Res 94-006RESOLUTION NO. 94-006
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA
APPROVING AMENDMENT OF THE
SOLID WASTE INTERIM PARTICIPATION AGREEMENT
WHEREAS, the Interim Solid Waste Commission recommends that an amendment
be added to the agreement which would provide for the deferment of the
Economic Risk Surcharge until a form of governance is determined and the
extension of time for commitment of waste dependent upon acceptance of a
permanent form of governance;
NOW, THEREFORE, the City Council of the City of Poway hereby finds,
resolves, determines and orders as follows:
The Interim Agreement for the disposal of Solid Waste is to be
amended in the manner described in Exhibit A attached hereto.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California at the regular meeting thereof this llth day of January, 1994.
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SSo
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No. 94-006
duly adopted by the City Council at a meeting of said City Council held on the
11th day of January , 1994, and that it was so adopted by the
following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjor~e.~. Wahlsten, City Clerk
C i ty o~_~ay
12/22/93
AGREEMENT BY. BETWEEN AND AMONG THE COUNTY OF SAN DIEGQ
AND THE CITIES OF THE COUNTY
ESTABLISHING AN INTERIM SOLID WASTE COMMISSION
AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE
("INTERIM AGREEMENT")
Whereas, the INTERIM AGREEMENT was entered into by and between
and among the Member Agencies, to take effect June 22, 1993 it
was thereafter amended on two occasions; and
Whereas, on December 16, 1993, the Interim Solid Waste Commission
unanimously approved a third amendment to the INTERIM AGREEMENT;
NOW. THEREFORE, the undersigned entities agree to the terms of
the INTERIM AGREEMENT, together with the first and second
amendments, which are incorporated herein by this reference.
Further, the undersigned entities agree to the following
amendments to the INTERIM AGREEMENT:
1. Section 2.1 is amended to read:
This INTERIM AGREEMENT shall take effect as of June 22,
1993, by, between and among the COUNTY and any of the
Cities listed on Attachment A as have executed this
document on or before January 21, 1994.
2. Subsection (c) is added to Section 3.8 to read:
All flow commitments made by a member agency shall
revert to that member agency on May 31, 1994, if that
city has not agreed to the permanent form of
governance, unless by that date a majority of the
Interim Commission has recommended and the County has
issued the solid waste facility bonding described in
Section 3.8(a)(1) of this Agreement; in which event,
only that flow committed to the Interim Commission
shall revert to such city.
3. Section 1.4 is added to Part i to read:
Notwithstanding Section 1.2.a. a surcharge will not be
charged on the uncommitted second fifty percent of the
wastestream which is disposed of at County landfills bk-
cities that have signed the Interim Agreement, until
the form of governance is determined (May 31, 1994).
In Witness whereof, the parties have signed this Agreement as of
the dates setforth.
Date: January 11, 1994
MAYOR
Attest: