CCR1996068AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #68-96
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEGO AND
WASTE MANAGEMENT OF WISCONSIN, INC.
DATED DECEMBER 19, 1989
WHEREAS, an Agreement was entered into between the City of
Muskego and Waste Mangement of Wisconsin, Inc. dated December
19, 1989 and amended through Resolution #34-94 in February of
1994;
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, the Public Utilities Committee 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 attached Amendment to
Agreement Between the City of Muskego and Waste Management of
Wisconsin, Inc. Dated December 19, 1989, as amended, to allow
temporarily special daily discharges.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
City Attorney and City Engineers.
to execute the attached Agreement, subject to approval of the
DATED THIS 12th DAY OF MARCH , 1996.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #68-96 which was adopted by the Common Council of the
3/96jmb
0 .WNDMENT TO AGREEMENT BETWEEN THE
CITY OF MUSKEGO AND WASTE MANAGEMENT
OF WISCONSIN, INC. DATED DECEMBER 19,1989
WHEREAS, the CITY OF MUSKEGO, a municipal corporation, hereinafter referred to
as “CITY, and WASTE MANAGEMENT OF WISCONSM, 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 1 1 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 period not to exceed 120 pumping days.
A pumping day is defined as a calendar day in which pumping of extracted
groundwater to the sewer system actually occurs. This agreement shall
commence upon notification to the City of Muskego and end no later than 200
calendar days from commencement. If said notification is not given to the City of
Muskego on or before the 1st day of September, 1996, this entire agreement is
null and void and of no effect. In order to insure compliance with the agreed upon
120 pumping day period, an in-line hour meter on the system will be used to
measure total days of operation (based on 24 hours of operation per day). As this
is only a temporary special discharge, this Agreement shall allow for the payment
of a fee of $2,000.00 in advance of the commencement date referred to above in
this parasraph by WASTE to the CITY in lieu of additional RCA charges being
imposed pursuant to the original contract provisions and other governing rules,
laws and ordinances; other than the payment of $2,000.00 in lieu of additional
RCA charges, WASTE shall be responsible for any and all other additional
charges including, but not limited to, user fees, additional charges based on
strength, etc. required for said additional discharges pursuant to the original
Agreement and all rules, regulations and ordinances of all applicable
governmental agencies.
2. This Agreement can be extended at the option of WASTE for four additional
subsequent 30 pumping day periods upon 10 calendar days prior written notice in
each instance to the CITY received by the CITY along with an additional payment
in each instance of $500.00 prior to the end of the original term or the extension
period then in effect. Each optional 30 pumping day period cannot exceed 50
calendar days in length.
3. 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 andor other waste contained in
Paragraph 5 of the original Agreement. Nevertheless, in the event that the
additional leachate andor 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 andor MMSD andor any other governmental
Agency, that additional discharge shall be ceased immediately upon receipt of
written request from any of the parties identified herein.
4. All other terms of the original Agreement dated December 19, 1989 not
specifically amended by hs Agreement remain in full force and effect.
DATED THIS 12TH DAY OF MARCH. 1996.
WASTE MANAGEMENT OF
WISCONSIN, INC. - LMC
I \ ... Division Pres:dent
c:\dae\lami..Ol 15a.doc
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND
WASTE MANAGEMENT OF WISCONSIN, INC.
DATED DECEMBER 19, 1989
WHEREAS, an Agreement was entered into between the City of
Muskego and Waste Mangement of Wisconsin;, Inc. dated December
19, 1989 and amended through Resolution/#34-94 in February of
1994;
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 disch,arges; and
WHEREAS, the Public Utilities Committee has recommended approval
NOW, THEREFORE, BE IT RESOLVED that / the Common Council of the
City of Muskego, upon the recommen,dation of the Public Utilities
Committee, does hereby approve the attached Amendment to
Agreement Between the City of Muskego and Waste Management of
Wisconsin, Inc. Dated December 19, 1989 to allow temporarily
special daily discharges.
BE IT FURTHER RESOLVED that t?e Mayor and Clerk are authorized
City Attorney and City Engineers.
i
/
to execute the attached AgreeFent, subject to approval of the
DATED THIS DAY OF , 1996.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #68-96 which was adopted by the Common Council of the
City Clerk
03/08/96 FRI 12 03 F.41 114 255 3i98
AiVlENDkIEhT TO AGREEMENT BETWEEN THE
CITY OF MUSKEG0 AYD WASTE MANAGEMENT
OF WISCOi%I3‘. INC. D.4TED DECEMBER 19,1989
WHEREAS. the CITY OF MPSKEGO, a municipal corporation. hereinafter referred to
as “CITY”, and WASTE M.AXIGEMENT OF WISCONSIN. RC., a Wisconsin
corporation, hereinafter referred to as “W.CiTE‘, wish to amend a certain Agreement
between the parties dated December 19. 1989 concerning sewer charges IO allow
temporarily special extra daily iischarges: and
WHEREAS, the CITY is wiIlir:g to allow for this special temporaq discharge because of
the unique circumstances surrounding this request in that hs additional semice will
facilitate the implemenration of Federal Environmental Protecrion Agency Superfund
clean-up efforts as to this propen!
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 period not IO exceed 120 pumping days.
A pumping day is defined as a calendar day in which pumping of extracted
groundwater to the sewer system actually occurs. This agreement shall
commence upon notificztion to the City of Muskego and end no later than 200
calendar days from comnencement. If said notification is not given to the City of
Muskego on or before tke 131 day of September, 1996, this entire agreement is
null and void and of no effect. In order to insure compliance with the agreed upon
120 pumping day period an in-line hour meter on the system will be used to
measure total days of operation (based on 24 hours of operation per day). As this
is only a temporary special discharge, thls Agreement shall allow for the payment
of a fee of $2,000.00 in zdvance of the commencement dare referred to above in
this paragraph by U:ASTE to the CITY in lieu of additional RCA charges being
imposed pursuam to the original contract provisions and other governing rules:
laws and ordinances: orher than the payment of S2:OOO.OO in lieu of addirional
RCA charges, WASTE shai! be responsible for any and all other additional
charges including, but nor iirnited to! user fees. addirional charges based on
strength, etc. required for szid additional discharges pursuant to the original
Agreement and all rules, regulations and ordinances of all applicable
governmental agencies.
0 2. This .Agreement can be 2utended at the option of WASTE for four additional
subsequent 30 pumping day periods upon 10 calendar days prior written notice in
each instance to the CITY received by the CITY along wirh an additional payment
in each instance of $500.00 prior to the end of the original term or the extension
period then in effect.
3. 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 wasre 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 andor MIMSD and/or any other governmental
Agency, that additional discharge shall be ceased immediately upon receipt of
witten request from any of the parties identified herein.
4. All other terms of the original Agreement dated December 19, 1989 not
specifically amended by this Agreement remain in full force and effect.
DATED THIS 12TH DAY OF MARCH, 1996
CITY OF LMUSKEGO
By:
Mayor
B!..
City Clerk
WASTE MANAGEMENT OF
WISCONSTN, INC.
By.
President
Secretary