City Council Resolution No. -2022 1
RESOLUTION NO. -2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW, CALIFORNIA, ADOPTING THE SECOND
AMENDED AND RESTATED AGREEMENT FOR SOLID
WASTE AND RECYCLABLE MATERIALS COLLECTION,
PROCESSING, DISPOSAL AND STREET SWEEPING
SERVICES FOR COMPLIANCE WITH SB 1383 –
REDUCTION OF SHORT-LIVED CLIMATE POLLUTANTS
IN CALIFORNIA
WHEREAS, the City of Barstow entered into a contract (“Franchise Agreement”) with Burrtec Waste Industries, In. (“Burrtec”) on July 1, 2004 for the collection of solid waste, garbage, rubbish, swill and recyclables within the City of Barstow; and WHEREAS, on October 4, 2006, the City adopted Resolution 4299-2006, which approved the Amended and Restated Franchise Agreement; and
WHEREAS, on September 17, 2007, the City approved Amendment No. 1 to the Franchise Agreement; and
WHEREAS, on October 6, 2019, the City approved Amendment No. 2 to the Franchise Agreement; and
WHEREAS, on July 15, 2013, the City approved Amendment No. 3 to the Franchise Agreement; and
WHEREAS, on May 2, 2016, the City adopted Resolution 4831-2016, incorporating all previous amendments as the Amended and Restated Franchise Agreement; and WHEREAS, on October 5, 2020, the City adopted Resolution 5005-2020, replacing Resolution 4831-2016 with a new Amended and Restated Agreement; and WHEREAS, desires to replace Resolution 5005-2020 with a Second Amended and Restated Agreement attached hereto as Exhibit A; and
WHEREAS, under the proposed Second Amended and Restated Agreement the City and Burrtec agree to implement programs as required under Senate Bill 1383; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The Second Amended Restated Agreement for Solid Waste and Recyclable Materials Collection, Processing, Disposal and Street Sweeping Services attached hereto as Exhibit A is hereby adopted.
SECTION 2: Severability. If any one or more portions of this Resolution shall be ruled illegal or unenforceable in any respect by a court of competent jurisdiction the City Council Resolution No. -2022 2
validity, legality and enforceability of the remaining portions and provisions thereof shall not in any way be affected or impaired and to that end the provision hereof are severable.
SECTION 3: The City Clerk shall certify to the passage and adoption of the Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED THIS 20TH DAY OF JUNE 2022
Paul Anthony Courtney, Dr. B.A.
Mayor
ATTEST:
I, Andrea Flores, City Clerk for the City of Barstow, California and ex-officio Clerk of the City Council, do hereby certify, UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Resolution No. _ -2022 which was introduced and adopted at the regular meeting of the City Council of the City of Barstow held on the 20th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Andrea Flores
City Clerk
Andrea Flores
City Clerk