HomeMy WebLinkAboutResolution No. 91-C098AID 14
RESOLUTION NO. 91-C98
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA APPROVING THE TWELFTH
AMENDMENT TO RESIDENTIAL RUBBISH
FRANCHISE AGREEMENT BETWEEN THE CITY OF
AZUSA AND WESTERN DISPOSAL COMPANY
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 3. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. On July 1, 1968, the City entered into a
Residential Rubbish Franchise Agreement with
Western Disposal Company and amended said Agreement
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 April 1, 1991.
B. The health, safety and general welfare of the
City of Azusa is enhanced by the adoption of this
Amendment to the Agreement by providing for
clarification of the status of recyclable
materials, procedures for sale or assignment of the
franchise, and allowing for the extension of the
term of the franchise to 2002.
SECTION 2. The City Council of the City of Azusa
hereby approves the "Twelfth Amendment to Residential
Rubbish Franchise Agreement" 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 -jcth_ day of
July , 19 91
i
IMMM,/,i.
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
July , 1991, by the following vote of the
Council:
AYES: COUNCILMEMBERS DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT:
-2-
pmt/RES440015
OL
"TWELFTIi AMENDMENT TO RESIDENTIAL
RUBBISH FRANCHISE 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; January
15, 1990 and April 1, 1991 ("Agreement") is hereby further
amended as follows:
1. Paragraph (2) of the Agreement is hereby
amended to read as follows:
"(2) Term. This Agreement shall
terminate at midnight on the .thirty-first
(31st) day of August, 2002."
2. Paragraph 3.(c) is hereby amended to
read as follows and a new paragraph 3.(d) is
hereby added to the Agreement to read as follows:
"(c) Contractor shall pick up rubbish
deposited in or near the alleys in such
portions of the City as are now, or
hereafter may be served by alleys, and in
such portions of the City as are not, or
may not be, served by alleys, rubbish
shall be picked up from the front of the
particular lot.
(d) All rubbish collected by Contractor
shall become the property of the
Contractor immediately upon the
collection thereof, and shall be removed
by him, the same day, to a place of
disposal to be designated by the City
except for recyclables as provided in
subparagraph (e). In the event the City
does not designate a place of disposal,
the rubbish shall be removed by
Contractor to a place of disposal to be
established and/or furnished by
Contractor."
(e) Contractor shall remove recyclable
materials from the rubbish collected.
7/9/91
"Recyclable materials" as used in this
Agreement shall mean materials which can,
be removed from the rubbish and sold or
conveyed to a person for eventual reuse.
3. Paragraph (11) of the Agreement is hereby
amended to read as follows:
"(il) Termination on Sale or
Assignment. Contractor agrees that at
least fifty-one percent (51%) of its
corporate stock shall, at all times
throughout this Agreement, continue to be
owned by Bobken Hartunian, unless the
City agrees in writing otherwise. No
part of any duties to be performed by
Contractor under this Agreement shall be
transferred or assigned by it unless the
City agrees in writing otherwise. In
determining whether to approve any sale,
transfer or assignment as described in
this paragraph, City shall apply
commercially reasonable factors,
including but not limited to the ability,
financial and otherwise, of the buyer,
transferee or assignee to a) perform the
obligations of the Contractor under this
Agreement, b) provide service to
customers equal to or better than service
provided by Contractor over the course of
the Agreement term, and c) comply with
all applicable laws and regulations
concerning rubbish collection and
disposal. In the event any sale,
transfer or assignment of Contractor or
Contractor's interest in this Agreement
occurs without City approval, City may
terminate this Agreement upon written
notice to all parties.
4. Except as specifically provided in 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; July 1, 1986; June 29, 1987; June 14, 1988; June
29, 1989; January 15, 1990 and April 1, 1991 remain in full
force and effect.
-2-
pmt/AGR591602
7/9/91
a 0
5. This Amendment to Agreement shall be dated and
effective as of July 15, 1991.
CITY OF AZUSA
ByJ`'i'%'
Eugdne F. Moses,, Mayor
ammcam.
&14.
Peter M. Thorson, City Attorney
WESTERN DISPOSAL COMPANY
By
Bobken Hartunian, President
-3-
pmt/AGR591602
7/9/91