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Resolution 2007-52 RESOLUTION NO. 2007-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH, REFUSE AND RECYCLABLE MATERIALS WHEREAS, Chapter 12 of the Gilroy City Code provides that the City of Gilroy ("City") may contract for the collection, removal and transportation of garbage, rubbish, refuse and recyclable materials in the City; and WHEREAS, the City and South Valley Disposal & Recycling, Inc., are currently parties to an Agreement Between the City of Gilroy and South Valley Disposal & Recycling, Inc. (SVDR), dated September 2, 1997, ("Franchise Agreement"), and as amended on July 6, 1999, and June 19, 2000, by which the City granted to SVDR the franchise to collect, transport and dispose of garbage, rubbish, refuse and recyclable materials produced within the city limits for the benefit and in the interest of the health, safety and welfare of its citizens; and WHEREAS, the Franchise Agreement provides that after the third year of the Franchise Agreement, the rates and charges set forth in the Agreement shall be subject to adjustments which correspond to increases or decreases in price indexes in accordance with the terms and conditions set forth in Exhibit "J" of the Franchise Agreement; and WHEREAS, the proposed 2007 rate adjustment includes the 2007 annual rate adjustment of 3.88% to the collection rates for solid waste services and an additional 1.49% for the new single stream recycling program which begins in January 2008; and \JH\728163.1 060507-04706093 Resolution No. 2007-52 WHEREAS, the documentation for this rate adjustment is set forth in the City Staff report dated June 4,2007, and the letter from SVDR dated February 15,2007, attached hereto as Exhibit "A" and incorporated by this reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the maximum charges and rates for collection of garbage, rubbish, refuse and recyclable materials as adjusted in accordance with the terms and conditions set forth in Exhibit "J" of the Franchise Agreement, such charges and rates are set forth in Exhibit "B" attached hereto and incorporated herein by this reference, to become effective on July 1,2007. PASSED AND ADOPTED this 11 th day of June, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: ~r ATTEST: ) /\ ILl II/fA ! )'.~i,i' (cA' Rhonda Pellin, City Clerk \JH\728163,1 060507-04706093 Resolution No. 2007-52 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-52 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 11 th day of June, 2007, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 18th day of June, 2007. \. ./ // . J), - 1.. I" (./ ) i tt If. v~ L L {_ c/l City Clerk of the City of Gilroy (Seal)