HomeMy WebLinkAbout1999-05-11 - RESOLUTIONS - APPROVE STOCK PURCHASE (4)RESOLUTION 99-85
A RESOLUTION OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DETERMINING THAT THE PUBLIC
HEALTH, SAFETY AND WELL-BEING REQUIRE THAT
THE CITY APPROVE THE PURCHASE OF STOCK
IN ATLAS TRANSPORT, INC.
BY REPUBLIC SERVICES, INC.
WHEREAS, The legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, ("AB 939") established a solid waste
management process which requires cities and other local jurisdictions to implement plans
for source reduction, reuse and recycling as integrated waste management practices; and
WHEREAS, The City is obligated to protect the public health and safety of the residents of
the City of Santa Clarita; and
WHEREAS, The collection of Solid Waste should be made in a manner consistent with the
exercise of the City's police power for the protection of public health and safety; and
WHEREAS, The Public Resources Code, including § 40059, provides that aspects of the
solid waste handling of local concern include but are not limited to frequency of collection,
means of collection and transportation, level of services, charges and fees, and nature,
location and extent of providing by means of nonexclusive, partially exclusive or wholly
exclusive franchise, contract, license or otherwise which may be granted by local
government under terms and conditions prescribed by the governing body of the local
agency; and
WHEREAS, REPUBLIC SERVICES, INC. has represented and warranted to the City that
it has the intent to acquire, subject to the City's approval, all of the stock in ATLAS
TRANSPORT, INC. which is a party to that certain agreement with the City
"AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND ATLAS TRANSPORT,
INC. FOR INTEGRATED WASTE MANAGEMENT FOR RESIDENTIAL AREAS" dated
February 20, 1991 and as amended on October 13, 1992; February 9, 1993; August, 24,
1993; January 25, 1994; December 13, 1994; November 28, 1995; July 9, 1996, September 3,
1996; September 24, 1996; April 8, 1997; December 9, 1997; January 27, 1998 and February
24, 1999 and that agreement with the City "AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND ATLAS TRANSPORT, INC. FOR THE COLLECTION, DISPOSAL,
TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF COMMERCIAL
SOLID WASTE" dated July 23, 1993 and as amended on July 9, 1997 and October 22, 1997.
WHEREAS, City has carefully considered a request from REPUBLIC SERVICES, INC. to
approve the stock purchase agreement in Atlas Transport, Inc., which would result in the
acquisition of the latter by REPUBLIC SERVICES, INC.; and
WHEREAS, the City, in evaluating this request, has considered factors which included, but
were not limited to, cost, quality of service, ability to implement measures to comply with
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES §
CITY OF SANTA CLARITA
I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution Number 99-85 was duly adopted by the City Council of the City of
Santa Clarita at a regular meeting thereof, held on the lith day of
may , 1999, by the following vote of the Council:
AYES: COUNCILMEMBERF% Klajic, Heidt, Ferry, Weste, Darcy
NOES: COUNCILMEMBERSc None
ABSENT: COUNCILMEMBERS. None
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CITY CLERK
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AB 939, ability to meet obligations of indemnification provisions and air pollution impacts;
and
WHEREAS, City and REPUBLIC SERVICES, INC. are mindful of the provisions of the
laws governing the safe collection, transport, recycling and disposal of Solid Waste,
including AB 939, the Resource Conservation Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et
seg. And the Comprehensive Response, Compensation and Liability Act ("CERCLA") 42
U.S.C. §§ 9601 et seci.; and
WHEREAS, REPUBLIC SERVICES, INC. has represented and warranted to City that it
has the experience, responsibility and qualifications to conduct recycling programs, to
provide City with information sufficient to meet the City's reporting requirements under
AB 939, to collect, transport, and dispose of Solid Waste in a safe manner which will
minimize the adverse effects of collection vehicles on air quality and traffic;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does now
resolve as follows:
SECTION 1. The City Council does hereby find, determine and declare that pursuant to
Public Resource Code Section 40059(a)(1) and City review that the City approves
acquisition of the stock of the Atlas Transport, Inc. by REPUBLIC SERVICES, INC. on
terms satisfactory to the City Manager and in a form approved by the City Attorney.
SECTION 2: The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED THIS 11 th day of May I
1999.
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CITY CLERK