HomeMy WebLinkAbout2002-05-07; City Council; Resolution 2002-1401
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RESOLUTION NO. ~102-1~0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT FOR TRANSFER STATION
AND DISPOSAL SERVICES BETWEEN THE CITY OF CARLSBAD AND
PALOMAR TRANSFER STATION, INC.
WHEREAS, the State of California through enactment of the California Integrated Waste
Management Act of 1989, has directed all local agencies, to plan for disposal of municipal solid
waste generated in the City and this Agreement will assist the City in meeting these
requirements; and
WHEREAS, the City needs a facility to Accept and Transfer Solid Waste and wishes to
ensure the long-term viability of such a facility by securing capacity at a Transfer Station owned
by others or by owning a Transfer Station itself; and
WHEREAS, the Palomar Transfer Station, Inc. has entered into a certain Palomar
Transfer Station Lease Agreement, with the County of San Diego for the Palomar Transfer
Station for a term of (25) years commencing June 1, 2002, with the right to (14) five (5) year
extensions; and
WHEREAS, as of the Effective Date of the Agreement, Palomar Transfer Station, Inc.
shall assign its interest in the County Lease to the City and the City shall become lessee under
the County Lease; and
WHEREAS, Palomar Transfer Station, Inc. has the qualifications and experience to
operate the Palomar Transfer Station and can do so in a manner and on terms contemplated
herein; and
WHEREAS, the City needs to secure Disposal capacity at one or more landfills to serve
as the place of safe, legal, and permitted Disposal for Solid Waste that is not otherwise Diverted
through source reduction, reuse, or recycling efforts; and
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WHEREAS, Palomar Transfer Station, Inc. and/or its Affiliates are the owners and
operators of several landfill sites in the County of San Diego that can fulfill the City’s needs
with regards to securing Disposal capacity as provided herein; and
WHEREAS, the City has the right to secure the services herein from Palomar Transfer
Station, Inc. through negotiations and has the authority to enter into this agreement; and
WHEREAS, the City wishes to engage Palomar Transfer Station, Inc. to provide the
services specified within this Agreement, in accordance with the terms and conditions negotiated
between the Parties and documented in this Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California. as follows:
1. That the preparation of an Agreement for Transfer Station and Disposal Services
between the City of Carlsbad and Palomar Transfer Station, Inc. with the deal points
contained in the conceptual outline attached as Exhibit 1 to Agenda Bill 16 I 745 is
hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and directed to sign said
agreement for and on behalf of the City of Carlsbad once the agreement is in a form
approved by the City Attorney.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 7th day of MAY , zoo2 by the following vote:
AYES: Council Members Lewis, Nyga
NOES: None
ABSENT: Council Member Kulchin
Page 2 of Resolution No. 2002-140
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