HomeMy WebLinkAbout1994-01-18; City Council; 12549; Amendment of Interim Solid Waste Agmt‘1
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DEPT. Cfl SOLID WASTE AGREEMENT
RECOMMENDED ACTION:
AMENDMENT OF INTERIM
Adopt Resolution No. f#-Jfl approving Third Amendment to the Intel
Waste Participation Agreement allowing the cities of Escondido and Oceanside ti
Interim Commission and eliminating the surcharge on the second fifty perce
wastestream.
ITEM EXPLANATION
At its December 16, 1993 meeting, the Interim Solid Waste Commission una
approved the Third Amendment to the Interim Agreement, which allows the
Escondido and Oceanside to join the Interim Commission. In addition to prov
inclusion of Oceanside and Escondido in the Interim Commission, the Third Am
also provides that any flow committed to the County shall revert to the membe on May 31,1994, if that city has not agreed to a permanent form of governance.
committed to the County, however, will not be returned to the city, if, based On i
approval of the Interim Commission, the County has issued solid waste facility
If the County has issued bonding by that date, only that flow committed to th
Commission (the second fifty percent) shall revert to the City.
The Third Amendment also provides that a surcharge will not be chargec
uncommitted second fifty percent of the wastestream, which is disposed a
landfills until the form of governance is determined.
FISCAL IMPACT
Approval of this agreement eliminates the risk of the County imposing a surchar!
uncommitted remaining fifty percent of the City’s wastestream at County lanc
avoiding the paying of that surcharge, no additional rate increase will be need1
time to cover disposal costs.
EXHIBITS
1. Resolution No. ?#-a& approving the Third Amendmer
Agreement.
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RE!SOLUTION NO. 94-24
A RESOLUTION OF THE CKY COUNCIL OF THE CITY OF C CALIFORMA, APPROVING THE THIRD AMENDMENT TO THE SOLID WA!XJZ PARTICPATION AGREEMENT
WHEREAS, on August 10, 1993 the City of Carlsbad approved
Waste Participation Agreement, as amended on June 30, 1993 and Aug
WHEREAS, on December 16, 1993, the Interim Solid W
unanimously approved a third amendment to the Interim Participation,
allows the Cities of Escondido and Oceanside to join the Commission, a
surcharge on the remaining fifty percent of the wastestream;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of thc
as follows:
1.
2.
The above recitations are true and correct.
The third amendment to the Interim Participation Agm
hereto as Exhibit "A" is is hereby approved.
The Mayor is hereby authorized to execute the Third A
Interim Participation Agreement on behalf of the City.
3.
PASSED, APPROVED, AND ADOPTED by the City Council of th(
at its regular meethg held on the 18th day of JANUARY
following vote, to wit:
AYES:
NOES: None
ABSENT: Council Member Kulchin
Council Members Lewis, Stanton, Nygaard, Finnila
CLAUDE A. LEWIS, M
ATTEST:
METHA L. RAUTENKRANZ, City Clerk '
(SEAL)
i
0 . THIRD AMENDMENT TO
e c*
AGREEMENT BY. BETWEEN AND AMONG THE COUNTY OF SAN DIEGO
AND THE CITIES OF THE COUNTY
ESTABLISHING AN INTERIM SOEID 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
Agencies, to take effect June 22, 1993 it was thereafter amended on two occasions; an
Whereas, on December 16, 1993, the Interim Solid Waste Commission unanimously aF
third amendment to the INTERIM AGREEMENT;
NOW THEREFORE, the undersigned entities agree to the terms of the INTERIM AGRE
together with the first and second amendments, which are incorporated herein by this
Further, the undersigned entities agree to the following amendments to the INTERIM
AGREEMENT:
1.
This INTERIM AGREEMENT shall take effect as of June 22,1993, by, between
among the COUNTY and any of the Cities listed on Attachment A as have exec
Section 2.1 is amended to read:
document on or before January 21,1994.
2.
All flow commitments made by a member agency shall revert to that member 8
May 31, 1994, if that city has not agreed to the permanent form of governanct
by that date a majority of the Interim Commission has recommended and the (
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 Commissii
revert to such city.
3.
Notwithstanding Section 1.2.a. a surcharge will not be charged on the uncomr
second fifty percent of the wastestream which is disposed of at County landfill
that have signed the Interim Agreement, until the form of governance is deten
(May 31, 1994).
Subsection (c) is added to Section 3.8 to read:
Section 1.4 is added to Part 1 to read:
In Witness whereof, the parties have signed this Agreement as of the dates set forth.
CITY CLERK \