HomeMy WebLinkAbout2007-10-09 - RESOLUTIONS - BURRTEC ANNUAL EVALUATION (2)RESOLUTION NO. 07-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE SIXTH AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL
SOLID WASTE MANAGEMENT SERVICES
WHEREAS, the City of Santa Clarita ("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 Section 40059 authorizes the City to determine
all aspects of handling solid waste that is 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, on April 25, 2006, the City amended the second sentence of Section 4.2.7 of
the Agreement by changing "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 to read, "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."
WHEREAS, the 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
the City 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
hereby resolve as follows:
SECTION 1. Pursuant to California Public Resources Code Section 40059(a)(1) and
Section 7 of Article 11 of the California Constitution that the public health, safety, and
well-being require approval of that certain "SIXTH AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC.
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES" (the Sixth Amendment),
a copy of which is attached. The City Manager or designee is authorized to execute the Sixth
Amendment on behalf of the City.
PASSED, APPROVED AND ADOPTED this 9th day of October, 2007.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
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 9th day of October, 2007, by the following vote:
AYES: COUNCILMEMBERS: Weste, Kellar, Boydston, Ferry, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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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. 07-71, adopted by the City Council of the City of
Santa Clarita, California on October 9, 2007, 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 Caputo
Deputy City Clerk
SIXTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This SIXTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR
COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, ("First Amendment')
is entered into this day of , 2007, 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 Section 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, On April 25, 2006 the City amended the second sentence of Section
4.2.7 of the Agreement by changing "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 to read, "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."
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;
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 1, 2009
and it shall be constructed and operational no later than November 1, 2009.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Marsha McLean, Mayor
P
ATTEST:
Sharon L. Dawson, CMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
BURRTEC WASTE INDUSTRIES, INC.
ME
[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 San Bernardino, ss.
On this day of in the year 2007, before me
personally appeared , 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
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