HomeMy WebLinkAboutCC RESO 94-1RESOLUTION NO. 9 4 -1
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING AND APPROVING A THIRD AMENDMENT
TO THE AGREEMENT 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
WHEREAS, on June 22, 1993, pursuant to Resolution 93-85, the City
Council of the City of National City did authorize the Mayor to execute an agreement
entitled "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," hereinafter referred to as the "Interim Agreement"; and
WHEREAS, said Interim Agreement established the Interim Solid Waste
Commission; and
WHEREAS, on July 13, 1993, the City Council approved a first amendment
to the Interim Agreement to provide an opportunity for non-member cities to join the
Commission by signing the Interim Agreement on or before July 23, 1993; and
WHEREAS, on August 3, 1993, the City Council approved a second
amendment to the Interim Agreement to provide that Interim Agreements signed by
August 27, 1993 will be effective as of June 22, 1993; and that the County would not
issue bonds to finance the San Marcos expansion and/or closure prior to June 1, 1994
without the concurrence of a majority of the members of the Interim Commission; and
WHEREAS, it is necessary to amend the Interim Agreement a third time
to (a) extend the sign-up date to January 21, 1994; (b) provide that any trash flow
commitment made by a member agency will revert to that member on May 31, 1994, if
the City has not agreed to a permanent form of governance (provided that the County has
not issued bonding pursuant majority approval of the Interim Commission); and (c)
eliminate the surcharge for agencies signing the Agreement prior to the aforesaid January
21, 1994 date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the City Council does hereby approve amendments to Section 2.1
Section 3.8 and 1.4 of the Interim Agreement, to read as follows:
Continued on Page Two
Resolution No. 94-1
Page 2 of 2
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).
BE IT FURTHER RESOLVED, that the Mayor and the City's representa-
tive on the Interim Commission are hereby authorized to execute all documents necessary
to effectuate said Third Amendment.
PASSED and ADOPTED this llth day of January, 1994.
George H. Waters, Mayor
ATTEST:
Loris Anne Peoples, City Clerk
APPROVED AS TO FORM:
4#'L
George H. Eiser, III
City Attorney