CCR1984252RESOLUTION 11252-84
APPROVAL OF EXTENSION OF CONTRACT AND
PERMIT FOR LANDFILL SITE
WHEREAS, on June 26, 1984 in Resolution 11141-84 the Common
Council approved the extension of the contract and permit
between the City of Muskego and Waste Management which expires
approval of the contract by the City Attorney, and 12/31/84, subject to an increase in the fee to $20,000 and
WHEREAS, the City Attornex has recommended that the following
be added after the words design capacity" in sections 1.3, 2.2
and 3.1: 'I
comes first", and that Exhibit's "A" and "C" be submitted, and
or three years after January 1, 1985, whichever
WHEREAS, the Finance Committee has recommended approval.
THEREFOREy BE IT RESOLVED that the Common Council of the City
of Muskego, upon the recommendation of the Finance Committee,
does hereby authorize the Mayor and Clerk to execute the
attached document in the name of the City, with sections 1.3,
2.2 and 3.1 amended to add the follwoing after the words
"design capacity": 11
whichever comes first"; and, $20
or three years after January 1, 1985,
,000 per year included as the
annual permit fee.
BE IT FURTHER RESOLVED that this approval is subject to receipt
of Exhibit's "A" and C and subject to approval of the amended
contract by the City Attorney.
DATED THIS 27th DAY OF November Y 1984.
I1 II
FINANCE COMMITTEE
Ald. .* EyiQx
ATTEST :
City Clerk
11 184
I
I EXTENSION OF CONTRACT AND PERMIT
THIS AGREEMENT is made between the City of Muskego, Waukesha County,
Wisconsin, a municipal corporation (hereinafter referred to as "CITY"), and
Waste Management of Wisconsin, Inc., 3333 North Mayfair Road, Milwaukee,
Wisconsin, a Wisconsin corporation (hereinafter referred to as "WASTE").
ARTICLE I
Section 1.1. Waste is presently the owner or lessee of
certain lands located in the City of Muskego, which lands insofar
as they are pertinent to this Agreement, are shown on a map
incorporated herein by reference as Exllibit "A"
Section 1.2. The landfill site is as shown on Exhibit "A"
as the present filling area.
Section 1.3. The site is licensed by the State of Wisconsin, Department
of Natural Resources, and is subject to the rules and regulations of said
Department with respect to the use of the site as a sanitary landfill site,
and to any and all rules and regulations of other governmental agencies that
may be applicable.
IT IS THEREFORE AGREED between the parties that this Agreemei t is in the
nature Of a contract between the parties and is a permit and license for Waste
to operate a sanitary landfill in the area described frqm
January 1, 1985 until the area which is currently licensed by
the Wisconsin Department of Natural Resources is filled to its
approved design capacity, or .? years after January 1, 1985,
whichever comes first.
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ARTICLE I1
Section 2.1. The Plan Commission having recommended approval of a permit
for Waste to operate the sanitary landfill, said action having been taken at
its NOV. 20 , 19 - 84 meeting, the City hereby does issue Waste a condi-
tional use permit for the area described on Exhibit "A", being an area of
approximately 80 acres, as shaded. Said permit is issued pursuant to the
terms and in accordance with the provisions of the Zoning Ordinance of the
City of Muskego; and the City does hereby license and approve the site as a
sanitary landfill site to be operated by Waste.
Section 2.2. The Permit and License are hereby issued from January 1.
1985 until the area which is currently licensed by the Wisconsin Department of
Natural Resources is filled to its approved design capacity,
or ,3 years after January 1, 1985, whichever comes first;
pursuant to the terms of the plan of operation and license issued
by the Wisconsin Department of Natural Resources.
Section 2.3. The landfill operation and this License and Permit are
subject to annual review by the City Plan Commission, pursuant to the Zoning
Ordinance and to the Ordinance #194 of the City of Muskego. The Permit and
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license hereby issued are to be continuing for the term of this Agreement,
subject to the continuing right of inspection of the City, and subject to the
revocation for cause as more fully set forth herein.
Section 2.4. The annual fee provided for by grdinance #I94 shall be
deemed included in the amount of payments provided for in Section 3.2 of this
Agreement, but only for the years therein mentioned. The bond required under
Ordinance #194 and under the Zoning Ordinance shall be deemed to be in the
amount of $25,000.
Section 2.5. The conditional use status of the property involved under
the conditional use provisions of the Zoning Ordinance, and the License and
Permit granted hereunder pursuant to Ordinance +194, are issued concurrently.
In the event conditional use status is terminated in accordance with the
Zoning Ordinance in the areas subject to this Agreement and the operation
becomes non-conforming under the Zoning Ordinance, the terms of the License
provisions limiting the method of operation and the regulations of the use
shall nevertheless apply.
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ARTICLE 111
Section 3.1. As consideration for the ccnditional use permit herein
issued by the City, and to cover other license, inspection, clerical and
administrative fees to the City during the term of this A~reement and permit,
Waste shall pay to City the sum of $20,000 per year. The first payment is due
and payable on January 2, 1985, to cover the period from the date hereof
through December 31, 1985. Additional annual payments shall be made there-
after on the first business day in the month of Januzry until the design
capacity of the site is reached, or -13 years after 0 January 1, 1985, whichever comes first.
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In the event the site reaches its design capacity and cannot accept
additional waste, the payments mde pursuant to this Section shall be prorated
for the year in which such desisn capacity is reached.
In the event that a more economica! and efficient method of disposing of
refuse is found which is mutually agreeable to all parties, this Agreement can
be reopened for new negotiations.
Section 3.2. In addition to the license fees referred to herein, Waste
will provide as consideration for the license and permit herein issued,
adequate landfill capacity to fulfill the needs of the residential waste of
the residents of the City. It is understood that the residential waste herein
referred to is the normal household waste from the residents of the City of
Muskego, and those of the agricultural farms in the City of Muskego. Residen-
tial waste does not include waste from commercial establishments or industrial
establishments. Such right to free disposal by the residents of the City of
Muskego shall continue so long as the design capacity of the site shall
accommodate wastes under this P.sreement. At such time as the landfill site
has no further waste capacity, Waste shall have no further obligation to
furnish free disposal to the residents of the City under this Agreement. Such
waste disposal provisions contained in this paragraph shall be at no charge to
either the residents or the City. The City agrees to implement such policies
as are mutually agreed to by hste and the City to ensure that reasonable
rules and regulations for free disposal provisions contained herein are
carried out in an orderly fashion.
Section 3.3. Waste shall be limited by this Agreement to a daily tonnage
requirement not to exceed 600 tens per day, six days per week. Waste sha
make available for inspection by a duly-appointed representative of the City
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for the purpose of detetmining the validity of this clause, its records
relating to tonnage delivered to the site in accordance herewith.
Section 3.4. DNR Regulations and Other Governmental Regulations. Waste
shall--operate the site at all times in substantial compliana:e with all rules
and regulations of the Department of Natural Resources and all other govern-
mental regulations applicable to sanitary landfill operations, whether now in
effect or hereafter adopted and at all times under a license from the Depart-
ment of Natural Resources.
Section 3.5. Public Health Provisicns. Waste will conform with all
Department of Natural Resources rules and regulations, and all other
governmental regulations, exercise due care and take all reasonable steps in
operating its sanitary landfill on the site to prevent:
a) Contamination of underground waters;
b) Contamination of surface waters runoff adjoining properties;
c) Disposal of paper and debris into adjoining properties and if any
such material is blown or carried to such adjoining properties,
Waste shall promptly collect and return the same to site;
d) Breeding and spreading of rodents;
e) Emission of offensive odors and woke;
f) Emission of dust from roadways 2nd routes of travel to or in the
site.
Section 3.6. Transporting Solid Wastes. All wastes transported into
City for disposal at the site by Waste or any licensee shall be hauled only
over County and State highways and shall be loaded and moved in such a manner
that the contents will not fall, leak or spill therefrom and shall be covered
when necessary to prevent blowing of material. This section does not preclude
the use of Crowbar Road north of State Highway 24 for access to the landfill.
Section 3.7. Hours of Operation. The hours of operation at the site
shall be confined to the hours of 7:30 A.M. to 4:30 P.M. on Monday through
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I Friday and from 7:30 A.M. to 4:30 P.M. on Saturday. In the event of extra-
ordinary circumstances due ,to weather or breakdown of equipment, those hours
shall be extended if an emergency can be shown, by approval of the Mayor.
Section 3.8. Licensees. Waste shall keep on file with the City Clerk of
City the name of every municipality with which it has a solid waste disposal
contract or to which it has given a license or contract to haul solid wastes
to the site.
Site 3.9. The City shall have the right after hearing and pursuant to
the provisions of Ordinance #194 with respect to revocation, to terminate this
permit if Waste has substantially breached any of the terms of this Agreement
or any of the rules of the Department of Natural Resources with respect to the
operation of the landfill site or any of the provisions of Ordinance #I94 as
it now exists or may be hereafter arended.
0 Section 3.10. Arbitration. In the event the parties do not agree upon
the meaning or application of any provision of'this Agreement or of compliance
with the Closure and/or Restoration Plan, such dispute shall be submitted to
arbitration. City shall designate an arbitrator and Waste shall name an
arbitrator; both arbitrators shall agree upon a third arbitrator. If they are
unable to agree on a third arbitrator within five (5) days, the third arbi-
trator shall be appointed by a Circuit Judge to be designated by the Court
Administrator of Wisconsin. The arbitrators shall be subject to the rules of
the American Arbitration Association and Chapter 293, Wisconsin Statutes. The
decision of the arbitrators shall be binding on both parties.
ARTICLE IV
Section 4.1. Plot Plan, Restoration Plan and Operational plans previ-
ously submitted to the City and approved by the City Plan Commission, all of
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l which are on file with the City Clerk, are herein incorporated by reference
and made terms and conditions of this permit. In the event, however, of any
conflict between the plan of operation and the terms of this license and
permit, the stricter provisions shall prevail.
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ARTICLE V
Section 5.1. Indemnity. Waste shall hold City harmless from any damages
to adjoining or directly affected property owners arising out of the operation
of Waste under this Agreement, including the reasonable expenses of defending
any action relating thereto. This indemnity shall continue after the term of
Waste's operations at the site as to any claims for damages alleged to arise
out of Waste's operations at the site.
Section 5.2. Test Wells. Waste will keep in operation its present test
well and install such other wells as the Wisconsin Department of Natural
Resources may require to monitor possible underground water pollution.
Section 5.3. Insolvency of Waste. In case of the insolvency of Waste,
or any assignment for the benefit of its creditors, City shall have the right
to terminate this Agreement and the permit issued hereunder and to conciu-
sively determine that Waste has failed to perform the provisions of this
Agreement and of the permit issued hereunder.
Section 5.4. Waste Resolution. A certified copy of the resolution Of
Waste's Board of Directors approving this Agreement is attached hereto as
Exhibit "C".
Section 5.5. Muskego Resolution. A certified copy of the resolution of
the Muskego Common Council is attached hereto as Exhibit "D".
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- ARTICLE VI
Section 6.1. W3st.e and the City r?cogr.ize the fried to cormtiflue the
exploration of the effectiveness and accsptjbility of recycling and, accord-
ingly, they will agree to provide at the lar:dfill site containers acd "on
premise" supervision in connection with City-sponsored progrzns for the
collection of recyc1ab;e raterial and wil; work with tbe City in conn2c;ion
uith any such programs it is developing. :ny profits rr'e frcm this progrzm
shall be used for lake r+clamaticn.
Nothirg in this Pg-czyent shall pre:.-,t X'zste Mar?;?-ent of :fszcrsin,
Inc., frcr blJying 2nd.'.:- .~:ke%;se disCc.5 -:g .J? the ;r:;?.-ty whiz5 is :+e
subject of this A9reer.e-1.
Sectiol _-__ 6.2. Upr,n r<3scr?ble prior :.ritf?n rCtic5 :3 the C<::J, i?st?
shall relor?'.e upon thi '~-5fill site, at :-< s;!e e:<;ers? .:f Xzjte, the City
gf Mus4e;c Palice shcot;?; range.
Pursuant to Resolution No. 2g-gy of the City of Yuskego. this Azree-
rent is hereby executed.
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CERTIFICATION
THE UNDERSIGNED, RICHARD L. ANCELET, DOES HEREBY CERTIFY THAT:
1. HE IS A DULY ELECTED, QUALIFIED ASSISTANT SECRETARY OF WASTE
MANAGEMENT OF WISCONSIN, INC., A WISCONSIN CORPORATION.
RESOLUTION DULY ADOPTED BY UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS
2. ATTACHED HERETO IS A TRUE, CORRECT AND COMPLETE COPY OF A
OF SAID CORPORATION ON NOVEMBER 22, 1984.
MODIFIED, AMENDED OR RESCINDED AND IS STILL IN FULL FORCE AND EFFECT.
3. THE RESOLUTION ADOPTED ON NOVEMBER 22, 1984 HAS NOT BEEN
IN WITNESS WHEREOF, THE UND RS GNED DOES HEREBY SET HIS HAND AND
SEAL OF SAID CORPORATION THIS DAY OF NOVEMBER, 1984.
WASTE MANAGEMENT OF WISCONSIN, INC.
".
Richard L. Ancelet, Asst. Secretary
EXHIBIT C
RESOLUTION
Unanimous consent of the Directors of Waste Management of Wisconsin,
Inc., the undersigned, being all of the Directors of Waste Management of
Wisconsin, Inc., hereby take the following action and effect the adoption of
the following Resolution by their written consent.
RESOLVED, by the Board of Directors (the "Board") of Waste Management of
Wisconsin, Inc. (the "Company"), a Wisconsin corporation, as follows:
1. WHEREAS, the Board has reviewed the proposed Extension of Contract
and Permit extending the city permit issued by the City of Muskego for certain
landfilling activities undertaken by the Company; whereby it is provided that
the license and permit are to be extended for a period of time with an annual
I payment to the City of $20,000.
I 2. WHEREAS, the Board has authorized any officer of the Company to
negotiate and conclude the Extension of Contract and Permit with the City of
Muskego for the life of the existing landfill site or for as long a period of
time as can be negotiated with the city.
NOW, THEREFORE, any two officers of the Company are authorized and are
hereby directed to negotiate and sign an Extension of Contract and Permit and
any other documents necessary to extend the Company's landfilling activities
in the City of Muskego, and to take such other action that they may deem
proper to enable the Company to continue to perform such activities.
DATED: November 22, 1984