Loading...
CCR1989059AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #59-89 APPROVAL OF EXTENSION OF CONTRACT AND PERMIT FOR LANDFILL SITE (Waste Management) WHEREAS, the present agreement allowing Waste Management to continue the operation of the landfill expires on March 31, 1989, and WHEREAS, the Plan Commission has recommended approval of extension of the contract to December 31, 1990, and WHEREAS, the Public Welfare Committee has recommended approval of extension of the contract to December 31, 1990, waiving the $50.00 application fee, with the amendments as attached. 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, waiving the $50.00 application fee, subject to the inclusion of the attached amendments and review of the City Attorney. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the Contract in the name of the City. DATED THIS 14th DAY OF March , 1989. PUBLIC WELFARE COMMITTEE Ald. Patrick A. Patterson Ald. Mitchel Penovich Ald. David Taube I ATTEST: City Clerk I 3/89 FURTHER EXTENSION OF CONTRACT AND PERMIT THIS AGREEMENT is made between the City of Muskego, Waukesha County, Wisconsin, a municipal corporation ("City") and Waste Management of Wisconsin, Inc., a domestic corporation, having its principal offices at 10850 West Park Place, Suite 1200, Milwaukee, Wisconsin ("Waste Management"). RECITALS HHEREAS, the parties to this AGREEMENT have previously entered into an agreement entitled EXTENSION OF CONTRACT AND PERMIT; executed by Waste Management on May 25, 1988 and executed by the City on , 1988; and WHEREAS, said EXTENSION OF CONTRACT AND PERMIT granted a permit and license to WASTE MANAGEMENT to continue the operation of its sanitary landfill as shown in Exhibit A incorporated herein by reference until March 31, 1989 and WHEREAS, the parties desire to further extend the permit and license so as to permit WASTE MANAGEMENT to continue said operation. NOW THEREFORE, in consideration of the mutual covenants and conditions contained in EXTENSION OF CONTRACT AND PERMIT as amended by the following, IT IS AGREED: 4. 1. The Plan Commission having recommended approval of the extension of the Permit for WASTE MANAGEMENT'S continued operation of its sanitary landfill, said action having been taken at its March 7, 1989 meeting; the City does extend the conditional use permit previously granted in the EXTENSION OF CONTRACT AND PERMIT. 2. The Permit and License granted by the City in the EXTENSION OF CONTRACT AND PERMIT are extended from March 31, 1989, for a period of 21 months, through December 31, 1990. 3. The consideration for the conditional use permit, and to cover other license, inspection, clerical and administrative fees to the City provided in Section 3.2 shall be increased to provide that the payment by WASTE MANAGEMENT shall be at the annual rate of $27,500 commencing January 1, 1989, with a credit being given for any payment already made by WASTE MANAGEMENT for January, February and March, 1989. Payment of the $27,500 (less credit for payments, if any, for January - March 1989) shall be due within ten (10) days after the City's execution of this Agreement. Payment of the remaining consideration of $27,500 due under this Agreement shall be due January 1, 1990. Section 3.2 of ARTICLE I11 shall be amended as follows: "In addition to the license fees referred to herein, WASTE MANAGEMENT will provide as consideration for the license and permit herein issued, free disposal of the residential waste of the residents of the City. It is understood that the residential waste herein referred to is the normal household waste generated by the residents of the City of Muskego, and that resedential waste generated on the agricultural forms in the City of Muskego. Residential waste does not include waste from commercial establishments or industrial establishments. The right to free disposal by the residents of the City of Muskego shall continue through December 31, 1990 or until the landfill reaches design capacity, whichever occurs first. WASTE MANAGEMENT shall give the CITY at least ninety (90) days prior notice that the landfill will reach design capacity. Such waste disposal provisions contained in this paragraph shall be at no charge to either the residents or the CITY. The CITY agrees to implement such rules and regulations as are mutually agreed to by WASTE MANAGEMENT and the CITY to ensure that the free discosalprovisions contained herein are carried out in an orderly fashion. 5. A certified coy of the resolution of WASTE MANAGEMENT'S Board of Directors approving this agreement is attached hereto as Exhibit B. 6. A certified copy of the Resolution of the City of Muskego Common Council is attached hereto as Exhibit C. 7. All other terms and conditions of the EXTENSION OF CONTRACT AND PERMIT, not inconsistent with the foregoing, remain in full force and effect. WASTE MANAGEMENT OF WISCONSIN, INC. DATED: March 14, 1989 BY : TITLE : ATTEST : TITLE: Pursuant to Resolution No. of the City of Muskego, this Agreement is hereby executed. Dated: CITY OF MUSKEG0 BY: Wayne G. Salentine, Mayor ATTEST : Jean K. Marenda, Clerk ZXHiBiT A APPROXIMATE PROPERTY OWNERSHIP MUSKEG0 LANDFILL 4-1-87 ! EXHIBIT A WASTE MANAGEMENT OF WISCONSIN, INC. CERTIFIED COPY OF RESOLUTION OF I, Randal W. Saltzman, do hereby certify that I am the duly elected and acting Assistant Secretary of Waste Management of Wisconsin, Inc., a Wisconsin corporation, principal place of business at 10850 West Park Place, Suite licensed to do business in the state of Wisconsin, having its 1200, Milwaukee, Wisconsin; that the following is a full, true and correct copy of a resolution adopted at a special meeting of the directors of said corporation, duly held and convened on the first day of March, 1989 in accordance with the articles of incorporation and bylaws, and which have not been in any way rescinded, modified or altered, but are still in full force and effect; and that the following resolution was Management of Wisconsin, Inc.: adopted by the unanimous consent of the directors of Waste RESOLVED, that the President, William R. Katzman and the Assistant Secretary, Randal W. Saltzman of this corporation I are hereby authorized and directed to execute on behalf of the corporation a ceratin agreement between this corporation and the City of Muskego in the form as attached hereto. IN WITNESS WHEREOF, I have here onto subscribed by name as assistant secretary, and have caused the corporate seal of this corporation to be affixed this 14th day of March, 1989. Randal W. Saltzman Assistant Secretary Waste Management of Wisconsin, Inc. ( Seal) EXHIBIT B COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #59-89 PERMIT FOR LANDFILL SITE (Waste Management) WHEREAS, the continue the operation of the landfill exp on March 31, 1989, and WHEREAS, the Plan Commission has recom ed approval of extension of WHEREAS, the Public Welfare Commit extension of $50.00 appli Section 3.1 conditional other licens the City dur shall pay to due and paya due and paya of $48,125.00. In the event disposing of refuse ound which is mutually agreeable to all parties, this Agreem can be reopened for new negotiations. Section 3.2 shall amended to read: In addition to the license fees referred to the license and ein, Waste will provide as consideration for to fulfill t mit herein issued, adequate landfill capacity the City. It understood that the residential waste herein ds of the residential waste of the residents of referred to the City of City of Musk commercial establishments or industrial establishments. The shall continue for the life of the site with 90 day notice of right to free disposal by the residents of the City of Muskego closing. All costs incidental to the transport and disposal of the waste in a licensed sanitary landfill should the site become filled to its design capacity prior to the expiration of the contract period shall be borne by Waste. Such waste disposal provisions contained in this paragraph shall be at no charge to either the residents or the City. The City agrees to implement such policies as are mutually agreed to by Waste and the City to provisions contained herein are carried out in an orderly ensure that reasonable rules and regulations for free disposal fashion. 0 Resolution #59-89 Page 2 NOW, THEREFORE, RE 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, waiving the $50.00 application fee, subject to the inclusion of the above amendments to Sections 3.1 and 3.2., and review of the City Attorney. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the Contract in the name of the City. DATED THIS DAY OF , 1989. PUBLIC WELFARE COMMITTEE Ald. Patrick A. Patterson Ald. Mitchel Penovich '0 ATTEST : 1 City Clerk Ald. David Taube EXTENSION OF COXIUCT AND PERMIT THIS AGREEMENT is made betsieen the City of Muskego, Uaukesha County, Wisconsin. a municipal corporation (hereinafter referred to as "City"), and Waste Management of Wisconsin, Inc., W124 N8925 Boundary Road, Menomonee Falls, Wisconsin, a Wisconsin corporation (hereinafter referred to as "'Jaste"). ARTICLE I SecEion 1.1, Waste is presenzly the ovner or lessee of certain lands locatad in the City of Xuskego, 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, Departsent of Natural Resources, and is subject to the rules and regulations of said Department with 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 AGXEED bemeen the parties that this Agreement is in the nature of a contract becdeen the parties and is a permit and license for Waste to operate a sanitary landfill in the area described from January 12. 1988, until Harch 31, 1989. ARTICLE I1 Section 2.L. The Plan Commission having recommecded approval of a permit for Waste to operate the sanitary landfill, said action having been taken at its Januar:J 19,, 1988 - meeting, the City hereby does issue Waste a conditional use permit for the area described on Exhibit "A", being an area of approximately EO acres, as shaded. Said permit is issued pursuant to the terms and in accordance with the provisions of the Zoning Ordinance of the City of Muskego; and the City does hereby license and approve the site as a sanitar] landfill site to be operated by 'Jaste. Secrion 2.2. The Pernir and License are hereby issued from Januaq 1, 1988, until ?larch 31, 1989, pursuant to the tsrms of the plan of operacton and license issued by the 'Jisconsin De?ar:ment of Xatural Zesources. Secsion 2.3. The landfLll operacion and this License and Pernit are subjecz to annual review by the Ciqr Plan Commission, pursuanc to the Zoning Ordinance and to the Ordinance ~19L of the Ciyr of Huskego The Pernit and License heraby issued are to be continuin3 for the term of this Agreement, subject io the continuing right of inspection of the City, and subject to the revocacion for cause as more fully set forth herein. Section 2.h. The annual fee provided for by Ordinance *19h shall be deemed included in the amount of payments provided for in Section 3.2 of this Agreement, but only for the years therein mentioned. The bond required under Ordinance 1194 and under the Zoning Ordinance shall be deemed to be in the amount of $25,000. -2- 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 heraunder pursuant to Ordinance *194, are issued concurrently In the event conditional use status is tenninated in accordance with 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 SectLon 3.1. As consideration for the conditional use permit herein issued by the City. and to cmer other license, inspection, c:er<cal and administrative fees to the City during the term of this Agreement and ?emit. Siaste shall pay to Cicy :he 5um of $31.250 ($25.000 for 1988 and $6,250 for January, Februar] and Xarch of 1989) Payment is due and payable on Hay 25, 1988 0' In the event that a mora economical and efficient method of disposing of refuse is found -Jhich is mutually agreeable to all parties, this Agreement can be reopened for nerJ negotiations. Section 3.2. In addition to the license fees referred to herein, Waste will provide as consideration for the license and permit herein issued, adequate landfill capacity to fulfill the needs of the residen- tial waste of the residents of the City It is understood that the residential waste herein referred to is the normal household waste from the residents of the City of Xuskego, and those of the agricultural farms 1. in the City of Muskego. Residential Waste does not include waste from I -3- commercial establishments free disposal by the resi or dent industrial establishments The right to :s of the City of Huskego shall continue for the full term of this contract extension regardless of vhether the site is filled to its design capacity prior to the expiration of one year. All costs incidental to the transport and disposal of the wastes in a licensed sanitary landfill should the site become fiiled to its design capacity prior to the expiration of the contract period shall be borne by Vasts. Such waste disposal provisions contained in this paragraph shall be at no charge to either the residents or the City The City agrees to implement such policies as are mutually agree to by Waste and the city to ensurs thar reasonable rules and regulations for free disposal provisions contained herein are carried out in an orderly fashion. SectLon 3.3. Wasre shall be ;Laitad by this Agreement to a daily tonnace requirement noc to exceed 600 cons per day, six days per week. iiaste shall make available for inspeccion by a duly-appointed representa- ri-re of the City, for the pur7ose of determining the validifq of this clause, its records relaring to ronnage delivered to the site in accordance herewith, Section 3.4, DNR Ree1lation.s. Federal EP.4 Reellations apd Other Governmental Reeulations. Waste shall operate the site at all times in substantial compliance with all rules and regulations of the Department of Natural Resources, the federal EPA and all other governmental regulations applicable to sanitary landfill operations, whether now in effect or hereafter adopted and at all times under a license from the Department of Natural Resources -4- 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 sanitar] landfill on the site to prevenr: (a) Contamination of underground waters; (b) Contamination of surface vatsrs run-off adjoining properties; (c) Disposal of paper and debris into adjoining properties and, if properties, Waste shall promptly collect and return the same to any such material is blown or carried to such adjoining site; (d) Breeding and spreading of rodents; (e) Emission of offensive odors and smoke; (f) Emission of dust from roadxays and routss of travel to or in the site. Seczlon 3.6. TrarsTorrine SolLd Wastes, All ;lastes transported into Ciq for disposal at tSe sics by Vaste or any licensee shall be hauled only over County and State highvajrs 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 necessar] to prevent blowing of material. This section does not preclude the use of Crowbar Road north of State Highway Z& for access to the landfill. Section 3.7. Hours of Ooerarion. The hours of operation at rhe site shall be confined to the hours of 7:OO a.m. to 4:30 p.m. on Monday through Friday and from 7 30 a.m. to 4,OO p.m. on Saturday. In the event of extraordinary circumstances due to weather or breakdovn of equipment, those hours shall be extended if an emergency can be shown, by approval of the ?layor. -5- Section 3.8. Licensees. Waste shall keep on file with the City Clerk of CirJ the name of eveq municipality with which it has a solid waste disposal contract or to which it has given a license or contract to haul solid wastes to the site. Section 3.9. The City shall have the right after hearing and pursuant to the provisions of Ordinance X194 with respect to revocation to terninate this permit .if Vaste has substantially breached any of the terns of this Agreement or any of the rules of the Department of Natural Resources vith respect to the operation of the landfill site or any of the provisions of Ordinance 3194 as it now exists or may be hereafter amended. Seczion 3.10. Ar3itration. In z5.e event the parties do not agree upon the meaning or application of acy provision of this Agreement or of compliance vith the Closure and/or Estoration Plan, such dispute shall be submitted to arbitration, Ciq snall designate an arbitrator and 'Jaste shall name an arjirrator; bots ar3itrators shall asree upon a third arbicrator If they are unable to agree on a third arbitrator within fPie (5) days, the third arbicrator shall be appointed by a Circuit Judge 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 arbitracors shall be binding on both parties ARTICLE IV Section b.1. Plot Plan. Restoration Plan and Operational Plans previously submitted to the City and approved by the City Plan Commis- -6- 0 sion, all of which are on file vith the City Clerk, are herein incor- porated by reference and made terns and conditions of this Permit. In the event. however, of any conflict bet-deen the Plan of Operation and the terns of this License and Pemit, the stricter provisions shall prevail. ARTICLE V Section 5.t. 1ndemni:-r. 'iasre shall hold City harmless from any damages to adjoining or directly affected property ovners arising out of the operation of Waste under this Agreement, including the reasonable expenses of defending any accion relating thereto. This indemnity shall continue after the tecn of Slaste's operations at the site as to any claiss for damages alleged to arise out of Waste's operations ac the site. 0- Seczion 5.2. Test 'Jells. '.iasta will keep in operation its present test well and install such ocher ;-ells as the Wisconsin Departnent of ?lac.xal Resources may require to monitor possible underground water pollution. SeczLon 5.3, Insolvencv of rjaste. In case of the insolvency of Waste, or any assignment for the benefit of ics creditors, Ciq shall have the right to terminate this Agreement and the permit issued hereunder and to conclusively deternine that Waste has failed to perform the provisions of this Agreement and of the permit issued hereunder. Section 5.4. Wasce Resolution. A certified copy of the resolution of Waste's Board of Directors approving this Agreement is attached hereto as Exhibit "5". -7- SeczTon 5.5. Muskego Resolution. A certified copy of the resolution of the Huskego Common Council is attached hereto as Exhibit "C". ARTICLE VI Section 6.1. Waste and the Ciq recognize the need to continue the exploration of the effectiveness and acceptability of recycling and. accordingly, they will agree to provide at the landfill site containers and "on premise" supervision in connection with City-sponsored programs for the collection of recyclable material and will work with the City in connecrion with any such prosrams ir is developing, 'Jaste shall provide fi-7e containers with covers vhich ara mutually agreeable to the City and 'Jaste to collecc glass, cans, alminu and paper. Yothing in this Agreernent skall prevent Waste xanagernent of Uisconsin. Inc , from buying and/or otherdise disposing of the property which is the subject of this Agreement Section 6.2. Upon reasonable prior written notice to the City, Waste shall relocate upon the landfLll site, at the sole expense of Waste, the City of Muskego Police shooting range Dated. $Sl?i \ LC? <". WASTE MANAGEMENT OF WISCONSIN, INC By : By : -a Pursuant to Resolution Xa. 135-38 of the City of Huskego, this Agreement is hereby executed. Dated: June 1, 1988 CIlY OF MUSKEG0 By : U” df Wa$ G. Salentine, Mayor -9- . '1 APPROXIMATE PROPERTY OWNERSHIP MUSKEGO LANDFILL I I I 4-1-07 i EXHIBIT A a- EXHIBIT B CEXTIF'ICXTION THE IrNDEFSIGNED. RICaARD L. AX-LET, DOES iIEREBY CERTIT" THAT: 1. HE IS A DWI EECZD, QUALiXEU ASSISTAhT SZCRET.U(Y OF WASTE MAiiAGZ4!3T OF SISCONSIN, LUC.. A WISCONSIN CORPORATION. 1. ATACXZI HEXETO IS A TRE, CORRECT &MI CCELETE COPY CF A RESOLlTION 3liL'i .ACOPT3 31 UNANMOUS CONSLV OF TIIE EOtlRD OF DI-ZCTORS CF 323 CCPCXKICN ON NOVCIBR 32, 1984. 3. THE ESOLLXCN XDOP'ED CX NOWEX 7-1. 198s iws !JOT SEN ?!ODIFIED. .LXTd?lDE2 OR ?SCI?IDEI) AND IS STILL IX FULL FORCE AND EFFECT. IN WITNESS WHEFEOF. T", L?IDZXiCNED DOES HERESY SET HIS &W IWD SEAL CF SAID CORPORATION =IS DATE OF JANUARY. 1988. BY : 4, Richard L. Anceiet. Asst. Secretary