Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

* * * * * *

Resolution Adopting Garbage and Recyclables Collection Rates in County Service Area No. 8 - North Fair Oaks Area, Establishing the User Charge Rate for the Garbage and Recyclables Service Charges Report for County Service Area No. 8, and Authorizing the Director of Public Works to Make a Payment of $96,000 to Browning Ferris Industries

______________________________________________________________

RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, that certain franchise agreement entitled Franchise Agreement Between the County of San Mateo and BFI Waste Systems of North America, Inc. for Solid Waste, Recyclable Materials and Plant Materials Collection Services ("Franchise Agreement") was approved by the County of San Mateo on February 8, 2000, and was effective January 1, 2000; and

WHEREAS, the Franchise Agreement sets forth the terms and conditions of solid waste, recyclable materials and plant materials collection services in County Service Area No. 8 (CSA8); and

WHEREAS, Section 6.10 of the Franchise Agreement provides that this Board may revise the garbage collection rates for CSA8 by resolution of this Board, and this Board finds it is necessary and desirable to adopt said Exhibit "A" as the rate schedule for garbage collection in CSA8:

WHEREAS, each year pursuant to Chapter 4.04 of the San Mateo County Ordinance Code, this Board adopts a service charges report containing the individual charge to be placed on the tax roll for garbage and recyclables collection services for each applicable parcel of real property in County Service Area No. 8; and

WHEREAS, this Board desires to establish a new service charge rate to be used in calculating the Garbage and Recyclables Service Charges Report for CSA8.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that

1.

The service charge to be used in preparing the Garbage and Recyclables Service Charges Report for County Service Area No. 8 shall be $18.05 per pickup unit, until said charge is changed by a subsequent action of this Board.

2.

Exhibit "A" attached hereto, and made a part hereof by reference, is adopted as the garbage collection rate schedule for services provided pursuant to the Franchise Agreement for County Service Area No. 8, effective February 1, 2004, except for those charges due BFI from the County pursuant to the 2003-04 Garbage and Recyclables Collection Charges Report for County Service Area No. 8 for which the charges contained in Exhibit "A" shall be effective on January 1, 2004.

3.

The Director of Public Works be, and is hereby, authorized and directed to make a payment of $96,000 to Browning Ferris Industries from County Service Area No. 8 to partially offset the January 1, 2004 deficit in County Service Area No. 8's BFI Balancing Account due to prior years' revenue shortfalls. Said payment to be made pursuant to invoice by Browning Ferris Industries.

* * * * * *