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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION N0.2004-094 (1051/1217/1481) <br />RESOLUTION ADVISING ORO LOMA SANITARY DISTRICT THAT CITY WILL NOT <br />PARTICIPATE IN ANY EXTENSION OF DISTRICT'S AGREEMENT WITH WASTE <br />MANAGEMENT AFTER AUGUST 31, 2007 AND THAT CITY INTENDS TO ASSERT <br />EXCLUSIVE JURISDICTION OVER SOLID WASTE AND RELATED COLLECTION <br />ACTIVITIES IN PARTS OF THE CITY COTERMINOUS WITH ORO LOMA SANITARY <br />DISTRICT COMMENCING SEPTEMBER 1, 2007 <br />WHEREAS, Section 700 of the City's charter grants the City the authority to require a <br />franchise for the use of public streets and Section 3-6-300 authorizes the award of an exclusive <br />franchise for the collection of solid waste, recyclables and green waste from commercial, industrial <br />and residential properties; and <br />WHEREAS, the Oro Loma Sanitary District has been responsible for the collection and <br />disposal of solid waste within its boundaries under the Sanitary District Act of 1923; and <br />WHEREAS, upon annexation of those portions of the District into the City of San Leandro, <br />the City secured exclusive authority over solid waste collections, but agreed to allow Oro Loma to <br />continue exercising collection authority; and <br />WHEREAS, in 1994 the City and the District entered into an MOU with respect to the <br />District providing recycling services in the City area and MOU contained language stating that the <br />City would not act to void, assume or otherwise interfere with the existing Oro Loma garbage <br />collection agreement prior to its expiration on May 30, 2003; and <br />WHEREAS, in 2000 the term of the MOU was extended to August 31, 2007. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />