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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2006-061 (1481) RESOLUTION AUTHORIZING A FIRST AMENDED AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND THE ORO LOMA SANITARY DISTRICT AND ESTABLISHMENT OF A FRANCHISE FEE ON REFUSE SERVICES IN THE L3 AREA WHEREAS, the City of San Leandro (City) and the Oro Lorna Sanitary District (District) have entered into a "Term Sheet Agreement", as approved by the City on March 6, 2006 and approved by the District on March 7,2006, regarding refuse and recycling services within the City presently provided by the District through its franchise agreement with Waste Management of Alameda County (WMAC). The District has designated the portion of the City that receives residential, commercial and industrial refuse and recycling services by WMAC as the "L-3" area; and WHEREAS, the terms and conditions of the Term Sheet Agreement were incorporated into an Agreement (Original Agreement) dated March 21, 2006 as approved by the City on March 20, 2006 (Resolution No. 2006-029) and by the District on March 21, 2006; and WHEREAS, the City and District desire to enter into a First Amended Agreement (attached hereto as Attachment "A") to clarify certain terms and conditions and to provide for the establishment ofa San Leandro Franchise Fee on WMAC for the privilege of providing refuse services in the L-3 area; and WHEREAS, refuse and recycling service within the L-3 area ofthe City is presently provided by the District through an exclusive franchise agreement with Waste Management of Alameda County (WMAC) that expires September 1,2012; and WHEREAS, the City has the legal authority pursuant to state law, its City Charter and the provisions of Chapter 5-5 of the San Leandro Municipal Code to require payment of a franchise fee for the privilege of providing solid waste/refuse collection services within the L-3 area; and WHEREAS, presently, the City does not receive a franchise fee for refuse services provided by WMAC in the L-3 area; and WHEREAS, it is the intent of the City and the District to establish a long-term agreement, in which the District continues to provide refuse, green waste and recycling services in the L-3 area and to resolve and settle a good faith disagreement between the City and District as to whether responsibility for refuse, green waste and recycling service collection in L-3 rests with the City or District NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE, as follows: 835638-1