HomeMy WebLinkAboutCC RESO 96-185RESOLUTION NO. 96-185
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AN AGREEMENT PROVIDING FOR THE
DISSOLUTION OF THE SAN DIEGO SOLID WASTE
MANAGEMENT AUTHORITY AND THE TERMINATION OF THE
SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
WHEREAS, the City of National City, along with the cities of Del Mar,
Encinitas, Lemon Grove, Poway, Solana Beach and Vista and the County of San Diego
(collectively, the "Parties"), have entered into that certain joint powers agreement
identified as the "San Diego Solid Waste Management Authority Joint Powers
Agreement" (the "Joint Powers Agreement"), pursuant to which the San Diego Solid
Waste Management Authority (the "Authority") was established and organized as of June
1, 1994; and
WHEREAS, pursuant to Article XIII of the Joint Powers Agreement, the
County of San Diego ("County") was to have transferred to the Authority certain Assets,
Obligations and Liabilities (the "Assets") for the purpose of operating the County's Solid
Waste System under the ownership, management and control of the Authority; and
WHEREAS, the intended transfer of the Assets has not yet occurred and the
County has stated such transfer shall not occur; and
WHEREAS, the Parties now desire to terminate the Joint Powers Agreement
and to dissolve the Authority pursuant to Article XIV of the Joint Powers Agreement; and
WHEREAS, representatives of the County and the Authority have negotiated
terms and conditions for the dissolution and unwinding of the Authority, which terms and
conditions are set forth in Statement of Intent between the Authority and the County (the
"Statement of Intent"), signed by representatives of the Authority and the County on
November 21, 1996; and
WHEREAS, pursuant to the Statement of Intent, a further agreement (the
"Unwinding Agreement") has been prepared for approval and execution by the County
and the Authority which provides for the unwinding of the affairs of the Authority and
the assignment of certain debts and obligations from the Authority to the County; and
WHEREAS, the Parties intend that the dissolution of the Authority shall be
subject to approval by the County and the Authority of the Unwinding Agreement, and
certain other terms and conditions providing for the release and waiver of all claims
against the County by the other Parties, and for the defense, indemnification and holding
harmless of the other Parties by the County.
Resolution No. 96-185
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of National City as follows:
Section 1. That certain AGREEMENT BY THE PARTIES TO SAN
DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREE-
MENT PROVIDING FOR TERMINATION OF THE JOINT POWERS AGREEMENT
AND DISSOLUTION OF THE AUTHORITY (the "Termination Agreement"), a copy
of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby
approved subject to the condition precedent that the County and the Authority shall first
have approved and entered into that certain Unwinding Agreement identified above,
pursuant to the Statement of Intent.
Section 2. The Mayor of the City of National City is hereby authorized
to execute the Termination Agreement on behalf of the City of National City upon
satisfaction of the condition precedent to the approval of the Termination Agreement.
PASSED and ADOPTED this 17th day of December, 1996.
George H. aters, Mayor
ATTEST:
el R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney