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22-083ORDINANCE NO. 22-083 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE A FIRST AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT WITH WASTE CONNECTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) entered into a contract with Waste Connections ("Contractor") for the delivery of predictable tonnages of solid waste to the City Landfill for both revenue and management purposes, approved by Ordinance Number 19-2505; and WHEREAS, the Contractor did not meet the obligation for the current contract year of the term due to landfill accessibility, and wishes to transfer the additional amount to the current contract year; and WHEREAS, the City has determined that the First Amendment to the Solid Waste Disposal Contract, attached hereto as Exhibit A, is in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Council of the City of Denton hereby approves the FirstAmendment attached hereto. SECTION 3. The Interim City Manager, or designee, is hereby authorized to execute the First Amendment to the Solid Waste Disposal Contract, attached hereto as Exhibit A, and to carry out the duties and responsibilities of the City as provided in the First Amendment. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by Brian Beck and seconded by Jesse Db vi s . The Ordinance was passed and approved by the following vote n -a : M LXJa/_Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2 : Jesse Davis. District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: ,/ \/ ,/ 1/ y‘ a 1/ PASSED AND APPROVED thi, th, 25 +-d,y ,f J'--.„ V , 2022 ATTEST:ROSA RIOS, CITY SECRETARY ley CIVS®HMfy APPROVED AS TO LEGAL FORM:MACK REINW AND, CITY ATTORNEYa„„#&BY: FIRST AMENDMENT TOSOLID WASTE DISPOSAL CONTRACTBETWEEN CITY OF DENTON AND WASTE CONNECTIONS THE STATE OF TEXAS §§COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS The City of Denton, a Texas home-rule municipal corporation ("City"), and WasteConnections Lone Star, Inc. ("Contractor") agree to enter into this First Amendment to SolidWaste Disposal Contract as of the effective date hereof. WITNESSETH: WHEREAS, City and Contractor originally entered into a Solid Waste DisposalContract for guaranteed tonnage delivery on October 15, 2019, approved by City OrdinanceNumber 19-2505 (the ’'Conkact"); and WHEREAS, Paragraph 23 of the Contract allows for subsequent modifications to the Contract terms via written supplemental agreement executed by both parties; and WHEREAS, Contractor did not meet the obligation for the second Contract Year ofthe term due to landfill inaccessibility; and WHEREAS, Contractor expects to have a higher need for disposal of solid waste forthe current Contract Year; and WHEREAS, Contractor has requested to transfer the unused volume for the second Contract Year of the term to the third Contract Year of the term; and WHEREAS, the City is amenable to the requested transfer of unused volume under the following terms; NOW, THEREFORE, City and Contractor agree to amend the Contract as follows: 1. Paragraph 2 of the Contract, labeled "Delivery of Acceptable Solid Waste," is hereby deleted in its entirety and replaced with the following: 2. Delivery of Acceptable Solid Waste. Contractor agrew and guarantees that it will deliver to the Landfill Acceptable Solid Waste in the following tonnage for each year of the Contract ("Guaranteed Annual Tonnage") and City agrees to acceptan Acceptable Solid Waste at the Landfill: 1 Contract Year 0 Guaranteed Annual To 62 tons 2020-2021 2021 -2022 niIE!Im76,ann 11.All other provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 25\~~ day of JenwA' y , 2021. CITY OF DENTON %"y,/ -C it\1111111 ATIEST: ROSA RIOS, CITY SECRETARY THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATrORNEY Brian Boerner ;iIi::ii:=F=1;jT's"“’ DWUjyUned Zi’„„z%rJ ChgtalV sIgned by Catherine arfton Grwpt ot#(hn•ral Gov•mmentanLe9d. ab-£athHlne CIIfton. tyofdenou=DenarVnen1 Signature BY: Title Department Date Signed: TIIE STATE OF TEXAS § § §COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared Sara Hensley, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act and deed of the City of Denton, a Texas homerule municipal corporation, as the Interim City Manager thereof, for the purposes and consideration therein expressed, in the capacity therein stated and she isauthorized to do so. CONTRACTOR: WASTE CONNECTIONS LONE STAR, INC. THE STATE OF TEXAS § § §COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared John Scbafer, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Waste Connections Lone Star, Inc., as the Division Vice President thereof, for the purposes and considerationtherein expressed, in the capacity therein stated and she is authorized to do so. GIVEN UNDER MY HAND AND 2021 pdfs WiALOPaW My DflaM©3 Exj#HAWt18l2tH22 3