HomeMy WebLinkAbout1994-01-18; City Council; Resolution 94-24/I I .. 0
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RESOLUTION NO. 94-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE INTERIM
SOLD WASTE PARTICIPATION AGREEMENT
WHEREAS, on August 10, 1993 the City of Carlsbad approved the Interim
Waste Participation Agreement, as amended on June 30, 1993 and August 3, 199:
WHEREAS, on December 16, 1993, the Interim Solid Waste Corn
unanimously approved a third amendment to the Interim Participation Agreement 7
allows the Cities of Escondido and Oceanside to join the Commission, and eliminat
surcharge on the remaining fifty percent of the wastestream;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ca
as follows:
1. The above recitations are true and correct.
2. The third amendment to the Interim Participation Agreement, att
hereto as Exhibit "A" is is hereby approved.
3. The Mayor is hereby authorized to execute the Third Amendment 1
Interim Participation Agreement on behalf of the City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Ca
at its regular meeting held on the 18th day of JANUARY , 1994, I
following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member Kulchin
I CLAUDE A.- LEWIS, Mayor
ATTEST:
A
26
ALETHA L. RAUTENKRANZ, City Clerk ' 27
o! & 6-
CSW) 28
6
+ @ e 12/22/93
THIRD AMENDMENT TO
AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO
AND THE CITIES OF THE COUNTY
ESTABLISHING AN INTERIM SOLID WASTE COMMISSION
AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE
("INTERIM AGREEMENT")
Whereas, the INTERIM AGREEMENT was entered into by and between and among the Member
Agencies, to take effect June 22, 1993 it was thereafter amended on two occasions; and
Whereas, on December 16, 1993, the Interim Solid Waste Commission unanimously approved a
third amendment to the INTERIM AGREEMENT;
NOW THEREFORE, the undersigned entities agree to the terms of the INTERIM AGREEMENT,
together with the first and second amendments, which are incorporated herein by this reference.
Further, the undersigned entities agree to the following amendments to the INTERIM
AGREEMENT:
1. Section 2.1 is amended to read:
This INTERIM AGREEMENT shall take effect as of June 22,1993, by, between and
among the COUNTY and any of the Cities listed on Attachment A as have executed this
document on or before January 21,1994.
2. Subsection (c) is added to Section 3.8 to read:
All flow commitments made by a member agency shall revert to that member agency on
May 31, 1994, if that city has not agreed to the permanent form of governance, unless
by that date a majority of the Interim Commission has recommended and the County has
issued the solid waste facility bonding described in Section 3.8 (a) (1) of this
Agreement; in which event, only that flow committed to the Interim Commission shall
revert to such city.
3. Section 1.4 is added to Part 1 to read:
Notwithstanding Section 1.2.a. a surcharge will not be charged on the uncommitted
second fifty percent of the wastestream which is disposed of at County landfills by cities
that have signed the Interim Agreement, until the form of governance is determined
(May 31,1994).
In Witness whereof, the parties have signed this Agreement as of the dates set forth.
Attest: &X%
CITY CLERK \