HomeMy WebLinkAbout2006-11-14 - RESOLUTIONS - BURRTEC ANNUAL EVALUATION (2)RESOLUTION NO. 06-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARrrA, CALIFORNIA, APPROVING THE FOURTH
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL
SOLID WASTE MANAGEMENT SERVICES
WHEREAS, the City is empowered under Section 7 of Article 11 of the California
Constitution to make and enforce, within its limits, all police and sanitary ordinances and
regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code § 40059 authorizes the City to determine all
aspects of handling of solid waste which are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location and
extent of waste handling services; and
WHEREAS, on November 20, 2003, the City and Burrtec Waste Industries, Inc. entered
into - that certain "AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES" (the "Agreement"); and
WHEREAS, pursuant to Section 4.2.5 of the Agreement, Burrtec Waste Industries, Inc. is
required to divert a minimum of 25 percent of all Solid Waste Collected by the second full
calendar year (starting January 1, 2006) following the Commencement Date (August 1, 2004)
and 50 percent by the third full calendar year (starting January 1, 2007) following the
Commencement Date; and
WHEREAS, the City and Burrtec desire to amend that certain "AGREEMENT
BETWEEN THE CITY OF SANTA CLAR1TA AND BURRTEC WASTE INDUSTRIES, INC.
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES" by changing certain
dates and terms relative to the minimum diversion rates as outlined in Section 4.2.5 and give
Council the authority to change certain dates and terms relative to the minimum required
diversion amounts.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
resolve, determine and order as follows:
SECTION 1. The City Council does hereby find, determine and declare pursuant to
California Public Resources Code § 40059(a)(1) and § 7 of Article 11 of the California
Constitution that the public health, safety and well-being require approval of that certain
"FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES" (the "Fourth Amendment") a copy of which is attached. The
Mayor is authorized to execute the Fourth Amendment on behalf of the City.
PASSED, APPROVED AND ADOPTED this 14th day of November, 2006.
a'
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 14th day of November, 2006, by the following vote:
AYES: COUNCILMEMBERS: Ferry, McLean, Kellar, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Smyth
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 06-102, adopted by the City Council of the City
of Santa Clarita, California on November 14, 2006, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk
FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR
COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, ("Fourth
Amendment") is entered into this day of , 2006, between the
City of Santa Clarita, California, a California municipal corporation ("City") and Burrtec
Waste Industries, Inc., a California corporation ("Burrtec") to amend that certain
"AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC
WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE MANAGEMENT
SERVICES" (the "Agreement'), dated November 20, 2003.
RECITALS
WHEREAS, the City is empowered under section 7 of article XI of the California
Constitution to make and enforce, within its limits, all police and sanitary ordinances and
regulations not in conflict with general laws; and
WHEREAS, in partial implementation of section 7 of article XI of the California
Constitution, California Public Resources Code § 40059 authorizes the City to determine
all aspects of handling of solid waste which are of local concern, including the frequency
of collection, means of collection and transportation, level of services and nature,
location and extent of waste handling services; and
WHEREAS, on November 20, 2003, the City and Bun -tee entered into that
certain "AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES" and
WHEREAS, pursuant to Section 4.2.5 of the Agreement, Burrtec Waste
Industries, Inc. is required to divert a minimum of 25 percent of all Solid Waste Collected
by the second full calendar year (starting January 1, 2006) following the Commencement
Date (August 1, 2004) and 50 percent by the third full calendar year (starting January I,
2007) following the Commencement Date; and
WHEREAS, City and Burrtec desire to amend that certain "AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE
INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE MANAGEMENT
SERVICES" by changing certain dates and terms relative to the minimum diversion rates
as outlined in Section 4.2.5 and give Council the authority to change certain dates and
terms relative to the minimum required diversion amounts;
NOW THEREFORE, City and Burrtec, in consideration of their mutual
promises, amend that certain "AGREEMENT BETWEEN THE CITY OF SANTA
CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL
SOLID WASTE MANAGEMENT SERVICES" as follows:
SECTION 1. In Section 4.2.5 of the Agreement, the first and second sentences
are amended to read as follows, "Beginning with the third full calendar year (January 1,
2007) following the Commencement Date, Company shall recycle or divert from landfill
disposal 25% of all Solid Waste Collected pursuant to this Agreement. By the mid -point
of the third full calendar year (July 1, 2007) following the Commencement Date, and for
the remainder of the Agreement, Company shall recycle or divert from landfill disposal
50% of all Solid Waste Collected pursuant to this Agreement, understanding the City has
an overall goal of 75% diversion for all Solid Waste Collected in City, whether pursuant
to this Agreement or otherwise."
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Laurene Weste, Mayor
ATTEST:
Sharon L. Dawson, CMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
0
BURRTEC WASTE INDUSTRIES, INC.
M
[CEO, President, Chairman of the Board or
any Vice President]
And by:
[The Secretary, any assistant secretary, CFO
or any assistant treasurer]
State of California, County of Los Angeles, ss.
On this _ day of in the year 2006, before me
personally appeared I and
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to this instrument
and acknowledged that he (she or they) executed it pursuant to a resolution of the Board
of Directors of BURRTEC WASTE INDUSTRIES, INC.
SIGNED