HomeMy WebLinkAboutReso - CC - 059-1999RESOLUTION NO. rig -1 999
ACCEPTING THE BARROILHET AVENUE WATER MAIN REPLACEMENT
CITY PROJECT NO. 9505-2
RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council
does hereby find, order and determine as follows:
1.The Director of Public Works of said City has certified the work done by SHAW PIPELINE
under the terms of its contract with the City dated February 1, 1999, has been completed in accordance
with the plans and specifications approved by the City Council and to the satisfaction of the Director of
Public Works.
2. Said work is particularly described as City Project No. 9505-2.
3. Said work be and the same hereby is accepted.
Mayor
I, Judith A. Malfatti, 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 7th day of
June
, 1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALL I GAN, JANNEY, KNIGHT, 0' MAHONY, SP I NELL I
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Clerk
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RESOLUTION NO. 58-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING FOURTH AMENDMENT TO FRANCHISE AGREEMENT WITH
BROWNING -FERRIS INDUSTRIES (BFI) FOR WASTE COLLECTION SERVICE
TO EXTEND THE TIME IN WHICH TO GIVE NOTICE OF TERMINATION TO
FEBRUARY 1, 2000
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the current franchise agreement with BFI as amended provides that the City
must give notice by June 30, 1999, whether it wishes to terminate the franchise with BFI., and if no
notice is given by that date, the franchise is automatically extended to September 30, 2004; and
WHEREAS, the South Bayside Transportation Authority (SBTSA) is studying alternative
approaches to solid waste disposal that would affect the City of Burlingame, and BFI has offered to
participate in developing those alternatives; and
WHEREAS, BFI has offered to extend the required time in which the City may give notice
of termination; and
WHEREAS, in Resolution No. 56-97, the City Council approved a Second Amendment to
the Uniform Franchise Agreement that extended the time in which the City could give notice to June
30, 1998; and
WHEREAS, in Resolution No.27-98, the City Council approved a Third Amendment to the
Uniform Franchise Agreement that extended the time in which the City could give notice to June 30,
1999, and the Franchise to September 30, 2000; and
WHEREAS, further discussion and negotiation with BFI and the SBTSA is required; and
WHEREAS, amendment of the franchise agreement to extend this deadline to February 1,
2000, would benefit the City and the community,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The Mayor is authorized and requested to execute the Fourth Amendment to the
Franchise Agreement between the City and BFI as contained in Exhibit A hereto.
2. The Clerk is directed to attest to the signature of the Mayor.
MAYOR
FOURTH AMENDMENT TO
UNIFORM FRANCHISE AGREEMENT
THIS FOURTH AMENDMENT to the UNIFORM FRANCHISE AGREEMENT
dated October 1, 1987 is made between the CITY OF BURLINGAME (the Agency) and
BROWNING -FERRIS OF CALIFORNIA, INC. (BFI).
WHEREAS, the parties hereto entered into a UNIFORM FRANCHISE AGREEMENT
(the Agreement) dated effective October 1, 1987; and
WHEREAS, the parties previously entered into a FIRST AMENDMENT TO
UNIFORM FRANCHISE AGREEMENT which provides for the term of the Agreement to
be automatically extended for five (5) years from its expiration date of September 30,
1999, unless the Agency gives BFI written notice prior to September 30, 1997 that it
has determined not to extend the Franchise Term: and
WHEREAS, the parties have entered into a SECOND AMENDMENT and later a
THIRD AMENDMENT to the Agreement providing that the agency would have until
June 30, 1999 to give BFI written notice of the Agency's determination not to extend the
Franchise Term; and
WHEREAS, the parties, together with other member agencies in the South
Bayside Transfer Station Authority Joint Powers Authority (SBTSA), are still in the
process of negotiating terms and conditions for the acquisition of the Transfer Station
property with BFI, and BFI has agreed to extend the date for the Agency to provide
written notice to terminate the Franchise Agreement from June 30. 1999 to February 1.
2000.
NOW, THEREFORE, BE IT AGREED as follows:
1. Section 2.2 Term, Subsection (c) is amended to read as follows:
Section 2.2(c) - Extension. The term of this Agreement shall run through
September 30, 2000 and thereafter be extended automatically for an
additional four (4) successive operating years from September 30, 2000 to
September 30, 2004; provided that such extension shall not be effective if,
on or before February 1. 2000 the Agency gives BFI written notice of the
Agency's determination not to extend the term which would expire on
September 30, 2000. All reference to "term" herein, shall be deemed to
include the extension of the amended term.
2. In all other respects the Agreement shall remain unchanged.
BROWNING -FERRIS OF CITY OF BURLINGAME
CALIFORNIA, INC.
A
Date: Date