CCR1989263COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #263-89
BETWEEN WASTE MANAGEMENT OF WISCONSIN, INC.
APPROVAL OF REVISED AGREEMENT
AND CITY OF MUSKEGO
(Sewer - County Trunk L)
WHEREAS, The City of Muskego approved an agreement between Waste
Management of Wisconsin, Inc. and the City of Muskego for
sanitary sewer service to its sanitary landfill located on
Crowbar Road by adoption of Resolution #238-89 adopted September
12, 1989, and
WHEREAS, Waste Management has agreed to revise the map attached
to the agreement in certain respects, and
WHEREAS, the Public Utilities Committee has reviewed revised
agreement and has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Utilities
Committee, does hereby approve the revised attached agreement
subject to the Agreement being returned to the City properly
executed by October 20, 1989, with a resolution of the Board of
Directors of Waste Management, satisfactory to the City Attorney,
authorizing this Agreement, a letter of credit to the City as set
forth in the Agreement, and a payment of $148,688 for the RCA's
as referred to in Paragraph 14.
BE IT FURTHER RESOLVED if all of the contingencies stated above
are not met by October 20, 1989, this Agreement is null and void.
BE IT FURTHER RESOLVED that the attached agreement is not binding
Mayor and Clerk.
on the City until such time as the agreement is executed by the
DATED THIS 10th DAY OF October , 1989.
PUBLIC UTILITIES COMMITTEE
Ald. Harold L. Sanders
Ald. William T. Simmons
ATTEST :
Ald. David J. Sanders
City Clerk
10189
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AGREEMENT
WHEREAS, the CITY OF MUSKEGO, a municipal corporation
organized under the laws of the State of Wisconsin, hereinafter
referred to as "CITY", wishes to extend sewer service by
construction of a sewer main as generally shown on a document
entitled MSS-2-89; and
WHEREAS, WASTE MANAGEMENT OF WISCONSIN, INC., a Wisconsin
corporation, hereinafter referred to as "WASTE", and the owner of
a licensed sanitary landfill within the CITY, wishes to obtain the
services of a municipal sanitary sewer line to its sanitary
landfill located at (see cross-hatched area on the map which is
attached hereto and marked Exhibit A), Muskego, Wisconsin by way
of sewer line extension generally as referred to on the document
entitled MSS-2-89. That said document and the specifics of the
sewer service may be amended by the CITY from time to time as long
as the service to be provided is substantially the same.
NOW, THEREFORE, for valuable consideration acknowledged by
each party, IT IS AGREED AS FOLLOWS:
1. WASTE agrees to contribute $650,000 to the CITY for the
design and installation of an expansion to the CITY'S sewer
system, and one active connection to said sewer system at the
landfill site at Manhole No. 25 as more expressly shown on the
document entit led MSS-2-89, but subject to any and all of the
terms and conditions of this Agreement and any and all laws,
ordinances and regulations of the CITY, the Milwailkee Metropolitan
Sewer District (MMSD), the Wisconsin Department of Natural
Resources (DNR), the Federal Environmental Protection Agency (EPA)
and any and all other government agencies and laws as they may
from time to time be amended. This connection is to serve only
the cross-hatched area on the map which is attached hereto and
marked Exhibit A. All additional connections to Manhole No. 25 (a
maximum of two are allowed) shall be plugged and may not become
active or convey sewage, leachate or effluent flows unless a
separate agreement is entered into with the CITY. That said
$650,000 will be used by the CITY as a grant in aid of
construction of the sewer line described on the document entitled
MSS-2-89; that furthermore WASTE shall pay to the CITY certain
reserved capacity assessments on terms and conditions described
later in this Agreement and any and all other connection fees,
user charges and other similar charges.
2. WASTE agrees to pay the $650,000 referred to above in
accordance with the following schedule of events:
A. $125,000.00 (less engineer fees already paid the CITY
on this project) upon award of the construction contract known as
MSS-2-89.
B. $225,000.00 when construction is certified to be 50%
complete by the city engineer for the CITY.
C. $225,000.00 when construction is substantially
completed.to be certified by the city engineer for the CITY.
D. $75,000.00 upon the certification that the system is
ready to use by the city engineer for the CITY.
In order to secure payments as stated in the above-schedule,
upon execution of this Agreement by the last of the two parties,
WASTE shall execute in favor of the CITY an irrevocable Letter of
Credit or at WASTE'S option, establish an Escrow Account in favor
of the CITY. Either of the above shall be in a form acceptable
to the CITY and shall allow the CITY, with no further agreement
from anyone, to withdraw the sums stated in this paragraph upon
the CITY in writing, stated to the financial institution involve?.
that the condition stated above has been accomplished.
3. That the monies referred to above to be provided by WASTE
will be used for the design, construction, installation and any
and all related expenses having to do with the construction of the
sewer line described on the document entitled MSS-2-89: that the
necessary connection, the sewer lateral from Manhole No. 25 as
described on the document entitled MSS-2-89, any holding facility,
any pretreatment facility and any other similar facility shall be
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constructed and paid for by WASTE, but to the specifications of
the city engineer for the CITY; that WASTE shall be connected to
the CITY sewer system on or before one hundred twenty (120) days
from the city engineer, certifying the system is ready to use.
4. That the CITY’S obligations under this Agreement are
contingent upon obtaining the approval of any and all necessary
government agencies for this project and obtaining a contract or
contracts for construction of said sewer line which are acceptable
to the CITY at its sole discretion and the CITY obtaining
financing for said project which is acceptable to the CITY at its
sole discretion. If any contingency in this paragraph is in the
sole opinion of the CITY, not met, the CITY, at its option, may
declare this agreement null and void except that WASTE shall be
responsible for any and all engineering, legal and similar
expenses incurred by the CITY concerning this project to that
date. If the CITY declares this contract null and void, the
letter of credit stated above shall be released when all fees .. stated in this paragraph have been paid and any RCA fees paid will
be refunded.
5. WASTE shall provide on site storage for leachate and/or
other waste in the event that said leachate and/or other waste is
determined to be harmful to the sewer system of the CITY or to be
in any other way harmful by the city engineers and/or “SD and/or
any other governmental agency: that in no event shall the on-site
storage be determined to be adequate unless it has a minimum
capacity for storage of all waste to be generated in a two day
period .
6. WASTE shall pretreat its discharge if it is required to
do so by the CITY, “SD or any other governmental agency: in no
event shall there be any discharge into the CITY sewer system
which has a measured value of a pH level which shall fall below
5.5.
7. WASTE shall pay any and all additional charges (such as
use and/or strength changes) for its discharges into the sewer
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system in compliance with the rules of the CITY, MMSD and any
other applicable government agency which may be in affect from
time to time. The CITY shall provide all billings to WASTE for
user charges including strength of discharge costs in addition to
normal sewage user charges. Additional charges for strength will
be billed in the quarterly billing period after the charges are
incurred by the CITY from "SD.
8. WASTE is subject to regulation by the Federal, State and
local standards and in the event there is a conflict between said
standards, WASTE will be subject to the most strict standard;
WASTE will never discharge any discharge into the sewer system
which contributes to any of the following conditions:
A. Interference with the MMSD treatment plant and
operation as determined by MMSD or its successors.
B. Excessive hydrogen sulfide formation and/or the
formation of other corrosive and or harmful substances in the
sewer system as determined by the CITY, "SD or any other
governmental agency.
C. Contributing to any other condition which the CITY,
MMSD or any other government agency believes is harmful to said
system.
D. Any discharge attributable to discharge by WASTE
which the CITY, MMSD or any other government agency believes may
adversely affect the system.
E. Objectional odors in the sewer system as determined
by the 'CITY, MMSD or any ather governmental agency.
9. Copies of all sampling results from the testing of
discharge from this site shall be forwarded simultaneously to the
CITY at the time they are submitted to MMSD or other entity
requesting the test.
10. WASTE shall not increase the use of potable or process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance
with limitations contained in this permit. WASTE shall provide
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protection from the possibility of discharge of prohibited Or
regulated materials or substances as may be established from time
to time by the CITY, MMSD or other government agency: where the
CITY, MMSD or another government agency determines it is
necessary, WASTE shall provide, at their expense, facilities to
prevent discharge of prohibited materials and.said facilities
shall be maintained at the expense of WASTE: WASTE shall notify
the CITY, MMSD, DNR and any other applicable government agency
immediately upon the occurrence of any discharge of prohibited
substances and WASTE shall be solely responsible for any expense
and/or damages caused by said discharge and any related engineer,
legal or similar expense.
11. WASTE may discharge into the sewer system a maximum of
20,000 gallons per day without further consent of the CITY
provided, however, that it pays any and all RCA charges, user
fees, additional charges based on strength, etc. required for said
additional discharge. WASTE'S discharged into the sewer system
shall never exceed 20,000 gallons per day on any day unless this
contract is amended in writing by the parties hereto, and the CITY
is under no obligation to provide for any larger volume of use by
WASTE: that WASTE will only discharge into the sewer system using
the discharge procedure set by the Utility Superintendent of the
CITY. The Utility Superintendent may not prohibit discharge from
WASTE without reasonable cause. If such cause does arise, WASTE
will store its leachate until such cause is removed, at which time
it shall be allowed to discharge the stored leachate in an amount
up to, but not exceeding the aforementioned maximum daily limit.
The Utility Superintendent shall not intentionally restrict or
prohibit WASTE'S discharge so as to cause the discharge once the
restriction or prohibition is removed, to be in excess of the
aforesaid daily discharge limit. Appropriate notice shall be
given by either party prior to altering the discharge schedule.
WASTE shall only be allowed discharges for those areas allowed
within this Agreement and as more specifically described and shown
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as the cross-hatched area on the map which is attached hereto and
marked Exhibit A.
12. Agents, employees or representatives of the CITY, MMSD
and any other governmental agency shall have the right to inspect
the property of WASTE at any time upon reasonable prior notice
concerning compliance with the terms of this agreement: the CITY.
MMSD and/or any other governmental agency shall have the right to
calibrate the sewer meter or meters used by WASTE at any
reasonable time upon reasonable notice.
13. WASTE 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, attorneys 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 WASTE'S discharge into the CITY'S sewer
system pursuant to this Agreement: or by the violation of WASTE of
any rules, laws, regulations, ordinances of any governmental unit
or agency pertaining to the discharge into said sewer system.
Said losses or damages indemnified against may be those of the
CITY.
14. Over and above any other payments required by the CITY,
upon the execution of this contract, WASTE shall pay a reserve
capacity assessment in the total amount of $148,688 for the
purchase of 84 RCA's at a price of $1,770 per RCA. One RCA equals
two hundred gallons per day and will allow, at no further RCA
cost, WASTE to discharge into the system a maximum of 16,800
gallons per day: any flow in excess of 16,800 gallons per day
shall result in WASTE having to purchase additional RCA's at the
then current terms and conditions and price and the monies for the
purchase of said RCA's shall be due and payable immediately, and
if not paid immediately, shall be extended upon the tax role as a
delinquent tax against the property of WASTE described as the
cross-hatched area on the map which is attached hereto and marked
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Exhibit A attached hereto and all proceedings in relation to the e collection, return and sale of the property for delinquent real
estate taxes shall apply to such special assessment except as
otherwise provided by law.
15. If in the future WASTE makes application to the
appropriate government entity or entities to expand its landfill
site onto the property described on Exhibit B, a copy of which is
attached hereto and made a part hereof, and gives the CITY notice
of the same, the CITY shall then make a good faith effort to
convince the appropriate government entities to amend the 2005
sewer service area so as to include the territory described on
Exhibit B. If the appropriate government entities include said
area described on Exhibit B in the 2005 sewer service area so as
to have the effect of making said area capable of being served by
sewer, then in that event, the area described on Exhibit B shall
be treated as part of the area described on Exhibit A and subject
to the terms and conditions of this Agreement.
DATED this day of , 1989.
CITY OF MUSKEG0
WISCONSIN, INC . WASTE MANAGEMENT OF
By : By :
WAYNE G. SALENTINE, Mayor President
By:
JEAN K. MARENDA, Clerk
By :
Secretary
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EXHIBIT A
INITIAL SEWER SERVICE AREA 7
EXHIBIT B
AREA TO BE SERVED UNDER
SECTION 15 OF THE AGREEMENT m