HomeMy WebLinkAboutMINUTES - 01181994 - 1.72 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 , Weak , 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
Boats of Supervisors on the date shown.
ATTESTED: January 18, 1994 __.
PHIL BATCHELOR,clerk of the Board
of Supervisors and County Administrator
..Deputy
2
1 EXHIBIT B
2 REQUIREMENTS FOR FRANCHISE AGREEMENTS AND COVENANTS
3 MADE APART OF FRANCHISE AGREEMENTS
4 PREAMBLE
5 A. The City has certain obligations ("Obligations") with
6 respect to the clean, safe and efficient management of Solid Wastes
7 and the processing and diversion of Solid Wastes under the
8 California Integrated Waste Management Act, as amended, and other
9 relevant laws and regulations.
10 B. At present, the City has directed the Contractor to
11 dispose of Solid Wastes at the West Contra Costa Sanitary Landfill
12 ("WCCSL") which is the closest, but which is expected to close
13 within several years. To dispose of the Solid Wastes in an
14 economical and efficient manner at a more distant landfill after
15 the closure of WCCSL, it is necessary and appropriate to first
16 process the Solid Wastes in a clean, safe and sanitary manner at a
17 transfer station for subsequent disposal at such landfill.
18 C. City and Contractor desire to provide for the diversion
19 of Solid Wastes from landfills under the California Integrated
20 Waste Management Act, as amended, and other relevant laws and
21 regulations and to provide for the transfer and disposal of
22 remaining Solid Wastes at a more distant landfill following closure
23 of the WCCSL.
24 D. The West Contra Costa Integrated Waste Management
25 Authority ("Authority") has been formed under the laws of the State
Exhibit 8 to WCCIWMA
Second Amendment and
Restatement of the JPA
B-1 F:\DMS\KLA.DIR\0085348.10
1 of California to, among other things, provide for the
2 implementation of an Integrated Resource Recovery Facility to be
3 operated for the benefit of the Authority and the residents within
4 the jurisdictional boundaries of the Authority, and pursuant to the
5 Authority - County Contract, the residents within the area subject
6 to said Contract.
7 E. The City is a signatory to the Joint Powers Agreement
8 creating the Authority and the Second Amendment and Restatement of
9 the Joint Exercise of Powers Agreement, and is thereby a member of
10 the Authority and obligated to comply with the provisions of said
11 Joint Powers Agreement.
12 Accordingly, the City has determined that in order (i) to
13 provide for the clean, safe and efficient management of Solid
14 Wastes, and (ii) to meet the Obligations, it is the best interest
15 of the City to Enter into this Amendment
16 1. DEFINITIONS
17 1.01 "Agreement" means the Franchise Agreement as amended by
18 this Amendment.
19 1.02 "Amendment" means this Amendment.
20 1.03 "Authority" means the West Contra Costa Integrated Waste
21 Management Authority, a joint exercise of powers authority
22 established and existing pursuant to Government Code Section 6500
23 et seq. , or any successor entity and shall have the same meaning as
24 defined in the Joint Power Agreement.
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-2 F:\DMS\KLA.DIR\0085348.10
1 1.04 "Authority - County Contract" means that certain contract
2 between the Authority and Contra Costa County dated May 25, 1993,
3 as amended from time to time and shall have the same meaning as
4 defined in the Joint Powers Agreement.
5 1. 05 "Closing Date of the IRRF Financing" means the date of
6 initial delivery of the IRRF Bonds to the original purchasers of
7 the IRRF Bonds.
8 1. 06 "Designated Facility" means a Solid Waste Management
9 Facility or Facilities designated from time to time by Authority to
10 receive some or all Directed Wastes and materials and shall have
11 the same meaning as defined in the Joint Powers Agreement.
12 1.07 "Designated Rates" means (i) the rates as authorized by
13 Authority from time to time to be paid for Directed Waste and
14 Materials received at the Designated Facility or Facilities and/or
15 (ii) any additional amounts determined by the Authority as
16 necessary to provide for the planning and implementation activities
17 of the Authority, to pay other costs and obligations of the
18 Authority, or to implement the Authority - County Contract to the
19 extent such additional amounts are not included by the Authority
20 in the rates authorized to be charged at the Designated Facility or
21 Facilities and shall have the same meaning as defined in the Joint
22 Powers Agreement.
23 1.08 . "Directed Waste and Materials" means Solid Waste and
24 Separated Materials, or portions or types of such waste or
25 materials (including recyclables) collected pursuant to this
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-3 F:\DMS\KLA.DIR\0085348.10
1 Agreement and directed by the Authority to be delivered to the
2 Designated Facility or Facilities and shall have the same meaning
3 as defined in the Joint Powers Agreement.
4 1.9 "Franchise Agreement" means that certain agreement by and
5 between City and Contractor dated , as
6 existing prior to this Amendment.
7 1. 10 "In Lieu Surcharge" means a surcharge as determined from time
8 to time by Authority in the event of shutdown or abandonment of an
9 IRRF as this term is defined in the Joint Powers Agreement .
10 1.11 "Interim Recycling Center" means the existing facility
11 generally located northwesterly of the intersection of an extension
12 of Garden Tract Road and Parr Boulevard and established for the
13 processing of source separated Solid Waste.
14 1. 12 "IRRF" or "Integrated Resource Recovery Facility" means
15 an integrated resource recovery facility, including land on which
16 such facility is located, for receiving, processing, recycling and
17 transportation or transfer of Acceptable Waste and Material, or the
18 recovery of materials for diversion, or any combination thereof,
19 which facility is owned either wholly or in part by the Authority
20 or by a private entity, but in all events is operated for the
21 benefit of the Authority and the residents within the
22 jurisdictional boundaries of the Authority, and within the area
23 subject to said Authority - County Contract and shall have the same
24 meaning as defined in the Joint Powers Agreement.
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-4 f:\DMS\KLA.DIR\0085348.10
1 1. 13 "IRRF Bonds" means the Authority-approved debt securities
2 issued to finance the planning, design, construction and
3 performance testing of an Integrated Resource Recovery Facility and
4 additional indebtedness, as approved by the Authority, to finance
5 the improvements or modifications to an Integrated Resource
6 Recovery Facility.
7 1.14 "Joint Powers Agreement" means the joint exercise of
8 powers agreement creating the Authority and that certain Second
9 Amendment and Restatement of the Joint Powers Agreement by and
10 among the Cities of E1 Cerrito, Hercules, Pinole, Richmond and San
11 Pablo, including any subsequent amendments thereto.
12 1.15 "Solid Waste" shall mean all materials subject to
13 collection pursuant to the Agreement more particularly as set forth
14 on of the Agreement.
15 1.16 "Solid Waste Management Facility" shall mean an
16 Integrated Resource Recovery Facility, or transfer station or
17 material recovery facility or landfill or combination thereof.
18 2. DIRECTION OF SOLID WASTE
19 2.01 Notwithstanding any other provision of the Agreement,
20 City has control and authority to direct Contractor to deliver
21 Solid Wastes, or portions or types of such Wastes, to the
22 Designated Facility. The City hereby directs the Contractor to
23 deliver all Directed Waste and Materials, including without
24 limitation all Directed Waste and Materials collected by the
25 Contractor hereunder to the Designated Facility or Facilities
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-5 F:\DMS\KLA.DIR\0085348.10
1 commencing upon receipt of notice from Authority.
2 2. 02 Contractor agrees it shall deliver Directed Waste to the
3 Designated Facility or Facilities as specified by the Authority
4 upon City and Contractor's receipt of direction from Authority, and
5 said deliveries shall begin upon the date specified by Authority in
6 its notification to City and Contractor and continue until City and
7 Contractor receive notice from Authority to suspend delivery of
8 Directed Waste to the Designated Facility.
9 2.03 Suspension of delivery of some or all Directed Wastes to
10 the Designated Facility shall occur only upon receipt of notice
11 from the Authority and shall be for no longer period than specified
12 by Authority.
13 2.04 Contractor shall comply with all of the rules and
14 regulations of the Designated Facility or Facilities, including
15 without limitation, rules governing the types and characteristics
16 of Solid Waste that may or may not be acceptable for delivery to
'17 the Designated Facility or Facilities, the manner of delivery of
18 Solid Wastes, the payment of Designated Rates, and payment of any
19 costs arising at the Designated Facility or Facilities due to
20 failure of Contractor to comply with rules and regulations of the
21 Designated Facility or Facilities.
22 2.05 Nothing in this Amendment shall affect the rights of City
23 or Contractor with respect to the direction of Solid Waste until
24 such Waste is directed by Authority as contemplated herein.
25 Further, nothing in this Amendment shall be construed to affect the
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-6 F:\DMS\KLA.DIR\0085348.10
I
1 rights of the City or Contractor with respect to the direction of
2 the waste stream in the event that the Authority at any time
3 thereafter permanently discontinues direction of the Directed Waste
4 to a Designated Facility or Facilities.
5 2.06 Contractor covenants and agrees that it will not
6 purchase, dispose or recycle, offer to purchase, dispose or recycle
7 or contract for the purchase, disposal or recycling of, directly
8 or indirectly, any Solid Waste (or portions or types of such Solid
9 Waste) which would otherwise be collected pursuant to the Agreement
10 and delivered to the Designated Facility or Facilities and that it
11 will not otherwise divert, or cause to be diverted or allow to be
12 diverted, in any way, Solid Waste to any use,Iany other Solid Waste
13 Management Facility or other party without the approval of the
14 Authority.
15 3. DESIGNATED RATES
16 3.01 Contractor shall, without regard to the amount collected
17 pursuant to Section 3.03 of this Amendment, pay over to the
18 operator of the Designated Facility or Facilities, without
19 reduction, limitation, offset, or adjustment of any kind, all
20 amounts owing in accordance with Designated Rates for Directed
21 Waste and Materials delivered to said Designated Facility or
22 Facilities and said payments shall be made at the times and in the
23 manner specified by the Authority.
24 3.02 Contractor shall, without regard to the amount collected
25 pursuant to Section 3.03 of this Amendment, pay over to Authority,
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-7 F:\DMS\KLA.DIR\0085348.10
l
1 without reduction, limitation, offset or adjustment of any kind,
2 all amounts authorized by Authority in accordance with Designated
3 Rates which are in addition to the rates authorized to be charged
4 at the Designated Facility or Facilities and said payment shall be
5 made at the times and in the manner specified by the Authority.
6 3.03 Notwithstanding any other provision of the Agreement, and
7 in addition to all rates and charges otherwise allowed under the
8 Agreement, Contractor shall collect from all residential and non-
9 residential customers whose Solid Waste is delivered to the
10 Designated Facility or Facilities the collection rate amounts
11 specified by the Authority for such services and no more.
12 3.04 Collection of the amount authorized by Section 3.03 of
13 this Amendment is hereby authorized to begin upon the date that
14 Contractor commences delivery of Directed Wastes to the Designated
15 Facility.
16 4. IN LIEU SURCHARGE
17 4.01 Notwithstanding any other provision of the Agreement, and
18 in addition to all rates and charges otherwise allowed under the
19 Agreement, Contractor shall collect from all residential and non-
20 residential customers an In Lieu Surcharge when and if such In Lieu
21 Surcharge is authorized by the Authority and such collection shall
22 be in such amounts and at such times as specified by the Authority.
23 4.02 Contractor agrees to pay over to the Authority or another
24 party designated by Authority, without reduction, limitation,
25 offset or adjustment of any kind, all amounts collected pursuant to
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-8 F:\DMS\KLA.D1R\0085348.10
1 Section 4 .01 of this Amendment at the times and in the manner
2 required by the Authority.
3 4.03 All amounts collected by Contractor pursuant to Section
4 4.01 of this Amendment, including interest earnings on said
5 amounts, shall be held in trust by Contractor for benefit of the
6 Authority or other party designated by Authority.
7 4. 04 All amounts collected by Contractor as an In Lieu
8 Surcharge shall be deposited in a segregated account ("In Lieu
9 Surcharge Account") .
10 4. 05 The date of collection of the amount authorized by
11 Section 4. 01 of this Amendment shall begin upon the date specified
12 from time to time by Authority as the effective date of an In Lieu
13 Surcharge and continue for the period specified in Authority's
14 notification to City and Contractor of the Authority's
15 authorization of an In Lieu Surcharge.
16 S. SECURITY INTEREST
17 5.01 Contractor and City agree to take all such action as may
18 be required to grant and perfect a security interest in the In Lieu
19 Surcharge Account established pursuant to Section 4.04 of this
20 Amendment, including interest earnings thereon, to the Authority, or
21 the Authority's assignee.
22 5.02 Contractor warrants and represents that it has not
23 granted a security interest in, or otherwise encumbered, the In
24 Lieu Surcharge Account or funds required to be deposited therein
25 and covenants not to grant any other security interest in said
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-9 F:\DMS\KLA.DIR\0085348.10
1 amounts.
2 5.03 It is understood and agreed that Contractor shall have no
3 title or other interest in the In Lieu Surcharge Account except as
4 trustee; that Contractor has no right to retain, disburse, use,
5 apply or encumber funds required to be collected as an In Lieu
6 Surcharge and is expressly prohibited from doing so except as
7 disbursement of funds is expressly provided for in Section 4.02 of
8 this Amendment; and that Contractor shall not commingle its own
9 funds or other funds with the In Lieu Surcharge Account.
10 6. AUTHORITY AS THIRD PARTY BENEFICIARY
it 6.01 The provisions of this Amendment are expressly declared
12 to be intended for the benefit of the Authority, in addition to
13 City and Contractor.
14 6.02 The Authority is an intended third party beneficiary of
15 this Amendment and shall have the right to pursue all available
16 legal and equitable remedies to enforce the provisions of this
17 Amendment.
18 7. SALVAGE RIGHTS
19 All salvage rights granted to Contractor by the Franchise
20 Agreement are hereby deleted from the Agreement during any period
21 where the Authority directs City and Contractor to deliver Directed
22 Waste to the Designated Facility or Facilities.
23 8. INTERIM RECYCLING CENTER
24 8.01 The parties acknowledge that a portion of the rates being
25 collected under the Franchise Agreement for the establishment and
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-10 F:\DMS\KLA.DIR\0085348.10
1 operation of the Interim Recycling Center will be included in
2 Designated Rates beginning on the date specified by Authority for
3 commencement of delivery of Directed Waste to the Designated
4 Facility.
5 8. 02 City and Contractor agree that Authority shall determine
6 the amounts being collected under the Franchise Agreement for the
7 establishment and operation of the Interim Recycling Center and
8 that, upon commencement of delivery Directed Wastes to a Designated
9 Facility, all said amounts will be a part of Designated Rates and
10 shall not otherwise be collected under the Agreement.
11 8.03 The provisions of this Section 8 shall not be applicable
12 to the City of E1 Cerrito.
13 9. BOORS AND RECORDS
14 9.01 Contractor shall keep adequate books and records of the
15 revenue from rates and fees charged pursuant to Article 3 and
16 Article 4 hereof and the Contractor's expenses incurred in
17 accordance with Article 3 and Article 4 hereof. Contractor shall
18 make available its records respecting such revenue and expenses
19 during business hours upon reasonable notice.
20 9. 02 Contractor shall make quarterly reports to the Authority
21 of its revenue and expenses set forth in Section 9.01.
22 9.03 Contractor shall make quarterly reports to the Authority
23 on the amount of Solid.Waste collected by the Company hereunder and
24 the disposition of said Solid Waste. Such reports shall be in such
25 form and detail as may be required for the City and/or the
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-11 F:\DMS\KLA.DIR\0085348.10
N 4
1 Authority to accurately report compliance with Solid Waste
2 diversion requirements.
3 9. 04 Contractor shall either (a) keep adequate books and
4 records showing disposition of all Solid Waste collected pursuant
5 to the Agreement and allow Authority to inspect same during normal
6 business hours upon reasonable notice, or (b) implement Solid Waste
7 allocation methods and procedures approved from time to time by the
8 Authority. The Contractor shall cooperate with and assist the
9 Authority in the Authority's development of Solid Waste allocation
10 methods and procedures.
11 10. MISCELLANEOUS PROVISIONS
12 .10.01 In furtherance of the representations, warranties and
13 covenants contained in this Amendment, whenever and so often as
14 requested by Authority or any assignee thereof, City and Contractor
15 agree to promptly execute and deliver or cause to be delivered all
16 such other and further assurances, documents or instruments and
17 promptly do so or cause to be done all such other and further
18 things as may be necessary or reasonably required in order to
19 further and more fully vest in the Authority, or its assignee, all
20 advantages, benefits, interest, powers, privileges and rights to
21 be conferred upon Authority by this Amendment.
22 10. 02 Both parties and their respective legal counsel have
23 independently reviewed this Amendment and agree that any rule that
24 ambiguities are to be construed against the drafting party shall
25 not apply.
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-12 F:\DMS\KLA.DIR\0085348.10
1 10.03 This written Amendment contains all of the
2 representations and sets forth the complete agreement of the
3 parties with respect to the subject matter hereof. Except as
4 specified in this Amendment, any prior correspondence, drafts,
5 memoranda, agreements, warranties or representations with respect
6 to the subject matter of this Amendment are superseded in total by
7 this Amendment.
8 10.04 In the event of conflict between this Amendment and the
9 other provisions of the Agreement, this Amendment shall control and
10 if any term or provision of the Agreement or other agreement
11 between the City and Contractor could be construed to in any way be
12 in conflict with the provisions of this Amendment, the provisions
13 of this Amendment shall control.
14 10.05 If for any reason, any Solid Waste that is subject to
15 collection pursuant to the Agreement is held not to be subject to
16 collection under the Agreement by' the State or Federal Legislature,
17 or a court, agency or administrative authority (other than City,
18 Authority, or Contractor) with jurisdiction over the parties, the
19 parties intend that the Agreement shall remain in effect with
20 respect to any Solid Waste not so identified.
21 10.06 Nothing in this Amendment shall prevent the City from
22 directing Contractor to deliver Solid Wastes to the West Contra
23 Costa Sanitary Landfill prior to the Authority's direction to begin
24 delivery of Directed Waste to the Designated Facility or
25 Facilities.
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-13 F:\DMS\KLA.DIR\0085348.10
1 10.07 Nothing in this Amendment is intended to alter the rights
2 of City and Contractor with respect to collection of Solid. Waste,
3 rather, this Amendment is intended to address only those matters
4 specifically set forth herein.
5 11. NOTICES
6 A copy of any notice required or permitted under the
7 Agreement which pertains directly or indirectly with the subject
8 matter of this Amendment shall be provided to Authority
9 concurrently with the delivery of said notice to the other party
10 and said notices shall be addressed to: West Contra Costa
11 Integrated Waste Management Authority, One Alvarado Square, San
12 Pablo, California 94806, Attention: Executive Director, Fax. No.
13 (510) 236-1636, or other such address or Fax Number as the
14 Authority may specify in writing to the parties.
15 12. EFFECTIVE DATE
16 This Amendment shall become effective upon the Closing
17 Date of the IRRF Financing, provided said closing date occurs prior
18 to March 31, 1994. The provisions of Section 2, 3 and .7 of this
19 Amendment shall expire and cease to be of further force and effect
20 at such time as the Authority ceases to have the right, whether by
21 contract or otherwise, to require City to deliver Solid Waste to
22 the Designated Facility or Facilities. Any expiration of such
23 provision shall not affect any other provisions of the Agreement,
24 which shall remain in full force and effect in accordance with
25 their other applicable terms without giving further effect to such
26 expired provisions.
Exhibit B to WCCIWMA
Second Amendment and
Restatement of the JPA
B-14 F:\DMS\KLA.DIR\0085348.10