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Reso 2015-864 RESOLUTION NO. 2015-864 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT APPROVING AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE. WHEREAS, the Costa Mesa Sanitary District (the "District") has an existing Waste Disposal Agreement (the Waste Disposal Agreement) with the County of Orange (the "County") which requires the District to dispose of all specified solid waste generated within the District to County landfills and for the County to accept all such waste at a price agreed upon by the District and County; and WHEREAS, the Waste Disposal Agreement became effective on or about July 23, 2009, and by its term is set to expire on June 30, 2020; and WHEREAS, the Waste Disposal Agreement provides that the County will not accept waste imported from outside the County at County landfills after June 30, 2016; and WHEREAS, an Amendment to the Waste Disposal Agreement (the "Amendment") has been negotiated between the County and various cities throughout Orange County to provide for continuation of importation of waste from outside the County at County landfills in exchange for allocation to the cities and certain sanitary districts of a portion of future importation revenues and to extend the terms of this activity within the Waste Disposal Agreement to June 30, 2025; and WHEREAS, the Board of Directors desires to ensure that solid waste generated within the District can be disposed of in an environmentally safe manner and at a reasonable cost for the near future; and WHEREAS, the proposed Amendment furthers these goals by, among other things, ensuring that solid waste generated within the District can be disposed of at County landfills through June 30, 2025; that the landfills will . be operated in an environmentally safe and reliable manner; and that the cost of disposing of solid waste at County landfills will be reasonable. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: Section 1. The foregoing recitals are true and correct. Section 2. The Board of Directors hereby finds and determines that the proposed Amendment to the Waste Disposal Agreement between the County of Orange and the Costa Mesa Sanitary District ("Amendment") furthers the public health, safety and welfare. Section 3. The Board of Directors hereby finds and determines that the terms and provisions of the Amendment, in the form as submitted by the General Manager, are approved and that the President of the Board is authorized to execute, and the District Clerk to attest, the Amendment on behalf of the District. Section 4. The officers and employees of the District are authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and to administer the District's obligations, responsibilities and duties to be performed. PASSED and ADOPTED this 28th day of May, 2015. s(Z,14,.Secretary, Costa. Mesa Sanitary District President, Costa esa Sanitary District Board of Directors Board of Directors 2 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2015-864 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 28th day of May 2015 by the following votes: AYES: Scheafer, Perry, Ooten, Schafer, Ferryman NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 9_81day of /7/1 2015. o_lani ►' idd- way Clerk of the Costa Mesa Sanitary.District 3