HomeMy WebLinkAboutReso 012-95 Altamont Landfill RESOLUTION NO. 12 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
EXTENDING THE TERM OF A PROVISIONAL AGREEMENT AND
AMENDING THE RATE COLLECTED FOR CLOSURE POSTCLOSURE EXPENSES.
ASSOCIATED WITH THE ALTAMONT LANDFILL
WHEREAS, on January 11, 1993 the City Council adopted Resolution No. 14-93,
authorizing an agreement with Oakland Scavenger Company (now called Waste Management of Alameda
County); and
WHEREAS, on January 10, 1994 the City Council adopted Resolution No. 8-94 which
extended the negotiating period to March 31, 1994; and
WHEREAS, an amendment has been prepared which will provide a further extension from
April 1, 1994 through March 31, 1996: and
WHEREAS, the amendment also provides updated cost factors for the portion of the
provisional rate increase which will become effective January 1, 1995.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Dublin, does hereby authorize the Mayor to execute the amendment, attached hereto as Exhibit A and by
reference made a part hereof.
PASSED, APPROVED, AND ADOPTED this 13th day of February, 1995.
AYES:
Councilmembers Barnes, Burton, Howard, Moffatt & Mayor Houston
NOES: None
ABSENT: None
ATTEST:
~'ty 1~~''
. Mayor
Page 1
SECOND EXTENSION OF AGREEMENT FOR PROVISIONAL CHARGES
FOR THE CLOSURE AND POST-CLOSURE MAINTENANCE
OF ALTAMONT SANITARY LANDFILL
THIS AGREEMENT is made and entered into as of this 1st day of April 1994
between the City of Dublin ("City") and Waste Management of Alameda County, Inc., a California
Corporation, formerly known as Oakland Scavenger Company CWMAC").
WHEREAS, the parties entered into an "Agreement for Provisional Charges for the
Closure and Post-Closure Maintenance of Altamont Sanitary Landfill" dated. as of January 11, 1993
("Provisional Charges Agreement"); and
WHEREAS, the parties entered into the first extension of the Agreement dated
November 1, 1993 (Hereinafter, First Extension); and
WHEREAS, the original Provisional Charges Agreement and the First Extension
authorized WMAC to collect Provisional Charges (in the amount of approximately $1.66 per Ton)
during the course of these negotiations and to deposit funds so collected in an interest bearing Escrow
Account; and
WHEREAS, the Provisional Charges Agreement committed the parties to seek to
negotiate an amendment to the refuse collection Franchise Agreement between the parties covering a
number of issues related to the financing of the closure and post-closure maintenance of the Altamont
Sanitary Landfill CAltamont"); and
WHEREAS the First Extension of the Provisional Charges Agreement contemplated
that negotiations would result in a definitive agreement being concluded by March 31, 1994 and
provided for the disposition of the funds in the Escrow Account on that date if no agreement was
reached; and
WHEREAS, the parties have, through'their representatives, met, exchanged
information, and negotiated in good faith, but have been unable to resolve all issues. As a result, a
definitive agreement amending the Franchise Agreement to address closure and post-closure
maintenance of Altmnont has not been executed; and
WHEREAS, the parties believe it is in their best interests to allow a further, but limited,
period of time within which to conclude the negotiations and, if possible, execute a definitive
agreement; and
WHEREAS, the parties therefore wish to extend the term of the Provisional Charges
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Second Extension of Provisional Charges Agreement
The parties agree to extend the term of the Provisional Charges Agreement until March
31, 1996. To effect this extension, the reference to "March 31, 1994" in Section 2(c) of the First
Extension of the Provisional Charges Agreement is amended to read "March 31, 1996." All references
in the Provisional Charges Agreement to the "Designated Amendment Completion Date" shall be
understood to mean March 31, 1996. The parties agree to continue to seek to negotiate in good faith an
amendment to the Franchise Agreement that will address the issues listed in Section 2 of the
Provisional Charges Agreement.
Section 2
WMAC will continue to be authorized to charge ratepayers provisional charges in the
atnounts set forth in Schedule A to the Provisional Charges Agreement. The amount is calculated at
2
$1.66 per Ton for the period January 1, 1993 through December 31, 1994. The amount will be
calculated as $2.68 per Ton for the period beginning January 1, 1995. WMAC shall continue to
deposit all sums so collected in the Escrow Account.
Section 3
All other terms and conditions of the Provisional Charges Agreement shall continue in
full force and effect, except as ranended by Section 1 hereof, and shall apply to the extended term and
to the interpretation and enforcement of this Extension Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Extension Agreement
as of the date first above written.
its:
CITY OF DUBLIN
By: ~~
WASTE MANAGEMENT OF ALAMEDA COUNTY, INC.
By:
Its:
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