HomeMy WebLinkAboutCC RESO 97-118RESOLUTION NO. 97-118
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE THE REGIONAL SOLID
WASTE ASSOCIATION JOINT POWERS AGREEMENT
ON BEHALF OF THE CITY OF NATIONAL CITY
AS A SPECIAL CONTRACT PARTY
WHEREAS, pursuant to California Government Code Sections 6500 et seq.
(the "Joint Exercise of Powers Act"), the City may jointly exercise with other public
agencies any power common to them as contracting parties; and
WHEREAS, the City has the power to site, develop, construct, maintain,
operate, lease and/or contract for disposal sites, sanitary landfills, resource recovery
facilities, transfer stations and other facilities and services used for the collection,
transfer, management and disposal of solid waste generated within the territorial
boundaries of the City; and
WHEREAS, the City must comply with applicable federal, state and local
laws and regulations governing solid waste, such as the California Integrated Waste
Management Act of 1989, as amended from time to time (the "Act"); and the Resource
Conservation and Recovery Act of 1976 ("RCRA"); and
WHEREAS, the City Council finds that it will be to the City's advantage
and benefit to reasonably work together with other public agencies to meet the goals for:
(i) siting, developing, acquiring, constructing, maintaining, operating, owning, leasing
and/or contracting for disposal sites, sanitary landfills, resource recovery facilities,
transfer stations and other facilities and services; (ii) achieving the best practical
collection, transfer, management and disposal of solid waste; and (iii) compliance with
applicable federal, state and local laws and regulations governing solid waste, including
but not limited to the Act; and
WHEREAS, it is the desire of the City to join with other public agencies
to use any power that they have in common as reasonably necessary and appropriate to
aid in the accomplishment of these goals; and
WHEREAS, a Joint Powers Agreement has been proposed which would
establish a separate agency, known as the Regional Solid Waste Association, ("RSWA"),
to accomplish these goals; and
WHEREAS, Section V of said Agreement provides that a public agency
may become a party to the Agreement as a "Special Contract Party", whereby that public
agency may enter into a Special Contract with RSWA which would limit the obligations
and entitlements of that party as a participant in RSWA; and
Resolution No. 97-118
September 16, 1997
Page Two
WHEREAS, the City Council has determined that it is in the best interests
of the City to enter with the Joint Powers Agreement and participate in RSWA as a
Special Contract Party, with the understanding that a Special Contract will be negotiated
at a later date with RSWA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute the Regional Solid Waste
Association Joint Powers Agreement, with the City of National City participating in the
Regional Solid Waste Association as a Special Contract Party, with the understanding that
a Special Contract will be negotiated at a later date with RSWA. Said agreement is on
file in the office of the City Clerk.
PASSED and ADOPTED this 16th day of September, 1997.
ATTEST:
ael R. Dall , City Clerk
APPROVED AS TO FORM:
/4 /3g.
George H. Eiser, III
City Attorney
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George H'. Waters, Mayor