HomeMy WebLinkAboutRES CC 2011 3076 2011 1207RESOLUTION NO. 2011 -3076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FRANCHISE
AGREEMENTS BETWEEN THE CITY OF MOORPARK
AND G.I. INDUSTRIES AND THE CITY OF MOORPARK
AND MOORPARK RUBBISH DISPOSAL FOR PROVIDING
RESIDENTIAL SOLID WASTE SERVICES AND
COMMERCIAL SOLID WASTE SERVICES
WHEREAS, the City provides residential and commercial solid waste and
recycling collection services; and
WHEREAS, on September 18, 2002, the City Council granted two exclusive
Franchise Agreements with G.I. Industries and two exclusive Franchise Agreements
with Moorpark Rubbish Disposal for the collection, transportation, recycling, and
disposal of residential solid waste and commercial solid waste in designated areas
within the City limits; and
WHEREAS, the Franchise Agreements included an expiration date of December
31, 2010, with an option to extend the term for up to an additional two (2) years, and
Franchise Agreements were extended for six (6) months to June 30, 2011 with the
adoption of Resolution Numbers 2010 -2977, 2010 -2978, 2010 -2979, and 2010 -2980
and were extended for another six (6) months to December 31, 2011 with the adoption
of Resolution Number 2011 -3024; and
WHEREAS, the Franchise Agreements state that annual rate adjustments shall
be effective each January 1 during the term of the Franchise Agreements, and
WHEREAS, the City Council declares its intention to further extend the term of
the Franchise Agreements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Section 2, shall be amended in its entirety,
replacing the current language with the following language: "Section 2. TERM The
collection services to be provided pursuant to this Agreement shall begin on October 1,
2002, and end on February 29, 2012, unless sooner terminated. Grantee's duty to
provide indemnification shall survive the end of the period during which collection
services are to be provided." With the exception of the change to the above noted
document, all other provisions contained in the Franchise Agreements shall remain in
full force and effect.
Resolution No. 2011 -3076
Page 2
SECTION 2. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Exhibit G.A, shall be amended to include
"Consideration for the rate adjustment scheduled to be effective January 1, 2012 shall
be deferred for two months."
SECTION 3. This extension shall become effective upon execution of the
amendment by both parties.
SECTION 4. The City Clerk shall certify to the adoption of the resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of December, 2011.
ATTEST:
Maureen Benson, City Clerk
J ice "SParvin, Mayor
Resolution No. 2011 -3076
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2011 -3076 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th
day of December, 2011, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
2011.
WITNESS my hand and the official seal of said City this 21st day of December,
Maureen Benson, City Clerk
(seal)