RES-10922 Revised Water Disporal Agreement Approval 2009RESOLUTION NO. 10922
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE REVISED
EFFECTIVE DATE TO AN AMENDMENT TO THE
2009 WASTE DISPOSAL AGREEMENT WITH THE
COUNTY OF ORANGE.
WHEREAS, the City has an existing Waste Disposal Agreement (the Waste Disposal
Agreement) with the County of Orange (the "County ") which requires the City to dispose of all
specified solid waste generated within the City to County landfills and for the County to accept all
such waste at a price agreed upon by the City and County; and
WHEREAS, the Waste Disposal Agreement became effective on or about July 23, 2009,
and by its term is set to expire on June 30, 2020; and
WHEREAS, the Waste Disposal Agreement provides that the County will not accept waste
imported from outside the County at County landfills after June 30, 2016; and
WHEREAS, an Amendment to the Waste Disposal Agreement (the "Amendment ") has
been negotiated between the County and various cities throughout Orange County to provide for
continuation of importation of waste from outside the County at County landfills in exchange for
allocation to the cities of a portion of future importation revenues and to extend the terms of this
activity within the Waste Disposal Agreement to June 30, 2025; and
WHEREAS, the City Council desires to ensure that solid waste generated within the City
can be disposed of in an environmentally safe manner and at a reasonable cost for the near
future; and
WHEREAS, the proposed Amendment furthers these goals by, among other things,
ensuring that solid waste generated within the City can be disposed of at County landfills
through June 30, 2025; that the landfills will be operated in an environmentally safe and reliable
manner; and that the cost of disposing of solid waste at County landfills will be reasonable; and
WHEREAS, on April 14, 2015, by Resolution No.10856, the City of Orange approved
the Amendment in which the effective date to be no later than September 30, 2015; and
WHEREAS, the County has requested a revision to the effective date of the Amendment
from September 30, 2015 to June 30, 2016 ( "Revised Effective Date ").
NOW, THEREFORE, the City Council of the City of Orange resolves, finds and
determines, on the basis of the facts set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, as follows:
Section 1 . The foregoing recitals are true and correct.
Section 2 . The City Council hereby finds and determines that the Revised Effective
Date to the Amendment to the Waste Disposal Agreement between the County of Orange and the
City of Orange ( "Amendment ") furthers the public health, safety and welfare.
Section 3. The City Council hereby finds and determines that the Revised Effective
Date shall be amended into the terms and provisions of the Amendment, in the form as submitted
by the City Manager, are approved and that the Mayor is authorized to execute, and the City
Clerk to attest, the Amendment on behalf of the City.
Section 4 . The officers and employees of the City are authorized and directed, jointly
and severally, to do any and all things necessary or advisable in order to effectuate the purposes
of this Resolution and to administer the City's obligations, responsibilities and duties to be
performed.
ADOPTED this 9th day of February, 2016.
Tere a E. Smith, Mayor, City of Orange
ATTEST:
Mary E. City Clerk, . ' range
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 9th day of February, 2016, by the following vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E7 City Clerk, Cit3 Orange
Reso. No. 10922