HomeMy WebLinkAbout2009-02-24 - RESOLUTIONS - EIGHTH AMEND BURRTEC WASTE (2)RESOLUTION NO. 09-12
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE
EIGHTH 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 CLARTIA AND
BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIA12 -SOLID' WASTE
MANAGEMENT SERVICES" (the Agreement); and t -
WHEREAS, on June 10, 2005, the City amended the secondsentence 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 Clanta 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";
and
WHEREAS, on October 9, 2007, the City amended the second sentence of Section 4.2.7
of the Agreement by changing "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,"
to read, "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"; and
WHEREAS, the City and Burrtec Waste Industries, Inc., desire to amend the Agreement
by changing certain dates and terms relative to the construction of the 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 "Eighth Amendment to the Agreement Between the City of
Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management
Services" (the Eighth Amendment), a copy of which is attached. The City Manager or designee
is authorized to execute the Eighth Amendment on behalf of the City.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 24th day of February, 2009.„
MAYOR
ATTEST:
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, 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 24th day of February, 2009, by the following vote:
AYES: COUNCILMEMBERS: Ender, McLean, Kellar, Weste, Ferry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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CITY CLERK
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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. 09-12, adopted by the City Council of the City of
Santa Clarita, California on February 24, 2009, 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, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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EIGHTH AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.,
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This EIGHTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR
COMMERCIAL SOLID WASTE MANAGEMENT SERVICES (Eighth Amendment) is
entered into this day of 2009, between the City of Santa Clarita
(City), California, a California municipal corporation and Burrtec Waste Industries, Inc.,
(Burrtec), a California corporation 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 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 of solid waste that 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 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"; and
WHEREAS, on October 9, 2007, the City amended the second sentence of
Section 4.2.7 of the Agreement by changing "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," to read, "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"; and
WHEREAS, the City and Burrtec desire to amend the Agreement by changing
certain dates.
NOW, THEREFORE, the City and Burrtec, in consideration of their mutual
promises, amend the Agreement 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 3, 2011,
and it shall be constructed and operational no later than November 1, 2011."
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Frank Ferry, Mayor
ATTEST:
Sharon L. Dawson, MMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
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(Signatures on next page)
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BURRTEC WASTE INDUSTRIES, INC.
By: _
[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
On before me,
Date
personally appeared
Place Notary Seal Above
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) Is/are
subscribed to the within Instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the Instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct
WITNESS my hand and official seal.
Signature
Signature of Notary Public
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