HomeMy WebLinkAboutRESOLUTIONS - 01181994 - 94-59 14
•/ 1 rj
RESOLUTION OF THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY, CALIFORNIA Resolution
No. 94/59
WHEREAS, Contra Costa County has entered into an Agreement
with the West Contra Costa Integrated Waste Management Authority
(the Authority) dated May 25, 1993 (the Authority - County
Contract) which provides, among other things, for the development
of an Integrated Resource Recovery Facility (the "IRRF" ) in West
Contra Costa County; and
WHEREAS, West County Resource Recovery, Inc. (the
"Borrower" ) is developing the "IRRF" in West Contra Costa County
to be regulated by the Authority in accordance with the
Authority-County Contract. The Borrower and the Authority have
entered into the Service Agreement relating to the provision of
services at the IRRF; and
WHEREAS, the funds for the development of the IRRF will be
equity contributed by the Borrower and the proceeds of the
issuance of the Bonds, which Bonds will be supported by a letter
of credit (the "Letter of Credit" ) to be issued by Union Bank
pursuant to that certain Reimbursement Agreement dated as of
January 1, 1994 among the Borrower, Union Bank and Mechanics Bank
of Richmond, as banks (the "Banks" ) , and Union Bank, as agent for
the banks (the "Agent" ) (the "Reimbursement Agreement" ) ; and
WHEREAS, this Resolution is made to clarify any possible
ambiguities in the Authority - County Contract because of the
Authority's decision to allow financing through bonds issued by
the California Pollution Control Authority, supported by private
financing of the IRRF rather than Authority financing and to
confirm to the Borrower, the Banks, and the Authority, the rights
and obligations of Contra Costa County regarding the operation
and effect. of the Authority - County Contract in light of the
issuance of the Bonds; and
WHEREAS, Richmond Sanitary Service and the County have
entered into a Franchise Agreement dated October 12, 1993, which
includes an Exhibit "D" thereto which Exhibit "D" is entitled
"Collection Franchise Agreement Requirements" and is Exhibit "A"
to the Authority - County Contract; and
WHEREAS, Exhibit "A" to the Authority - County Contract is
based upon Exhibit "B" to the West Contra Costa Integrated Waste
Management Authority Joint Exercise of Powers Agreement as
amended as of November 14, 1991 (the "prior Joint Powers
Agreement" ) ; and
WHEREAS, the prior Joint Powers Agreement has been amended
and restated in the West Contra Costa Integrated Waste Management
Authority Second Amendment and Restatement of the Joint Exercise
of Powers Agreement dated December 21, 1993 (the "current Joint
Powers Agreement" ) ; and
WHEREAS, the current Joint Powers Agreement amends the
"Collection Franchise Agreement Requirements" which are attached
to the current Joint Powers Agreement as Exhibit "B; " and
WHEREAS, the County and the Borrower wish to replace Exhibit
"A" attached to the Franchise Agreement with the "Collection
Franchise Agreement Requirements" exhibit attached to the current
Joint Powers Agreement as Exhibit "B" in order to conform and
clarify the rights and obligations of the County to those of the
member agencies of the Authority with respect to the provisions
of the Franchise Agreement respecting the IRRF,
IT IS THEREFORE RESOLVED:
1 . For so long as (i) the Service Agreement is in effect or
(ii) obligations are owed to the Banks under the Reimbursement
Agreement, whichever is longer, the County intends to and will
perform its obligations under the Authority-County Contract and
the Franchise Agreement in accordance with their terms and the
County will not take any action to terminate such agreements nor,
without the prior written consent of the Agent amend such
agreements in a way which would materially effect the right of
the Authority to establish Designated Rates or the obligation of
the County to direct waste to the IRRF and pass through
Designated Rates .
2 . The obligation of the County and the cities party to the
Joint Powers Agreement to impose the In Lieu Surcharge and
Designated Rates on their respective ratepayers and to direct
waste to the Designated Facility shall survive the termination of
the Authority-County Contract, for so long as (i) the Service
Agreement is in effect or (ii) obligations are owed to the Banks
under the Reimbursement Agreement, whichever is longer.
3 . Exhibit "A" to the Franchise Agreement is hereby amended
and replaced with Exhibit "B" to the current Joint Powers
Agreement, which is entitled "Collection Franchise Agreement
Requirements . " The Community Development Director or his deputy
is hereby authorized to execute the Certificate of Amendment -
Franchise Agreement Between Contra Costa County and Richmond
Sanitary Services Inc. on behalf of the County.
4 . For the purposes of this Board Resolution, the following
terms have the following respective meanings when used herein:
"Bonds" has the meaning defined in the Service Agreement.
"Designated Facility" has the meaning assigned to such term `
in the Joint Powers Agreement.
"Designated Rates" has the meaning assigned to such term in
the Joint Powers Agreement.
"In Lieu Surcharge" has the meaning assigned to such term in
the Joint Powers Agreement.
"Service Agreement" is the agreement dated as of January 1,
1994 , entitled Service Agreement for the Integrated Resource
Recovery Facility Between the West Contra Costa Integrated Waste
Management Authority and West County Resource Recovery, Inc.
Passed and adopted on Jan. 18, 1994 , by the following vote:
Ayes: Supervisors Smith , Bishop , McPeak , Powers
Noes: None
Absent: Supervisor Torlakson
Abstain: None
I hereby certify that this is a true and correct COPY of
an action taken and entered on the minutes of the
Boarr+of supervisors on the date shown.
ATTESTED: January 18, 1994
PHIL BATCHELOR,Clerk of the Board
Of Supervisors and County Administrator
by .Deputy
2