HomeMy WebLinkAboutResolution No. UB- 08-C021• 0
RESOLUTION NO. NO. 08-C21
A RESOLUTION OF THE AZUSA UTILITY BOARD/CITY
COUNCIL OF THE CITY OF AZUSA, AMENDING
AGREEMENT WITH ATHENS SERVICES TO CHANGE
ANNIVERSARY DATE OF CONSUMER PRICE INDEX.
WHEREAS, the City of Azusa entered into an Agreement with Athens
Services on October 2, 2000; and
WHEREAS, the Agreement uses an anniversary date of April 1 for
changes in the Consumer Price Index ("CPP') to adjust rates for refuse services; and
WHEREAS, recent court rulings regarding Proposition 218 require that a 45 -
day notice be provided to affected property owners of pending rate adjustments; and
WHEREAS, the current anniversary date of April 1 does not provide enough
time to calculate rate adjustments effective July 1, given the new property owner
notification requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES HEREBY ADOPT THE FOLLOWING:
SECTION 1. Adoption of Amendments. The Amendment to the
Agreement with Athens Services as set for in attachment to this resolution as Exhibit "A"
is hereby adopted.
SECTION 2. Document Execution. The City Clerk shall certify adoption of
this resolution and obtain executed amendment from Athens Services.
PASSED, APPROVED AND ADOPTED this 24th day of March, 2008.
ATTEST:
Joseph R. Rocha
Mayor
City Clerk
9 0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Resolution No. No. 08-C21, was duly introduced and adopted at a regular
meeting of the Azusa Utility Board/City Council on the 24th day of March 2008, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
Vera Mendoza
City Clerk
EXHIBIT "A"
AMENDMENT NO. 10
This tenth amendment to the Exclusive Franchise Agreement is entered into this
24" day of March 2008, by and between the City of Azusa, a municipal corporation ("City")
and Arakelian Enterprises, Inc., a California Corporation ("Contractor").
Effective March 24, 2008, Section 5.01 B(ii) shall read as follows:
"(ii) CPI Adlustments - Processing cost component shall be adjusted by changes in the
CPI. The base for computing the adjustment is the index figure available for the month
of January (the Index Date), as shown in the CPI. December 31 of each year following
the index date shall be the rate modification date. The annual index change between
the index date and rate modification date shall be the basis for computing the
percentage increase or decrease applied to the rate. For example, assuming the base
figure on the index date is 100 and the index figure on the rate modification date is
103, the percentage to be applied to the specified rate component is 103/100 - 1 =
.03. A three (3) percent increase would be applied to the per ton MRF Processing
cost. After each annual rate change, the percentage change in the index between
January and December shall be used to make the following year's adjustment.
As soon as possible after the rate modification date, City shall send to Contractor a
comparative statement setting out: (1) the index value for the index date; (2) the index
value on the rate modification date; (3) the net percentage change; and (4) the
increase or decrease in the fees which may be charged for the ensuring year
commencing on or after July 1. The Contractor shall work with the City to check all
rate adjustment calculations and come to agreement on proposed changes in
sufficient time to allow a 45 day public notice to all refuse customers of City Council
meeting at which approval of the new rates will be considered."
IN WITNESS WHEREOF, the parties have executed this Amendment No. 10 as
of the date first set out herein.
Date: 3- ) o — 0 k
CITY OF AZUSA
A Municipal Corporation
/�"llal�
oseph R. Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerf
Date:
ARAKELIAN ENTERP ES, INC.
d.b.a. ATHENS SERV CES
4- uq
APPROVES AS TO FORM:
est Best & Krieger, LLP
City Attorney