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HomeMy WebLinkAboutReso 1971-6015 RESOLUTION NO. 6015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THAT CERTAIN AGREEMENT WITH CHULA VISTA SANITARY SERVICE, INC. The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, that certain agreement hereinafter referred to as the "Original Contract", dated the 16th day of February, 1959, as amended by that certain agreement dated October 1, T963, and further amended by an agreement dated August 25, 1964, approved by Resolution No. 3482, did provide in Section (14) of said amended agreement dated August 25, 1964, as follows: "(14) It is understood and agreed that the City and Contractor may by mutual consent extend this substituted agreement on the same terms and conditions as set out herein for an additional term of ten (10) years at any time prior to the expiration of the term of this sub- stituted agreement as herein provided." WHEREAS, the term of said substituted agreement was stipulated in Section (1) and was to be from the dat~ of said agreement, being the 25th day of August, 1964, to and unfil the 31st day of December, 1969, and WHEREAS, after a public hearing held on June 13, 1967, the City and Contractor did mutually consent and agree to extend the term of said agreement for a period of two and one-half years (2-1/2) from said date of December 31, 1969, to and until the 30th day of June, 1972, and WHEREAS, City and Contractor now wish to exercise the rights as set forth in said Section (14) of said amended agreement dated August 25, 1964, and by mutual consent wish to extend said substituted agreement and the amendment thereto dated June 20, 1967, which extended said agreement to and until the 30th day of June, 1972 for an additional term of ten (10) years, from said date of June 30, 1972 to and until the 30th day of June, 1982, and further do by mutual consent,desire to amend certain terms 'and conditions' as set forth in said substituted agreement of August 25, 1964 in th!"" manner set forth herein. ,. " NOW, THEREFORE~ BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement 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 con- ditions of.said contract be, and the same are hereby declared to be valid and unchanged except for the terms and conditions 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 - 1 - " ; 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 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 existing 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. Presented by bbn R. Thomson, City Manager . Approved as to form by . n,r-. / /\,~ /'\ :/~~.--'" I.,/.,^ ':-~;" // .. /i< ;';;-{,,7'\-o''''' /L-/ K~J,.(_A/-r:/';-Cz:./ -- \../. /f<;::;../ I. // George ,D: Lindberg, City Attorney P /\ -fJ5, 610S- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 6th day of April , 19 71 , by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen Hyde ATTEST/2/7V?2.-u:./ ~ y ~~ ~ "City Clerk . STATE OF CALIFORNIA COUNTY OF SAN DIEGO S5. CITY OF CHULA VISTA I, JENNIE Mo 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 t.he same has not been amended or repealedo DATED; City' Clerk / (:la. 60/5