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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