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52. AMENDMENT NO.3 TO THE AGREEMENT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION AND DISPOSAL BETWEEN THE CITY OF SAN MARCOS, TEXAS AND TEXAS DISPOSAL SYSTEMS, INC. RECITALS: 1. On Apri115, 2003, the City of San Marcos, Texas, entered into a contract (the "Agreement") with Texas Disposal Systems, Inc. ("TDS") for solid waste and recyclable materials collection and disposal and related services for the City. 2. The City and TDS wish to amend the Agreement to 1) adjust the monthly rate for basic residential service based on changes in the Consumer Price Index, in accordance with Section 3.3 of the Agreement, and 2) to clarifY the time periods used for adjustments in the Consumer Price Index, AMENDl\IENT: It is understood and agreed by the parties hereto that the following amendment is incorporated into the Agreement: 1. Section 3.1.2 is amended as follows (underlining indicates added text and overstrike indicates deleted text): 3.1.2 The rates charged by the Contractor will be as follows: $13 .17 ~ per residential unit per month for basic residential service $ 5.00 per month for each additional cart 2. Section 3.3.2 is amended as follows (underlining indicates added text and o','erstrike indicates deleted text): 3.3.2 The January figures for the Consumer Price Index for Urban Wage Earners and Clerical Workers (all items), and the January figures for the Consumer Price Index for Urban Wage Earners and Clerical Workers, Expenditures Category "Gasoline,!! will be used to calculate the annual rate modification amount. March 1 of each year of this Contract will bo the Rate Modification Index :9ate-: As soon as possible after the January figures are available a Rate Modification Index Date, the Contractor will send the City a comparative statement setting out for both the All Items Index and the, Gasolule Index a) the composite percentage change equal to the net percentage change in the i\ll Items Index plus the net percentage change in the Gasoline Index; and b) the increase or decrease in the fees which may be charged by the Contractor. The rate change based on this information will be implemented by an amendment to this Contract, approved by the City Council, effective on the next ensuing anniversary date of this Contract. 3. All other terms and conditions of the Agreement shall remain in full force and effect. This amendment will take effect on July 1,2005. In witness whereot: the contracting parties execute this amendment through their duly authorized agents.