94-270 RESOLUTION NO. 94R-270
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING A
GUARANTEE TO THE COUNTY OF ORANGE
OF PAYMENT OF GATE FEES FOR SOLID
WASTE COLLECTION AND DISPOSAL
WHEREAS, Taormina Industries, Inc. ("TII") is the
holder of a city of Anaheim franchise for collection and disposal
of solid waste (the "Franchise") and has entered into a further
agreement with the city of Anaheim pursuant to said Franchise
dated NQvember 22 , 1994 and entitled "Agreement for Lien
pursuant to Solid Waste Franchise" (the "Agreement"); and
WHEREAS, pursuant to the Franchise, the City of Anaheim
pays TII a monthly fee (the "Service Fee") from the fees
collected by the City from residents and businesses within the
City for collection and disposal of solid waste; and
WHEREAS, the Franchise provides that in the event of
any assertion by the operator of the Designated Disposal Facility
(as defined in the Franchise) that tipping fees or other payments
for the disposal of City Solid Waste (as also defined in the
Franchise) have not been paid by the Franchisee, then the City
shall not be required to pay that portion of the Service Fee
until the dispute has been resolved; and
WHEREAS, much of the solid waste collected by TII
within the City of Anaheim and other cities is disposed of at
locations owned by the County of Orange and managed by the County
of Orange Integrated Waste Management Department; and
WHEREAS, the County of Orange Integrated Waste
Management Department requires a guarantee of the gate fees
charged to TII for disposal of Anaheim's and other cities' solid
waste; and
WHEREAS, the County of Orange has requested, as a
guarantee of the gate fees for the City of Anaheim's portion of
commercial and residential solid waste, a lien against funds of
the City of Anaheim which would be paid to TII as its Service Fee
under the Franchise; and
WHEREAS, pursuant to said Agreement, TII has heretofore
consented to said lien and has assigned to the County of Orange
certain amounts which may become due and owing to TII by the city
under the terms of the Franchise.
NOW, THEREFORE, BE IT RESOLVED by the city Council of
the City of Anaheim that there is hereby authorized a continuing
lien in favor of the County of Orange against the monthly Service
Fee payments to become due to TII pursuant to the Franchise, in
the amount of gate fees owing and unpaid by TII to the County of
Orange for disposal of the City of Anaheim's portion of
commercial and residential solid waste.
BE IT FURTHER RESOLVED that upon receipt of TII's
monthly billing statement and verification that the gate fees
owed to the County of Orange for disposal of the City of
Anaheim's portion of commercial and residential solid waste have
not been paid, an amount sufficient to pay such gate fees shall
be deducted from funds owed by the City of Anaheim to TII before
disbursal of such funds to TII, and the amounts deducted shall be
paid directly to the County of Orange.
BE IT FURTHER RESOLVED that this authorization may be
rescinded by the City by giving thirty (30) days' advance written
notice by mail to the County of Orange and TII.
BE IT FURTHER RESOLVED that the City Manager is
authorized to implement this Resolution and to execute any and
all documents required therefor.
BE IT FURTHER RESOLVED that the City Attorney is
authorized to affirm to the County of Orange that the lien
authorized hereby is a legal obligation of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22ndday of November
1994.
ATTEST:
CITY
~, ~. CITY CLERK OF ~ OF ANAHEIM
9018.2\EEGAN\October 14, 1994
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-270 was Introduc¢,cl and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 22rid day of November, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFy that the Mayor of the City of Anaheim signed said Resolution No. 94R-270 on
the 23rd day of November', 1994.
IN WITNESS WHEREOF, ~ have hereunto set my hand and affixed the official seal of the City of Anaheim
this 23rd day of November, 1994.
CITY CLI--RK OF TH~ITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, Cil~y Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 94R-270 was duly passed and adopted by the City Council of the City of Anaheim on
November 22, 1994.
~r~.CITY CLI--RK OF THE OF ANAHEIM