HomeMy WebLinkAboutResolution No. 00-C1160
RESOLUTION NO. 00-C116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA ("CITY") AUTHORIZING THE EXECUTION OF AN
AMENDED AND RESTATED FRANCHISE AGREEMENT
FOR REFUSE COLLECTION, RECYCLING AND DISPOSAL
SERVICES BETWEEN THE CITY AND ARAKELIAN
ENTERPRISES, INCORPORATED, D.B.A. ATHENS
SERVICES ("CONTRACTOR").
RECITALS
WHEREAS, on August 1, 1995, the CITY adopted a residential exclusive
franchise agreement and a commercial exclusive franchise agreement with the CONTRACTOR
for solid waste collection and disposal services; and
WHEREAS, in both agreements adopted by the CITY and CONTRACTOR on
August 1, 1995, the CONTRACTOR agreed to implement various recycling programs and
indemnify the CITY against fines and penalties that may be imposed pursuant to the California
Integrated Waste Management Act of 1989 ("AB 939"); and
WHEREAS, continuation of the indemnity provision for the year 2000 and each
year thereafter was subject to the CITY and CONTRACTOR mutually agreeing on the
implementation of programs necessary to divert fifty (50) percent of Azusa's waste from
landfills; and
WHEREAS, the CONTRACTOR has provided the CITY with a proposal to
divert 13,000 tons of solid waste it collects through material recovery facility or "MRF"
processing, which, as determined by the CITY, should result in fifty (50) percent waste diversion,
and has agreed to continue its obligation to indemnify the CITY against all AB 939 fines and
penalties if this proposal is approved; and
WHEREAS, the CITY desires to approve a restatement of the 1995 agreements to
clarify the CONTRACTOR'S AB 939 responsibilities, continue the CONTRACTOR'S
obligation to indemnify the CITY against AB 939 fines and penalties, and continue to have
CONTRACTOR collect residential and commercial solid waste on an exclusive basis within the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. That the Mayor and City Clerk of the CITY are hereby authorized to
execute the amended and restated franchise agreement for refuse
collection, recycling and disposal services ("Agreement") between the City
of Azusa and Arakelian Enterprises, Inc., as attached hereto and made a
part thereof by reference as though the same were set forth in full herein.
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Section 2. Execution of this Agreement by the CITY is conditional upon the prior
execution by the CONTRACTOR and its legal counsel to the satisfaction
of the City Attorney.
Section 3. That this Agreement shall become effective and be in force as of October
2, 2000.
Section 4. That the Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Resolution and thereupon the same shall take effect
and be in force.
PASSED AND APPYXI is d day of October 2000.
Mayor
I HEREBY CERTIFY that the foregoing resolution was duly passed by the City Council
of the City of Azusa at a regular meeting thereof on the 2nd day of October 2000, by the
following vote of the City Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE
NOES: COUNCIL MEMBERS: MADRID