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HomeMy WebLinkAboutReso 1971-5979 " " , . RESOLUTION NO . 5979 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION T~ GRANT A TEN-YEAR EXTENSION OF THE EXISTING CONTRACT WITH THE CHULA VISTA SANITARY SERVICE ~ :;. The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Chula Vista Sanitary Service has filed with the City Council of the City of Chula Vista a request that the extension of the existing agreement as amended and approved by Resolution No~ 4442 adopted by the City Council on the 20th day of' June, 1967, for the purpose of providing necessary sanitary service to.the citizens of Chula Vista, and WHEREAS, in the opinion of said Council, the public good requires that said exten~ion be granted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula.Vista intends to grant said extension of the agreement, that hearing of objections to the granting thereof will be held at the time and place specified in th~formof notice her~i~after set forth which the Clerk of said City;~s hereby,direct~pto'publish at least once within fifteen days after tfie passage of this resolution in the Chula Vista Star News, a newspaper of general.circulation within said City. : ',. '. ",: ' " " .. .';. NOTICE IS HEREBY GIVEN that the Chu~a V~'sta. Sanitary' Service has filed a request with theCit~ Council. of the City of Chula Vista for an. extension of the existing contractual agreement with.'said cor- poration to provide sanitary service for the City of Chula Vista. NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any objections to the granting of said extension'may appear before said Council at .the City Hall of said City at the hour, of 7:00 p.m., on Tuesday, the 30th .day of March, 1971, and be heard thereon. NOTICE IS HEREBY GIVEN that at any time not later than the hour'so set fSJr hearing .objections, any person interested may make written protest stating objections against the granting of' an extension, which protest must be signed by the protestan~ and delivered to the Ci ty Clerk of said City, 'and the Council, shall at the time set for hearing said objections' proceed to hear and pass upon all protests so made. BY ORDER OF 'THE. COUNCIL OF THE. CITY OF CHULA ,VISTA; the ista ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 9th day of March , 1971 , by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Counci Imen None ABSENT: Counci Imen None ~~,~ ATT'C/~~,; 'J;;v;Jf ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, JENNIE M, FULASZ. City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of . and that the same has not been amended or repealed, DATED, City Clerk ~c5.5979 " AN AGREEMENT AMENDING THAT CERTAIN SUBSTITUTED AGREEMENT WITH CHULA VISTA SANITARY SERVICE, INC. THIS AGREEMENT, made and entered into on this 6th day of April , 1971, by and between the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, hereinafter called "City", and CHULA VISTA SANITARY SERVICE, INC., here- inafter called "Contractor"; WIT N E SSE T H . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the City of Chula Vista and Chula Vista Sanitary Service that that certain agree- ment dated August 25, 1964, approved by Resolution No. 3482 and amended by that certain amended agreement dated June 20, 1967, approved by Resolution No. 4442 be, and the same is hereby amended to extend the time of said agreement to and until the 30th day of June, 1982, and that all 'other terms and conditions of said contract be, and the same are hereby declared to be valid and unchanged except for the terms and con- ditions as set forth in Section (2) of said substituted agreement dated August 25, 1964, which section is hereby amended to read as follows: Section' 2. Council Authorization to Review Rates and Procedures of Operation of Contractor (a) Basic Obligation. The Contractor hereby covenants to and with the City to furnish all labor and equipment for the collection and removal, and to collect and remove, all combustible or noncumbustible refuse and garbage from the curbs, side- walks and alleys within the City limits of the City of Chula Vista, so far as said refuse and garbage is placed for pick up on said curbs, sidewalks or alleys by the person or persons contracting with said Contractor, and paying said Contractor a designated price,' as is more particularly set out in Schedule "A" attached hereto and by this reference made a part hereof. (b) Rate Review. It is mutually agreed that the City Council of the City of Chula Vista shall have the authority and duty from time to time during the term of this amended contract to review, act, establish and modify the rates and charges the Contractor may charge or collect from either single family residential, multiple family residential, commercial or industrial users. The City Council shall have the authority to fix just, reasonable and sufficient rates and charges when the Council, after a public hearing upon con- sideration of all testimony submitted, finds from the evidence submitted that the rates existing at the time of said public hearing are either insufficient, excessive, unjust, unreasonable, discriminatory, preferential, or substantially at variance from those rates for said ser- vices being performed in other communities in San Diego County. (c) Billing and General Operating Procedures. It is mutually agreed that the City Council of the City of Chula Vista shall have the authority from time to time during the term of this extended agreement to review the - 1 - /2ts 6~97 9 billing operations and general conduct of the business of the Contractor to insure fair and equitable treatment for the citizens of Chula vista who are making use of said services and that Contractor will, based upon the recom- mendations of the City Council, make such billing practices conform to the direction and recommendations of the City Council. It is further understood that the Contractor shall make no substantial modifications in those billing practices and general operational procedures as presently exist upon the execution of this contract, without first submitting said proposed modifications to the City Council and securing the approval. of the Council for said modifications. (d) Disposal Procedures. It is mutually agreed that Contractor shall make every effort to institute disposal procedures which will provide the most advanced solid waste disposal methods so as to insure the most favorable environmental impact and in the interests of providing solutions to current environmental problems such as recycling of solid wastes. It is further agreed that the City Council shall have the authority and duty from time to time to direct investigations into the problems of solid waste disposal and insure that Contractor is adhering to methods most likely to contribute to benefit our ecology. Contractor shall also advise the Council of the availability of any funds from other public agencies to assist in the up- grading of methods of solid waste disposal and of any possi- bilities of joint efforts with other agencies engaged in the business of solid waste disposal so as to achieve said desired results. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. CHULA VISTA SANITARY SERVICE t&~ THE CITY OF CHULA VISTA d~~ Clerk Approved as to form by ~~ Ge~Lindberg, Cl.ty Att ney Attach Notary Acknowledgment here. - ? - Jt,/; Sf( 7 tJ For_r<< No. ~~Jl L7NP.NI~OUS CONSENT FOR~!f IT IS HEREBY REnUES`I'ED by the undersigned that the following item, with the unanimous consent of the City Coancil of the City of Chula Vista, be considered am acte~, upon. key tree Counca~l pursuant to the provisior_s of Section L.lr; ;~f the Chul~~ 4ista Clty Code Resolution providing for second amendment to that agreement with Aztec Bus Lines Sign Lure, ~~~ Unanimous Consent of the City Counci:i, as ind~.cated by the following signatures: •~-~ i c