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RESOLUTION NO. 99-23 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING EXHIBIT A-GENERAL SPECIFICATIONS, SECTION 19.2(a) MODIFICATION TO FEES TO UTILIZE A CONSUMER PRICE INDEX FORMULA RATHER THAN A PRODUCER PRICE INDEX FORMULA FOR CITY OF MOSCOW'S SOLID WASTE FRANCHISE AGREEMENT WITH LATAH SANITATION, INC.; PROVIDING THAT PROVISIONS OF THIS RESOLUTION BE DECLARED SEVERABLE; PROVIDING THAT THIS RESOLUTION SHALL BE IN FULL FORCE AND EFFECT AS OF 12:01 AM. OCTOBER 1, 1999; WHEREAS, the City Council finds it necessary to amend Exhibit A-General Specifications Section 19.2(a) Modification To Fees of the Franchise Agreement for Collection of Solid Waste in accordance with the terms and conditions of said franchise awarded to Latah Sanitation, Inc.; and WHEREAS, the City Council finds it to be in the best interests of the citizens of Moscow to modify the fonmula which determine the rates or fees to be paid pursuant to Franchisee as required by Exhibit A Solid Waste Collection System Franchise, General Specifications Section 19.2(a) Modification to Fees; and WHEREAS, City of Moscow finds that the modification is appropriate and desirable to ensure the continuation of an efficient system for the collection of solid waste within the City of Moscow because the City Council finds that the use of the Consumer Price Index formula for detenmination of fees more accurately reflects the business of Latah Sanitation, Inc., than does a Producer Price Index formula; NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: Section 1: That all existing Resolutions regarding rates or fees to be paid to Franchisee pursuant to Exhibit A, Solid Waste Collection System Franchise, General Specifications, Section 19.2(a) Modifications to Fees and relative to the fees to be paid to Franchisee for collection of solid waste within the City of Moscow, and which are related to the Franchise Agreement for Collection of Solid Waste entered into the 301h day of September, 1993, between the City of Moscow and Latah Sanitation, Inc., are hereby superceded by this Resolution. Section 2: The formulation and calculation of fees to be paid Franchisee for collection and disposal of solid waste shall be as set out in the attached City of Moscow Solid Waste Franchise Agreement Amendment Exhibit A-General Specifications, Section 19.2(a) Modification to Fees, attached. Section 3: That the provisions of this Resolution shall be deemed severable and the invalidity or unlawfulness of any specific sections of this Resolution, or aspect of rates and fees included in the attached City of Moscow Solid Waste Franchise Agreement Amended Exhibit A-General Specifications, Section 19.2(a) Modification to Fees, effective date October 1, 1999, or of any specific rate or fee or other provision shall not affect the remaining rates or fees or other provisions of this Resolution or attachment Section 4: This Resolution shall be in full force and effect as of 12:01 a.m. October 1, 1999. PASSED by City Council and APPR