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Resolution No. _____________ |
Board of Supervisors, County of San Mateo, State of California |
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Resolution Amending the Adopted Increases in the County Compensation Rate at the Ox Mountain Sanitary Landfill |
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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that |
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WHEREAS, the County of San Mateo ("County") and Browning-Ferris Industries of California ("BFI") entered into an agreement on September 1, 1999 ("Agreement"), the subject of which is landfill operations at the Ox Mountain Sanitary Landfill in San Mateo County ("Landfill") owned by BFI; and |
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WHEREAS, pursuant to the Agreement BFI pays a compensation to the County based on the County Compensation Rate in effect and the amount of solid waste received at the Landfill, and the County may, at any time, adjust the County Compensation Rate in its sole discretion; and |
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WHEREAS, on June 10, 2003, this Board, by adopting Resolution No. 066011, adjusted the County Compensation Rate; and |
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WHEREAS, the increase in the Compensation Rates in accordance with Resolution No. 066011 created a situation whereby BFI had insufficient time to adjust it's contracts with certain users of the Landfill, and would therefore incur an unintended loss in net revenue; and |
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WHEREAS, by adopting Resolution No. 066011 it was not the intention of this Board that BFI incur a net loss in revenue; and |
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WHEREAS, BFI has requested that certain modifications in the County Compensation Rates as previously adopted by this Board; and |
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WHEREAS, this Board finds it necessary and desirable to revise the adjustment of the County Compensation Rate it previously approved by the adoption on June 10, 2003, of Resolution No. 066011. |
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NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that
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1. |
Resolution No. 066011 of this Board of Supervisors, adopted on June 10, 2003, is hereby rescinded. |
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Effective January 1, 2004, the County Compensation Rates described in Section 5.07 of the Agreement shall be $7.02 per ton or $1.75 per cubic yard, except that the County Compensation Rate for auto shredder fluff, sewage sludge, contaminated soil and inert materials shall be $5.02 per ton or $1.25 per cubic yard and the County Compensation Rate for Yard Waste (as defined in the Agreement) shall be the County Compensation Rate pursuant to the First Amendment to the Agreement, dated March 28, 2000. |
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Effective January 1, 2004, Exhibit B - Revised Landfill Rate Schedule, Effective July 1, 2002, of the Agreement as amended shall be superseded and replaced by Exhibit B - Revised Landfill Rate Schedule, Effective January 1, 2004, attached hereto and made a part hereof by reference. |
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