HomeMy WebLinkAbout2007-05-22 - RESOLUTIONS - COMMERCIAL WASTE AGMT AMEND (2)RESOLUTION NO. 07-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE FIFTH AMENDMENT
TO THE 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 6.3 of the Agreement, Burrtec Waste Industries, Inc. is
entitled to pursue an annual adjustment to its maximum rates starting in Rate Year three of the
Agreement; and
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 increasing the
maximum rates as outlined in Section 6.3 of the Agreement.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby 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 "FIFTH
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES" (the "Fifth Amendment') a copy of which is attached. The
Mayor is authorized to execute the Fifth Amendment on behalf of the City.
PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007.
ATTEST:
VAN ,..
J
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 22nd day of May, 2007, by the following vote:
AYES: COUNCILMEMBERS: Boydston, Ferry, Weste, Kellar, McLean
NOES: COUNCILMEMBERS: None
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. 07-27, adopted by the City Council of the City of
Santa Clarita, California on May 22, 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
FIFTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR
COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, ("Fifth 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 § 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, pursuant to Section 6.3 of the Agreement, Burrtec Waste Industries,
Inc. is entitled to pursue an annual adjustment to its maximum rates starting in Rate Year
3 of the Agreement; 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 increasing the maximum rates as outlined in Section 6.3 of the
Agreement;
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. Exhibit 2 of the Agreement, entitled "Initial Maximum
Commercial Rates" shall be amended to contain the following maximum rates starting on
Rate Year 4 (July 1, 200):
Container
Number
of Weekl
Pickups
Size
1
2
3
4
5
6
7
90 -gal
$40.52
$72.93
$121.55
$162.07
$202.60
$243.11
$283.63
32 -gal
$36.22
$65.20
$108.67
$144.89
$181.12
$217.35
$253.58
1.5 ydj
$56.63
$110.42
$164.22
$217.45
$270.67
$323.90
$377.12
2 yd 3$58.95
$114.94
$170.95
$226.36
$281.76
$337.17
$392.57
3 d
$64.46
$125.70
$186.95
$247.54
$308.14
$368.75
$429.34
4 d
$81.00
$157.97
1$234.91
11 $311.05
$387.19
$463.33
$539.48
6 d
$103.59
$201.99
1 $300.41
1 $397.78
1 $495.14
$592.53
$689.89
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
ATTEST:
Sharon L. Dawson, CMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
M
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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.
On this _ day of , in the year 2007, 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
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