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RESOLUTION NO. 99-25 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADJUSTING THE BASE ANNUAL TONNAGE OF ACCEPTABLE SOLID WASTE IN CITY OF MOSCOW SOLID FRANCHISE AGREEMENT EXHIBIT C OPERATIONS OF TRANSFER STATION SITE FROM ITS CURRENT RATE TO 28,000 TONS; PROVIDING THE PROVISIONS OF THIS RESOLUTION SHALL 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 C-Operations of Transfer Station Site to the Franchise Agreement for Collection of Solid Waste in accordance with the temns 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 base annual tonnage of acceptable solid waste received at the site to an annual rate of 28,000 tons; and WHEREAS, the base annual tonnage of acceptable solid waste level is intended to be a measure of the volumes which can be processed for the amount of the annual operational reimbursement fee and is used as a way to determine whether there are increased volumes which require additional personnel and equipment to process the materials, and thus, additional payments to be made during the contract year over and above the base annual tonnage of acceptable solid waste; and WHEREAS, City of Moscow finds that such modification is appropriate and desirable to ensure the continuation of an efficient system for the collection of solid waste within the City of Moscow. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: Section 1: That all existing Resolutions concerning or adopting a base annual tonnage of acceptable solid waste pursuant to Exhibit C-Ope rations of Transfer Station Site Section 3.0(b), 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Waste entered into the 301h day of September, 1993, between the City of Moscow and Latah Sanitation, Inc., are hereby superceded by this Resolution.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: That the base annual tonnage of acceptable solid waste shall be as set out in the attached City of Moscow Solid Waste Franchise Agreement Amendment Exhibit C-Operations of Transfer Station Site Section 3.0(b). 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 the establishment of a base annual tonnage of acceptable solid waste included in the attached City of Moscow Solid Waste Franchise Agreement Amended Exhibit C-Operations of Transfer Station Site Section 3.0(b), effective date October 1, 1999, or other provision shall not affect the remaining rates 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. Resolution 99-25 Pag0 1 of2 ---PAGE BREAK--- PASSED by City Council and APPROVED by the Mayor, this 201h day of September, 1999. ?ffW , c ;}11 Christine Bainbridge, City ClerkJ / Rt>solution 99-25 Paw' 2 of 2 ---PAGE BREAK--- Re: City of Moscow, Solid Waste Franchise Agreement Exhibit C - Operations of Transfer Station Site Section 3.0 Changes base annual tons to 28,000. 3.0 b. Franchisee's Annual Compensation is based upon a base annual tonnage of acceptable solid waste received at said site of ENVY , TWENTY EIGHT THOUSAND TONS (28,000).