CCR1994034COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #34-94
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND
WASTE MANAGEMENT OF WISCONSIN, INC.
DATED DECEMBER 19, 1989
Muskego and Waste Mangement of Wisconsin, Inc. dated December
WHEREAS, an Agreement was entered into between the City of
19, 1989; and
WHEREAS, the City is willing to amend the Agreement by execution
of the attached Amendment concerning RCA sewer charges to allow
temporarily special extra daily discharges; and
WHEREAS, Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
does hereby approve the Amendment to Agreement Between the City
City of Muskego, upon the recommendation of Finance Committee,
of Muskego and Waste Management of Wisconsin, Inc. Dated
December 19, 1989 to allow temporarily special daily discharges.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the attached Agreement, upon notificiation from Waste
Attorney.
completion of dates in contract, and approval of the City
Management of their desire to commence operations, upon
DATED TH1.S 8TH DAY OF FEBRUARY , 1994
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #34-94 which was adopted by the Common Council of the
0 2/94 jmb
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0 CITY OF MUSKEGO AND WASTE MANAGEMENT
AMENDMENT TO AGREEMENT BETWEEN THE
OF WISCONSINf INC. DATED DECEMBER 19, 1989
WHEREAS, the CITY OF MUSKEGO, a municipal corporation,
hereinafter referred to as "CITY", and WASTE MANAGEMENT OF
WISCONSIN, INC., a Wisconsin corporation, hereinafter referred
to as "WASTE", wish to amend a certain Agreement between the
parties dated December 19, 1989 concerning sewer charges to
allow temporarily special extra daily discharges; and
WHEREAS, the CITY is willing to allow for this special
temporary discharge because of the unique circumstances
surrounding this request in that this additional service will
facilitate the implementation of Federal Environmental
Protection Agency Superfund clean-up efforts as to this
property.
NOW, THEREFORE, BE IT RESOLVED, for valuable consideration
acknowledged by each party, as follows:
1. Paragraph 11 and Paragraph 14 of the Agreement dated
December 19, 1989 are amended to allow, pursuant to all of
the rules and regulations of the Agreement and all
regulatory agencies, a discharge into the sewer system
never to exceed 50,000 gallons per day on any day for a 0 period not to exceed 90 days commencing on the ~ ~ day - of
day of
, 1994, and ending no later than the , 1994. As this is only a
temporary special discharge, this Agreement shall allow for
the payment of a fee of $4,500.00 in advance of the
WASTE to the CITY in lieu of additional RCA charges being
commencement date referred to above in this paragraph by
imposed pursuant to the original contract provisions and
payment of $4,500.00 in lieu of additional RCA charges,
other governing rules, laws and ordinances; other than the
WASTE shall be responsible for any and all other additional
additional charges based on strength, etc. required for
charges including, but not limited to, user fees,
Agreement and all rules, regulations and ordinances of all
said additional discharges pursuant to the original
applicable governmental agencies.
2. This Agreement can be extended at the option of WASTE for
prior written notice in each instance to the CITY received
four additional subsequent 30 day periods upon 10 days
by the CITY along with an additional payment in each
or the extension period then in effect.
instance of $1,500.00 prior to the end of the original term
0 3. Fifty (50%) percent of the monies collected in fees in lieu
the additional purchase of up to 16 additional RCA's if
of REC's specifically referred to above may be applied to
Amendment to Agreement-Waste Management, Inc.
& City of Muskego - Page 2
0 WASTE, at its sole option, pays in full for said additional
REC's within 10 days after the end of the original term of
this temporary special agreement or any extension of the
same.
4. During the period of time affected by this amendment
allowing for temporary special daily discharges, the CITY
waives the requirement for on-site storage of leachate for
flows in excess of original capacities and/or other waste
contained in Paragraph 5 of the original Agreement.
Nevertheless, in the event that the additional leachate
and/or other waste discharged during this temporary period
is determined to be harmful to the sewer system of the CITY
or to be in any other way harmful by the City Engineer
and/or MMSD and/or any other governmental Agency, that
receipt of written request from any of the parties
additional discharge shall be ceased immediately upon
identified herein.
5. All other terms of the original Agreement dated December
in full force and effect.
19, 1989 not specifically amended by this Agreement remain
DATED THIS DAY OF , 1994.
CITY OF MUSKEG0 WASTE MANAGEMENT OF
WISCONSIN, INC.
By : By :
David L. De Angelis, Mayor President
By : By :
Jean K. Marenda, City Clerk Secretary
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