CCR1988218COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #218-88
AUTHORIZING APPROVAL OF AGREEMENT
(Leachate Dumping)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Utilities Committee, does
hereby authorize the Mayor and Clerk to execute the attached
agreement in the name of the City.
DATED THIS 27th DAY OF September , 1988.
PUBLIC UTILITIES COMMITTEE
Ald. Harold Sanders
Ald. Daniel Hilt
Ald. Thomas Repischak
ATTEST :
City Clerk
9/88
.i =
AGREEMENT
WHEREAS. the CITY OF MUSKEGO, hereinafter referred to as "CITY",
operates a sewer system; and
WHEREAS, the undersigned, hereinafter referred to as "FUTURE
PARKLAND", is a landfill operator; and
WHEREAS, the CITY and FUTURE PARKLAND with the cooperation and
approval of the Milwaukee Metropolitan Sewerage District, hereinafter
referred to as "MMSD", wish, on a trial basis, to test a system
whereby FUTURE PARKLAND may unload certain leachate into said sewer
system.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS :
1. That anything unloaded by said FUTURE PARKLAND into said
system shall only be the type of material approved by all applicable
government agencies, rules, laws and regulations.
2. The unloading site shall be located at Manhole in road at
W143 S6400 College Court, City of Muskego, and will be open only
during the periods in which the unloading is operated and supervised
by representatives of MMSD, and it is contemplated at this time that
I the site will be open between 7:OO a.m. and 5:OOp.m. Monday through
Fridays and between 8:OO a.m. and 4:OO p.m. on Saturdays. 1
3. The site will never be used without an operator supplied by
MMSD being on the premises and said operator inspecting and approving
each load.
1
4. The site will operate on a trial basis and may be closed for
any reason or no reason at all at any time with no prior notice to
anyone by MMSD or the CITY; this agreement may be terminated at any
time for any reason or no reason at all by the CITY with no prior
notice to anyone. 1 5. FUTURE PARKLAND will pay any and all applicable fees
including the fee of the CITY which at this time is $1.20 per 1,000
gallons; the CITY'S fee of $1.20 per 1,000 gallons will be paid to the
MMSD operator at the time of the use of the facility.
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6. FUTURE PARKLAND agrees to accept the responsibility for
maintaining the sewer line on College Court to Tess Corners Drive to
the satisfaction of the CITY and all other applicable government
agencies, and if for any reason said line is not so maintained, the
facility may be closed by the CITY with no further notice to anyone.
7. FUTURE PARKLAND or its hauler will be licensed with the CITY
at an annual fee of $ 30’ per truck.
8. FUTURE PARKLAND agrees that if any change in the use of the
facility is required by tlE1SD. the CITY or any other applicable
government agency, it will immediately comply.
9. FUTURE PARKLAND shall indemnify and save harmless the CITY,
its officers, agents and employees and shall defend the same from and
against any and all claims, losses, damages, suits, judgments, costs,
expenses, attorney fees, etc. to whomever owed and by whomever and
whenever they are sought, ordered or maintained, which may in any
manner result from, or arise in the course of, out of, or as a result
of the acts of FUTURE PARKLAND including, but not limited to, the
dumping of leachate into the CITY sewer system or by the violation of
FUTURE PARKLAND of any rules, laws, regulations, ordinances, etc. of
any government unit or agency; said losses or damages indemnified
against may be those of the CITY.
10. It is understood by FUTURE PARKLAND that the CITY may
require in order for FUTURE PARKLAND to continue operating under this
agreement that FUTURE PARKLAND, at its expense, to the specifications
of the CITY, construct certain odor control devices in the CITY sewer
system.
11. FUTURE PARKLAND and its successors and assigns shall be
bound by the terms of this agreement.
Dated this day of , 1988.
CITY OF MUSKEGO
By :
Wayne G. Salentine, Hayor Future Parkland Development, Inc.