HomeMy WebLinkAboutResolution No. 95-C90SRC48379
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RESOLUTION NO. 95-C90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AN AMENDMENT TO THAT CERTAIN AGREEDIENT
DATED JULY 19 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 Company; and
WHEREAS,said agreement was amended on August 6,1971; July 1, 1974; October
4,1976; February 4,1980; July 11,1983; January 21,1985; July 7,1986; June 29,1987; June
14,1988; June 29,1989; January 15,1990; May 6,1991; June 15,1992; and July 5,1994; and
WHERREAS,the City Council of the City of Azusa finds and determines that for the
purpose of insuring 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 Projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa
as follows:
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 authorize that the Mayor execute said
amendment on behalf of the City in substantially the form attached hereto as Exhibit "A."
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2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 24thday of July, 1995.
MAYOR
I HEREBY CERTIFY that the foregoing Resolution No. 95-C90 was duly
adopted by the City Council of Azusa, at a regular meeting thereof, held on the 24th day
of July, 1995, by the following vote of the Council.
AYES: COUNCIL MEMBERS: Hardison, Naranjo, Beebe, Alexander
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Madrid
14'�ool"I-lv /Z/�.
APPROVED AS TO FORM:
C ty Attorney
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1. Paragraph 13 of said Agreement, as amended, is hereby amended to read as
follows: "13. PEvments. The City agrees to pay Contractor the sum of Nine Dollars and
twenty-two cents ($9.22) per month, per dwelling unit, effective July 1, 1995, 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 purposes of this agreement only, that the amount of units as of May 31, 1995, is
13,078. 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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2. Except as amended in Paragraph 1 of this Amendment
remainder of the agreement between the parties hereto dated July
amendments thereto, shall remain in full force and effect.
CITY OF AZUSA
By:
Stephen Alexander, Mayor
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
City Attorney
WESTERN DISPOSAL CANY
ByF.A
Bbbken artunian, President
SRC48379
to Agreement, the
1, 1968, and the
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2. Except as amended in Paragraph 1 of this Amendment
remainder of the agreement between the parties hereto dated July
amendments thereto, shall remain in full force and effect.
CITY OF AZUSA
By: "I I
Stephen Alexinder, Mayor
APPROVED AS TO FORM:
BEST,
BEST
` & KRIEGER /
6
City Attorney
WESTERN DISPOSAL COMPANY
By:
Bobken Harmian, President
to Agreement, the
1, 1968, and the