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CCR2008109-Veolia COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #109-2008 RESOLUTION AUTHORIZING AGREEMENT TO WAIVE RENEGOTIATION OF EXISTING AGREEMENTS AFFECTING THE VEOLIA EMERALD PARK LANDFILL AND THE VEOLIA EMERALD PARK LANDFILL WESTERN HORIZONTAL EXPANSION WHEREAS, the Veolia Emerald Park Landfill (formerly known as the Onyx Emerald Park Landfill) is a solid waste disposal facility located within the City of Muskego, Waukesha County, Wisconsin; and WHEREAS, the City of Muskego, Waukesha County, City of Franklin, Town of Norway, and Racine County each constitute an "Affected Municipality" under Wis. Stat. § 289.01(1); and WHEREAS, on or about December 23, 2005, Veolia Emerald Park, LLC submitted an Initial Site Report for the Veolia Emerald Park Landfill Western Horizontal Expansion; and WHEREAS, pursuant to Article IV, paragraph 27 of the 1999 Negotiated Agreement, the "Affected Municipalities" can agree to waive negotiations for future expansions thereby continuing applicable terms and rate schedules found in the 1999 Negotiated Agreement; and WHEREAS, after careful consideration of the Initial Site Report as it relates to the future operation of the Veolia Emerald Park Landfill, the provisions of the 1999 Negotiated Agreement, and the commercial benefit and health, safety, and welfare of the public, the City of Muskego Common Council passed Ordinance 053-2006 electing to exercise it option pursuant to paragraph 27 of the Negotiated Agreement to waive negotiations. NOW THEREFORE, the Common Council of the City of Muskego, Waukesha County, Wisconsin DO ORDAIN AS FOLLOWS: That the City of Muskego shall sign the Agreement between Veolia and the City of Muskego, City of Franklin, Town of Norway, Racine County, and Waukesha County for the Expansion of Veolia Emerald Park Landfill to waive renegotiation of the Veolia Emerald Park Landfill Western Horizontal Expansion and thereby make applicable all terms and rate schedules for compensation set forth in the Agreement. BE IT FURTHER ORDAINED the City of Muskego shall sign the Settlement Agreement between Veolia ES Emerald Park Landfill, LLC and the City of Muskego, City of Franklin, Town of Norway, Racine County, and Waukesha County that resolves Rounding Overpayment and State Fees payment under the 1999 Negotiated Agreement by granting Veolia a one-time exemption of 61,031 tons of shredder fluff from the Direct Payments. Reso. #109-2008 Page 2 Dated this 27TH day of MAY 2008. CITY OF MUSKEGO ______________________________ John Johnson, Mayor ATTEST: ______________________________ Janice Moyer, Clerk-Treasurer