CCR1988011COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1/11-88
(As Amended)
APPROVAL OF EXTENSION OF CONTRACT AND
PERMIT FOR LANDFILL SITE
(Waste Management)
WHEREAS, the Council entered into an Interim Agreement on
12/22/87 to allow Waste Management to continue the operation of
the landfill, and
WHEREAS, the Plan Commisison has recommended approval of
extension of the contract, and
WHEREAS, the Public Welfare Committee has negotiated changes to
the contract which have been included, plus the following:
. Section 6.1 shall be amended to add: Waste Management
shall provide five mutually agreeable containers with
covers to collect glass, cans, aluminum and paper.
. Section 3.2 shall be amended to add: The free dumping for
Muskego residents is a guaranteed minimum of twelve (12)
months or until the site is closed (whichever is later).
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Welfare
Committee, does hereby approve the contract with Waste Management
as attached hereto and made a part hereof, subject to the
inclusion of the above amendments to Sections 3.2 and 6.1.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the Contract in the name of the City.
DATED THIS 26th DAY OF January , 1988.
PUBLIC WELFARE COMMITTEE
Ald Parick Patterson
ATTEST :
/'
0 COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1/11-88
APPROVAL OF EXTENSION OF CONTRACT AND
PERMIT FOR LANDFILL SITE
(Waste Management)
WHEREAS, the Council entered into an Interim
12/22/87 to allow Waste Management to continue the operation of
the landfill, and / WHEREAS, the Plan Commisison has approval of
WHEREAS, the Public Welfare changes to
extension of the contract, and
the contract which have been
. Section 6.1 shall be
shall provide five
glass, cans,
. Section 3.2
Muskego residents is fguaranteed minimum of twelve (12)
months or until the Sate is closed (whichever is later).
NOW, THEREFORE, BE Council of the
City of Muskego, of the Public Welfare
Committee, does with Waste Management
as attached subject to the
inclusion of 3.2 and 6.1.
BE IT are authorized to
/
/ City' Clerk
PUBLIC WELFARE COMMITTEE
Ald Patrick Patterson
Ald. David Taube
Ald. Mitchel Penovich
EXTENSION OF CONTRACT AND PERMIT
THIS AGREEMENT is made between the City of Huskego, Waukesha County.
Wisconsin, a municipal corporation (hereinafter referred to as "City"),
and Waste Management of Wisconsin. Inc., W124 N8925 Boundary Road,
Xenomonee Falls, Wisconsin, a Wisconsin corporation (hereinafter referred
to as "Waste").
ARTICLE I
Section 1.1. Waste is presently the owner or lessee of certain
lands located in the City of Huskego, which lands insofar as they are
pertinent to this Agreement, are shown on a map incorporated herein by
reference as Exhibit "A".
Section 1.2. The landfill site is as shown on Exhibit "A" as the
present filling area.
Section 1.3. The site is Licensed by the State of Wisconsin,
Department of Natural Resources, and is subjecc to the rules and
regulations of said Department vith respect to the use of the site as a
sanitary landfill site, and to any and all rules and regulations of other
governmental agencies that may be applicable.
IT IS THEREFORE AGREED betdeen the parties that this Agreement is in
the nature of a contract between the parties and is a permit and license
for Waste to operate a sanitary landfill in the area described from
January 12. 2988, until the area which is currently licensed by the
Wisconsin Department of Natural Resources is filled to its approved
this Agreement, but only for the years therein mentioned. The bond
required under Ordinance #194 and under the Zoning Ordinance shall be
deemed to be in the amount of $25,000.
Section 2.5. The conditional use status of the property involved
under the conditional use provisions of the Zoning Ordinance, and the
License and Permit granted hereunder pursuant to Ordinance #194, are
issued concurrently. In the event conditional use status is terminated
in accordance vith the Zoning Ordinance in the areas subject to this
Agreement and the operation becomes non-conforming under the Zoning
Ordinance, the terms of the license provisions limiting the method of
operation and the regulations of the use shall nevertheless apply.
ARTICLE I11
Section 3.1. As consideration for the conditional use pernit herein
issued by the City, and to cover other license, inspection, clerical and
administrative fees to the City during the term of this Agreement and
Pemit, Waste shall pay to City the sum of $25,000 per year. The first
payment is due and payable on January 2, 1988, to cover the period from
the date hereof through December 31, 1988. Additional annual payments
shall be made thereafter on the first business day in the month of
January until the design capacity of the site is reached, or three years
after January 1. 1988, vhichever comes first.
0
In the event the site reaches its design capacity an cannot accept
additional waste, the payments made pursuant to this Section shall be
prorated for the year in vhich such design capacity is reached.
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clause. its records relating to tonnage delivered to the site in
0 accordance herevith.
Section 3.4. DNR Rewlations. Federal EPA Remrlatfons and Othec
' Governmental Rermlations. Waste shall operate the site at all times in
substantial compliance vith all rules and regulations of the Department
of Natural Resources, the federal EPA and all other governmental
regulations applicable to sanitaq landfill operations, whether now in
efEect or hereafter adopted and at all times under a license from the
Department of Natural Resources.
Section 3.5. Public Health Provisions. Waste will conform with all
Department of Natural Resources rules and regulations, and all other
governmental regulations, exercise due care and take all reasonable steps
in operating its sanitary landfill on the site to prevent:
(a) Contamination of underground waters;
(b) Contamination of surface Waters run-off adjoining properties;
(c) Disposal of paper and debris into adjoining properties and, if
any such material is blovn or carried to such adjoining
properties. Waste shall promptly collect and return the same to
site;
(d) Breeding and spreading of rodents;
(e) Emiss'ion of offensive odors and smoke;
(f) Emission of dust from roadways and routes of travel to or in
the site.
Section 3.6. Transuortinp Solid Wastes. All Wastes transported
into City for disposal at the site by Waste or any licensee shall be
hauled only over County and State highways and shall be loaded and moved
in such a manner that the contents will not fall, leak or spill therefrom
and shall be covered when necessary to prevent blowing of material.
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to be designed by the Court Administrator of Wisconsin. The arbitrators
shall be subject to the rules of the American Arbitration Association and
Chapter 293, Wisconsin Statutes. The decision of the arbitrators shall
be binding on ,both parties.
ARTICLE IV
Section 4.1. Plot Plan. Restoration Plan and Operational Plans
previously submitted to the City and approved by the City Plan Commis-
sion, all of which are on file vith The City Clerk, are herein incor-
porated by reference and made terms and conditions of this Permit. In
the event, however, of any conflict between the Plan of Operation and the
terns of this License and Permit, the stricter provisions shall prevail.
ARTICLE V
0 Section 5.1. Indemnity. Uaste shall hold City harmless from any
damages to adjoining or directly affected property owners arising out of
the operation of Waste under this Agreement, including the reasonable
expenses of defending any action relating thereto. This indemnity shall
continue after the term of Waste's operations at the site as to any
claims for damages alleged to arise out of Waste's operations at the
site.
Section 5.2. Test Wells. Waste will keep in operation its present
test vel1 and install such other vells as the Wisconsin Department of
Natural Resources may require to monitor possible underground water
pollution.
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Dated: WASTE MANAGEEIENT OF WISCONSIN. INC.
By :
By :
Pursuant to Resolution No. of the City of Muskego. this
Agreement is hereby executed.
Dated: CIn OF MUSKEG0
By :
Wayne G. Salentine, Hayor
By :
Charlotte L. Stewart, Clerk
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EXHIBIT A
4-1-07
EXIIIBIT B
CERTIFICATION
THE UNDERSIGXD, RICaxRD L. ANCELET. DOES HEREBY CERTIFY THAT:
1. HE IS A DULY ELECTED. QUALIFIED ASSISTANT SECRETARY OF WASTE
MANAGME?JT OF WISCONSIN. LUC., A WISCONSLU CORPORATION.
2. ATTACHED EFSTO IS A TWi. CORRECT AND COMPLETE COPY OF A
RESOLUTION DULY ADOPTED 3Y UNlWMOUS CONSENT OF THE BOARD OF
DIRECTORS OF SAID CORPORATION ON NOVENBFX 21. 1984.
3. THE RESOLUTION ADOPEE ON NOWER 22.. 198b HAS NOT BEEN
MODIFIED. AMENDED OR FZSCIh9EI) AND IS STILL IN FULL FORCE
AND EFFECT.
0 SEAL OF SAID CORPORATION TEIS DATE OF JANUARY, 1988.
IN WITNESS I*mOF, THE WDEXIGXD DOES DZZBY SET HIS HAND AND
VASTE HANAGRENT OF WISCONSIN, INC.
BY :
Richard L. Ancelet, Asst. Secretary