CCR1997189COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #189-97
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 Management of Wisconsin, Inc. dated December
#68-96; and
19, 1989 and amended through Resolution #34-94 and Resolution
WHEREAS, the City is willing to amend the Agreement by exectuion
of the attached Amendment concerning RCA sewer charges to allow
temporarily special extra daily discharges; and
WHEREAS, the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
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-Treasurer are 0 authorized to execute the attached Agreement, subject to
approval of the City Attorney and City Engineers.
DATED THIS 12th DAY OF AUGUST , 1997.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of
Resolution #189-97 which was adopted by the Common Council of
the City of Muskego.
8/97 jmb
08/07/97 THV 10 06 FAX 414 255 3798 RSTE MGT/WI INC
Waste Management of Wisconsin, Inc.
Landfill Management Center
W124 N9355 Boundary Road
Menomonee Falls. Wisconsin 53051
41412534626 *FAX: 4141255-3798
August 7,1997
VIA FAX
Mayor David L. De Angelis
City of Muskego
P.O. Box 903
Muskego, Wisconsin 53150
RE: City of MuskegolWaste Management of Wisconsin, Inc.
Proposed Amendment to the December 19, 1989 Agreement
Mayor De Angelis:
Attached please find a final version of the proposed Amendment to the above referenced
Agreement between the City and Waste Management. This version includes the
Amendment revisions approved by the Finance Committee during their August 6th
meeting. It is my understanding that this Amendment will presented to the full City
Council for consideration at their August 12, 1997 meeting.
Thank you for your assistance in this matter. The City’s cooperation and responsiveness
regarding this issue is greatly appreciated. If you have any questions or concerns, please
feel free to contact me at 253-8626.
0
Sincerely,
Waste Management of Wisconsin, Inc. 8” awrence J. B
Remedial Projects Manager
Attachment
C: Don Otter, WMWI
08/07/97 THU 10 07 FAX 414 255 3798 n’4STE MGT/!F[ INC Q002
THIRD AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF MUSKEG0 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 WISCONSIh’, INC., a Wisconsin
corporation, hereinafter referred to as “WASTE”, wish to amend a certain Agreement
between the parties dated December 19, 1989 and Amendments dated January 20, 1995
and March 12, 1996 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 I4 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 not to exceed
55,000 gallons per day on any day for a period of two calendar years. This
agreement shall commence upon written notification to the City of Muskego and
end no later than two calendar years from commencement. If said notification is
not given to the City of Muskego on or before the 1st day of February, 1998, this
entire agreement is null and void and of no effect. As this is only a temporary
special discharge, this Agreement shall allow for the payment of a fee of
$12,000.00 in advance of the commencement date referred to above in this
paragraph 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 $12,000.00 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.
0
2. This Agreement can be extended at the option of WASTE for two additional
subsequent one year periods upon 30 calendar days prior written notice in each
instance to the CITY along with an additional payment in each instance of
$6,000.00 prior to the end of the original term or the extension period then in
effect.
08/07/97 THU 10 09 FA9 414 255 3798
3. During the period of time affected by this amendment allowing for temporary
special discharge, 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 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 additional discharge shall be ceased immediately upon receipt of
written request from any of the parties identified herein. If discharge is ceased,
WASTE shall be entitled to a refund of fees paid to the CITY, prorated to reflect
the remaining period of time affected by this amendment.
4. All other terms of the original Agreement dated December 19, 1989 not
specifically amended by this Agreement remain in full force and effect.
5. All fees paid under the January 20, 1995 and March 12, 1996 Amendments have
been earned and the rights under said amendments hereby terminate.
DATED THIS __ DAY OF AUGUST, 1997
CITY OF MUSKEG0 WASTE MANAGEMENT OF
WISCONSIN, INC. - LMC
By: By:
Mayor Division President
By: By:
City Clerk Remedial Projects Manager
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