HomeMy WebLinkAboutReso - CC - 072-2009RESOLUTION NO. 72-2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME RATIFYING THE AGREEMENT BETWEEN
SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY AND
THE CITY OF SAN CARLOS FOR PAYMENT OF A 5%
FRANCHISE FEE TO THE CITY OF SAN CARLOS
WHEREAS, the City of Burlingame is one of twelve equity members of the South Bayside Waste
Management Authority Joint Exercise of Powers Agreement (herein SBWMA); and
WHEREAS, in 2000, SBWMA purchased the Shoreway Recycling and Disposal Center (SRDC)
from Browning Ferris Industries (BFI) which had originally constructed SRDC in 1982; at that time, BFI
had entered into an agreement with the City of San Carlos to pay San Carlos 5% of the gate fee revenues
received at SRDC in order to offset impacts created by the construction of SRDC; and
WHEREAS, SBWMA has continued to pay the 5% gate fee to the City of San Carlos because, it
assumed that contractual obligation when it purchased SRDC from BFI; and
WHEREAS, the amended SBWMA joint powers agreement of 2005 contemplated that the City of
San Carlos would continue to receive a gate fee; and
WHEREAS, SBWMA applied for and obtained approvals from the City of San Carlos for the
planned improvements to the SRDC and as part of that process, the SBWMA and the City of San Carlos
entered into a new agreement that specifically provides for the continuation of SBWMA's payment of a 5%
gate fee to the City of San Carlos; and
WHEREAS, SBWMA is currently requesting its member agencies to ratify its Agreement with the
City of San Carlos for the 5% franchise fee.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame
hereby ratifies the agreement between SBWMA and the City of San Carlos (a copy of which is attached
hereto) by which SBWMA continues to pay the City of San Carlos a 5% franchise fee on all gate revenue
received at the SRDC.
LX4- J L
Ann Keigbran, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 20h day of July, 2009, and
was adopted thereafter by the following vote:
AYES: Councilmembers: BAYLOCK,
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
DEAL, KEIGHRAN, NAGEL, O'MAHONY
L, �
Mary Ellen Rearney, City Clerk