HomeMy WebLinkAbout2006-04-25 - RESOLUTIONS - BURRTEC WASTE FRANCHISE AGMT (2)RESOLUTION NO. 06-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORINA, APPROVING THE SECOND 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, On June 10, 2005, the City amended the second sentence of Section 4.2.7 of
the Agreement by changing "April 15, 2005" and "February 15, 2006" to read "six months
following the date of the hearing set by the Court of Appeal in Santa Clarita Oak Conservancy, et
al. v. City of Santa Clarita" and "ten months following the first date," respectively; 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 construction of the Materials Recovery Facility (MRF) and give Council the
authority to change certain dates and terms relative to the construction of the MRF.
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
"SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES" (the "Second Amendment') a copy of which is attached. The
Mayor is authorized to execute the Second Amendment on behalf of the City.
PASSED, APPROVED AND ADOPTED this 25th day of April, 2006.
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 25th day of April, 2006, by the following vote:
AYES: COUNCILMEMBERS: McLean, Kellar, Ferry, Smyth, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
R
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. 06-39, adopted by the City Council of the City of
Santa Clarita, California on April 25, 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
13V
Susan Coffman
Deputy City Clerk
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR
COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, ("Second
Amendment") is entered into this day of , 2006, between the
City of Santa Clarita, California, a California municipal corporation ("City") and Burrtee
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 Burrtec entered into that
certain "AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES" and
WHEREAS, On June 10, 2005, the City amended the second sentence of Section
4.2.7 of the Agreement by changing "April 15, 2005' and "February 15, 2006" to read
"six months following the date of the hearing set by the Court of Appeal in Santa Clarita
Oak Conservancy, et al. v. City of Santa Clarita" and "ten months following the first
date," respectively;
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 construction of the
Materials Recovery Facility (MRF) and give Council the authority to change certain dates
and terms relative to the construction of the MRF;
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 4.2.7 of the Agreement, the second sentence is amended
to read as follows, "Construction of the MRF shall begin no later than January 11, 2007
and it shall be constructed and operational no later than November 11, 2007."
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
In
BURRTEC WASTE INDUSTRIES, INC.
0
[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.
2
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