CCR1989059AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #59-89
APPROVAL OF EXTENSION OF CONTRACT AND
PERMIT FOR LANDFILL SITE
(Waste Management)
WHEREAS, the present agreement allowing Waste Management to
continue the operation of the landfill expires on March 31, 1989,
and
WHEREAS, the Plan Commission has recommended approval of
extension of the contract to December 31, 1990, and
WHEREAS, the Public Welfare Committee has recommended approval of
extension of the contract to December 31, 1990, waiving the
$50.00 application fee, with the amendments as attached.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Welfare
Committee, does hereby approve the contract with Waste Management
as attached hereto and made a part hereof, waiving the $50.00
application fee, subject to the inclusion of the attached
amendments and review of the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the Contract in the name of the City.
DATED THIS 14th DAY OF March , 1989.
PUBLIC WELFARE COMMITTEE
Ald. Patrick A. Patterson
Ald. Mitchel Penovich
Ald. David Taube I ATTEST:
City Clerk
I 3/89
FURTHER
EXTENSION OF CONTRACT AND PERMIT
THIS AGREEMENT is made between the City of Muskego,
Waukesha County, Wisconsin, a municipal corporation ("City")
and Waste Management of Wisconsin, Inc., a domestic
corporation, having its principal offices at 10850 West Park
Place, Suite 1200, Milwaukee, Wisconsin ("Waste Management").
RECITALS
HHEREAS, the parties to this AGREEMENT have previously
entered into an agreement entitled EXTENSION OF CONTRACT AND
PERMIT; executed by Waste Management on May 25, 1988 and
executed by the City on , 1988; and
WHEREAS, said EXTENSION OF CONTRACT AND PERMIT granted
a permit and license to WASTE MANAGEMENT to continue the
operation of its sanitary landfill as shown in Exhibit A
incorporated herein by reference until March 31, 1989 and
WHEREAS, the parties desire to further extend the permit
and license so as to permit WASTE MANAGEMENT to continue said
operation.
NOW THEREFORE, in consideration of the mutual covenants
and conditions contained in EXTENSION OF CONTRACT AND PERMIT
as amended by the following, IT IS AGREED:
4.
1. The Plan Commission having recommended approval of the
extension of the Permit for WASTE MANAGEMENT'S continued
operation of its sanitary landfill, said action having
been taken at its March 7, 1989 meeting; the City does
extend the conditional use permit previously granted in
the EXTENSION OF CONTRACT AND PERMIT.
2. The Permit and License granted by the City in the
EXTENSION OF CONTRACT AND PERMIT are extended from March
31, 1989, for a period of 21 months, through December 31,
1990.
3. The consideration for the conditional use permit, and to
cover other license, inspection, clerical and
administrative fees to the City provided in Section 3.2
shall be increased to provide that the payment by WASTE
MANAGEMENT shall be at the annual rate of $27,500
commencing January 1, 1989, with a credit being given for
any payment already made by WASTE MANAGEMENT for January,
February and March, 1989. Payment of the $27,500 (less
credit for payments, if any, for January - March 1989)
shall be due within ten (10) days after the City's
execution of this Agreement. Payment of the remaining
consideration of $27,500 due under this Agreement shall
be due January 1, 1990.
Section 3.2 of ARTICLE I11 shall be amended as follows:
"In addition to the license fees referred to herein, WASTE
MANAGEMENT will provide as consideration for the license and
permit herein issued, free disposal 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 generated by the residents of the City of Muskego, and
that resedential waste generated on the agricultural forms in
the City of Muskego. Residential waste does not include waste
from commercial establishments or industrial establishments.
The right to free disposal by the residents of the City of
Muskego shall continue through December 31, 1990 or until the
landfill reaches design capacity, whichever occurs first.
WASTE MANAGEMENT shall give the CITY at least ninety (90) days
prior notice that the landfill will reach design capacity.
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 rules and regulations as are
mutually agreed to by WASTE MANAGEMENT and the CITY to ensure
that the free discosalprovisions contained herein are carried
out in an orderly fashion.
5. A certified coy of the resolution of WASTE MANAGEMENT'S
Board of Directors approving this agreement is attached
hereto as Exhibit B.
6. A certified copy of the Resolution of the City of Muskego
Common Council is attached hereto as Exhibit C.
7. All other terms and conditions of the EXTENSION OF
CONTRACT AND PERMIT, not inconsistent with the foregoing,
remain in full force and effect.
WASTE MANAGEMENT OF WISCONSIN, INC.
DATED: March 14, 1989 BY :
TITLE :
ATTEST :
TITLE:
Pursuant to Resolution No. of the City of Muskego, this
Agreement is hereby executed.
Dated: CITY OF MUSKEG0
BY:
Wayne G. Salentine,
Mayor
ATTEST :
Jean K. Marenda, Clerk
ZXHiBiT A
APPROXIMATE PROPERTY OWNERSHIP
MUSKEG0 LANDFILL
4-1-87
!
EXHIBIT A
WASTE MANAGEMENT OF WISCONSIN, INC.
CERTIFIED COPY OF RESOLUTION OF
I, Randal W. Saltzman, do hereby certify that I am the
duly elected and acting Assistant Secretary of Waste
Management of Wisconsin, Inc., a Wisconsin corporation,
principal place of business at 10850 West Park Place, Suite
licensed to do business in the state of Wisconsin, having its
1200, Milwaukee, Wisconsin; that the following is a full, true
and correct copy of a resolution adopted at a special meeting
of the directors of said corporation, duly held and convened
on the first day of March, 1989 in accordance with the
articles of incorporation and bylaws, and which have not been
in any way rescinded, modified or altered, but are still in
full force and effect; and that the following resolution was
Management of Wisconsin, Inc.:
adopted by the unanimous consent of the directors of Waste
RESOLVED, that the President, William R. Katzman and the
Assistant Secretary, Randal W. Saltzman of this corporation
I are hereby authorized and directed to execute on behalf of the
corporation a ceratin agreement between this corporation and
the City of Muskego in the form as attached hereto.
IN WITNESS WHEREOF, I have here onto subscribed by name
as assistant secretary, and have caused the corporate seal of
this corporation to be affixed this 14th day of March, 1989.
Randal W. Saltzman
Assistant Secretary
Waste Management of Wisconsin, Inc.
( Seal)
EXHIBIT B
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #59-89
PERMIT FOR LANDFILL SITE
(Waste Management)
WHEREAS, the
continue the operation of the landfill exp on March 31, 1989,
and
WHEREAS, the Plan Commission has recom ed approval of
extension of
WHEREAS, the Public Welfare Commit
extension of
$50.00 appli
Section 3.1
conditional
other licens
the City dur
shall pay to
due and paya
due and paya
of $48,125.00.
In the event
disposing of refuse ound which is mutually agreeable to all
parties, this Agreem can be reopened for new negotiations.
Section 3.2 shall amended to read: In addition to the license
fees referred to
the license and
ein, Waste will provide as consideration for
to fulfill t
mit herein issued, adequate landfill capacity
the City. It understood that the residential waste herein
ds of the residential waste of the residents of
referred to
the City of
City of Musk
commercial establishments or industrial establishments. The
shall continue for the life of the site with 90 day notice of right to free disposal by the residents of the City of Muskego
closing. All costs incidental to the transport and disposal of
the waste in a licensed sanitary landfill should the site become
filled to its design capacity prior to the expiration of the
contract period shall be borne by Waste. 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 Waste and the City to
provisions contained herein are carried out in an orderly
ensure that reasonable rules and regulations for free disposal
fashion.
0 Resolution #59-89
Page 2
NOW, THEREFORE, RE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Welfare
Committee, does hereby approve the contract with Waste Management
as attached hereto and made a part hereof, waiving the $50.00
application fee, subject to the inclusion of the above amendments
to Sections 3.1 and 3.2., and review of the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the Contract in the name of the City.
DATED THIS DAY OF , 1989.
PUBLIC WELFARE COMMITTEE
Ald. Patrick A. Patterson
Ald. Mitchel Penovich
'0 ATTEST :
1 City Clerk
Ald. David Taube
EXTENSION OF COXIUCT AND PERMIT
THIS AGREEMENT is made betsieen the City of Muskego, Uaukesha County,
Wisconsin. a municipal corporation (hereinafter referred to as "City"),
and Waste Management of Wisconsin, Inc., W124 N8925 Boundary Road,
Menomonee Falls, Wisconsin, a Wisconsin corporation (hereinafter referred
to as "'Jaste").
ARTICLE I
SecEion 1.1, Waste is presenzly the ovner or lessee of certain lands
locatad in the City of Xuskego, which lands insofar as they are pertinent
to this Agreement, are shown on a map incorporated herein by reference as
Exhibit "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,
Departsent 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 AGXEED bemeen the parties that this Agreement is in
the nature of a contract becdeen the parties and is a permit and license
for Waste to operate a sanitary landfill in the area described from
January 12. 1988, until Harch 31, 1989.
ARTICLE I1
Section 2.L. The Plan Commission having recommecded approval of a
permit for Waste to operate the sanitary landfill, said action having
been taken at its Januar:J 19,, 1988 - meeting, the City hereby does
issue Waste a conditional use permit for the area described on Exhibit
"A", being an area of approximately EO 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 sanitar] landfill site to be operated by 'Jaste.
Secrion 2.2. The Pernir and License are hereby issued from
Januaq 1, 1988, until ?larch 31, 1989, pursuant to the tsrms of the plan
of operacton and license issued by the 'Jisconsin De?ar:ment of Xatural
Zesources.
Secsion 2.3. The landfLll operacion and this License and Pernit are
subjecz to annual review by the Ciqr Plan Commission, pursuanc to the
Zoning Ordinance and to the Ordinance ~19L of the Ciyr of Huskego The
Pernit and License heraby issued are to be continuin3 for the term of
this Agreement, subject io the continuing right of inspection of the
City, and subject to the revocacion for cause as more fully set forth
herein.
Section 2.h. The annual fee provided for by Ordinance *19h 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 1194 and under the Zoning Ordinance shall be
deemed to be in the amount of $25,000.
-2-
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 heraunder pursuant to Ordinance *194, are
issued concurrently In the event conditional use status is tenninated
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.
ARTICLE I11
SectLon 3.1. As consideration for the conditional use permit herein
issued by the City. and to cmer other license, inspection, c:er<cal and
administrative fees to the City during the term of this Agreement and
?emit. Siaste shall pay to Cicy :he 5um of $31.250 ($25.000 for 1988 and
$6,250 for January, Februar] and Xarch of 1989) Payment is due and
payable on Hay 25, 1988
0'
In the event that a mora economical and efficient method of
disposing of refuse is found -Jhich is mutually agreeable to all parties,
this Agreement can be reopened for nerJ 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 residen-
tial 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 Xuskego, and those of the agricultural farms
1. in the City of Muskego. Residential Waste does not include waste from
I -3-
commercial establishments
free disposal by the resi
or
dent
industrial establishments The right to
:s of the City of Huskego shall continue for
the full term of this contract extension regardless of vhether the site
is filled to its design capacity prior to the expiration of one year.
All costs incidental to the transport and disposal of the wastes in a
licensed sanitary landfill should the site become fiiled to its design
capacity prior to the expiration of the contract period shall be borne by
Vasts. 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 agree to by Waste and the city to
ensurs thar reasonable rules and regulations for free disposal provisions
contained herein are carried out in an orderly fashion.
SectLon 3.3. Wasre shall be ;Laitad by this Agreement to a daily
tonnace requirement noc to exceed 600 cons per day, six days per week.
iiaste shall make available for inspeccion by a duly-appointed representa-
ri-re of the City, for the pur7ose of determining the validifq of this
clause, its records relaring to ronnage delivered to the site in
accordance herewith,
Section 3.4, DNR Ree1lation.s. Federal EP.4 Reellations apd Other
Governmental Reeulations. Waste shall operate the site at all times in
substantial compliance with all rules and regulations of the Department
of Natural Resources, the federal EPA and all other governmental
regulations applicable to sanitary landfill operations, whether now in
effect or hereafter adopted and at all times under a license from the
Department of Natural Resources
-4-
Section 3.5. Public Health Provisions. 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 sanitar] landfill on the site to prevenr:
(a) Contamination of underground waters;
(b) Contamination of surface vatsrs run-off adjoining properties;
(c) Disposal of paper and debris into adjoining properties and, if
properties, Waste shall promptly collect and return the same to
any such material is blown or carried to such adjoining
site;
(d) Breeding and spreading of rodents;
(e) Emission of offensive odors and smoke;
(f) Emission of dust from roadxays and routss of travel to or in
the site.
Seczlon 3.6. TrarsTorrine SolLd Wastes, All ;lastes transported
into Ciq for disposal at tSe sics by Vaste or any licensee shall be
hauled only over County and State highvajrs 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 necessar] to prevent blowing of material.
This section does not preclude the use of Crowbar Road north of State
Highway Z& for access to the landfill.
Section 3.7. Hours of Ooerarion. The hours of operation at rhe
site shall be confined to the hours of 7:OO a.m. to 4:30 p.m. on Monday
through Friday and from 7 30 a.m. to 4,OO p.m. on Saturday. In the event
of extraordinary circumstances due to weather or breakdovn of equipment,
those hours shall be extended if an emergency can be shown, by approval
of the ?layor.
-5-
Section 3.8. Licensees. Waste shall keep on file with the City
Clerk of CirJ the name of eveq 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.
Section 3.9. The City shall have the right after hearing and
pursuant to the provisions of Ordinance X194 with respect to revocation
to terninate this permit .if Vaste has substantially breached any of the
terns of this Agreement or any of the rules of the Department of Natural
Resources vith respect to the operation of the landfill site or any of
the provisions of Ordinance 3194 as it now exists or may be hereafter
amended.
Seczion 3.10. Ar3itration. In z5.e event the parties do not agree
upon the meaning or application of acy provision of this Agreement or of
compliance vith the Closure and/or Estoration Plan, such dispute shall
be submitted to arbitration, Ciq snall designate an arbitrator and
'Jaste shall name an arjirrator; bots ar3itrators shall asree upon a third
arbicrator If they are unable to agree on a third arbitrator within
fPie (5) days, the third arbicrator shall be appointed by a Circuit Judge
to be designed 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 arbitracors shall
be binding on both parties
ARTICLE IV
Section b.1. Plot Plan. Restoration Plan and Operational Plans
previously submitted to the City and approved by the City Plan Commis-
-6-
0 sion, all of which are on file vith the City Clerk, are herein incor-
porated by reference and made terns and conditions of this Permit. In
the event. however, of any conflict bet-deen the Plan of Operation and the
terns of this License and Pemit, the stricter provisions shall prevail.
ARTICLE V
Section 5.t. 1ndemni:-r. 'iasre shall hold City harmless from any
damages to adjoining or directly affected property ovners arising out of
the operation of Waste under this Agreement, including the reasonable
expenses of defending any accion relating thereto. This indemnity shall
continue after the tecn of Slaste's operations at the site as to any
claiss for damages alleged to arise out of Waste's operations ac the
site.
0- Seczion 5.2. Test 'Jells. '.iasta will keep in operation its present
test well and install such ocher ;-ells as the Wisconsin Departnent of
?lac.xal Resources may require to monitor possible underground water
pollution.
SeczLon 5.3, Insolvencv of rjaste. In case of the insolvency of
Waste, or any assignment for the benefit of ics creditors, Ciq shall
have the right to terminate this Agreement and the permit issued
hereunder and to conclusively deternine that Waste has failed to perform
the provisions of this Agreement and of the permit issued hereunder.
Section 5.4. Wasce Resolution. A certified copy of the resolution
of Waste's Board of Directors approving this Agreement is attached
hereto as Exhibit "5".
-7-
SeczTon 5.5. Muskego Resolution. A certified copy of the
resolution of the Huskego Common Council is attached hereto as Exhibit
"C".
ARTICLE VI
Section 6.1. Waste and the Ciq recognize the need to continue the
exploration of the effectiveness and acceptability of recycling and.
accordingly, they will agree to provide at the landfill site containers
and "on premise" supervision in connection with City-sponsored programs
for the collection of recyclable material and will work with the City in
connecrion with any such prosrams ir is developing, 'Jaste shall provide
fi-7e containers with covers vhich ara mutually agreeable to the City and
'Jaste to collecc glass, cans, alminu and paper.
Yothing in this Agreernent skall prevent Waste xanagernent of
Uisconsin. Inc , from buying and/or otherdise disposing of the property
which is the subject of this Agreement
Section 6.2. Upon reasonable prior written notice to the City,
Waste shall relocate upon the landfLll site, at the sole expense of
Waste, the City of Muskego Police shooting range
Dated. $Sl?i \ LC? <". WASTE MANAGEMENT OF WISCONSIN, INC
By :
By :
-a
Pursuant to Resolution Xa. 135-38 of the City of Huskego, this
Agreement is hereby executed.
Dated: June 1, 1988 CIlY OF MUSKEG0
By : U” df
Wa$ G. Salentine, Mayor
-9-
.
'1 APPROXIMATE PROPERTY OWNERSHIP
MUSKEGO LANDFILL I
I I
4-1-07
i
EXHIBIT A
a-
EXHIBIT B
CEXTIF'ICXTION
THE IrNDEFSIGNED. RICaARD L. AX-LET, DOES iIEREBY CERTIT" THAT:
1. HE IS A DWI EECZD, QUALiXEU ASSISTAhT SZCRET.U(Y OF WASTE
MAiiAGZ4!3T OF SISCONSIN, LUC.. A WISCONSIN CORPORATION.
1. ATACXZI HEXETO IS A TRE, CORRECT &MI CCELETE COPY CF A
RESOLlTION 3liL'i .ACOPT3 31 UNANMOUS CONSLV OF TIIE EOtlRD OF
DI-ZCTORS CF 323 CCPCXKICN ON NOVCIBR 32, 1984.
3. THE ESOLLXCN XDOP'ED CX NOWEX 7-1. 198s iws !JOT SEN
?!ODIFIED. .LXTd?lDE2 OR ?SCI?IDEI) AND IS STILL IX FULL FORCE
AND EFFECT.
IN WITNESS WHEFEOF. T", L?IDZXiCNED DOES HERESY SET HIS &W IWD
SEAL CF SAID CORPORATION =IS DATE OF JANUARY. 1988.
BY : 4,
Richard L. Anceiet. Asst. Secretary