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HomeMy WebLinkAbout176-95RESOLUTION NO. 176-95 REQUESTING MEMBERSHIP IN THE CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY WHEREAS, the Town of Danville, pursuant to Public Resource Code Section 49300 and preexisting laws, has authority to provide for the collection, transfer and disposal of solid waste generated within its town limits through issuance of exclusive collection franchises; and WHEREAS, Central Contra Costa Solid Waste Authority (hereinafter "CCCSWA") is a joint powers agency formed pursuant to Government Code Section 6500, et seq. and currently is comprised of member agencies of the Cities of Walnut Creek and Orinda and Central Contra Costa Sanitary District (CCCSD) and the County of Contra Costa; and WHEREAS, a joint powers agency, as a separate public entity, may exercise those powers commonly held by its respective members, to the extent the member agencies provide for the exercise of such common powers to the joint powers agency; and accordingly, CCCSWA, through its Joint Powers Agreement, as it is to be amended, will have the authority to contract for the collection, transfer and disposal of solid waste generated within jurisdictional boundaries of its member agencies; and WHEREAS, Central Contra Costa Sanitary District (hereinafter "CCCSD"), pursuant to its enabling act, and as otherwise provided for in Public Resources Code Sections 40000 et seq., has historically provided for the collection, transfer and disposal of solid waste generated within certain portions of its jurisdictional boundaries including those areas within the jurisdictional boundaries of the Town of Danville; and WHEREAS, the Central Contra Costa Sanitary District's current solid waste franchise agreement for the Town of Danville expires on February 29, 1996; and WHEREAS, the Town of Danville has concluded that franchising of solid waste collection on a regional basis within the CCCSWA jurisdictional boundaries will serve to consolidate coordination and planning of such collection, transfer and disposal activities, while providing an opportunity to maximize the ratepayers' market power while providing for economies of scale, thus benefitring the public served by CCCSWA, including the citizens of Danville; and WHEREAS, the Town of Danville is willing to delegate its solid waste collection franchise authority (for refuse, recycling and green waste) to CCCSWA, and has determined that the Town desires membership in the CCCSWA; now therefore, be it RESOLVED that the Town of Danville requests full membership and representation in CCCSWA effective concurrent with the termination of the current franchise and the initiation of service under the new CCCSWA franchises on March 1, 1996; and be it FURTHER RESOLVED that the Town of Danville wishes to retain its representation through the Mutual Defense Group administered by the Central Contra Costa Sanitary District in the matter of the Acme Landfill litigation with funds set aside for that purpose in the rate structure adopted by the CCCSWA under the new franchise agreement. APPROVED by the Town Council of the Town of Danville at a Regular Meeting held on November 21, 1995, by the following vote: AYES: Greenberg, NOES: None ABSTAINED: None ABSENT: None Doyle, Ritchey, Shimansky, Waldo MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: ACTING CITY CLERK PAGE 2 OF RESOLUTION NO. 176-95