPTED this 6th day of May,
MAYOR
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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 6th day of May, 19910
by the following vote of the Council:
AYES: COUNCIL MEMBERS:DANGLEIS, STEMRICH, NARANJO,
ALEXANDER, 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; June 29, 1989; and January 15, 1990 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
Seven Dollars and Seventy-five Cents ($7.75), effective
April 1, 1991 per month per dwelling unit, for the full
term of this agreement, subject however to the adjust-
ments 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 February
28, 1991 is 12,527. 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."
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3. 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
11 1986; June 29, 1987; June 14, 1988; June 29, 1989; and
January 15, 1990 remain in full force and effect.
CITY OF AZUSA
BY Q
mgphe F. Moses, Mayor
Adolpli.So}is, City Clerk
,fit �1
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
WESTERN DISPOSAL COMPANY
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BY
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