HomeMy WebLinkAboutResolution No. 92-C082 RESOLUTION NO. 92—C82
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; June 14, 1988; June 18,
1990; and April 1.5, 1991; 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 the 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 approved the "Amendment
to No. 5 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".
SECTION 2. The City Clerk shall certify the adoption of this resolution.
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PASSED, APPROVED AND ADOPTED THIS 15th DAY OF june, 1992.
MAYOR
I HEREBY CERTIFY that the foregoing Resolution No. 92-C82 was duly adopted by
the City Council of the City of Azusa, at a regular meeting thereof, held on the 15th day of
NNE 1992, by the following vote of the Council.
AYES: COUNCIL MEMBERS: DANGLEIS, MADRID, ALEXANDER, MOSES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NARANJO
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AMENDMENT NO. 5 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; June 14, 1988; June 18, 1990; and April 15, 1991 is hereby
amended as follows:
"1. Exhibit "A" dated June 14, 1988 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, 1992.
2. Except for the above amendments, the remainder of the Agreement between
the parties hereto dated January 21, 1985 as amended on July 7, 1986; June
14, 1988; June 18, 1990; and April 15, 1991 remains in full force and
effect.
CITY OF AZUSA
P igen F. Moses, Mayor
ATTEST:
B _
Adolph S 's, City r•c
APPROVED AS TO FORM:
By: < (/
Robert Wadden, City Attorney
WESTERN DISPOSAL COMPANY
By: `
Bobken Hartunian, President