Loading...
CCR1994034COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #34-94 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND WASTE MANAGEMENT OF WISCONSIN, INC. DATED DECEMBER 19, 1989 Muskego and Waste Mangement of Wisconsin, Inc. dated December WHEREAS, an Agreement was entered into between the City of 19, 1989; and 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, Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the does hereby approve the Amendment to Agreement Between the City City of Muskego, upon the recommendation of Finance Committee, of Muskego and Waste Management of Wisconsin, Inc. Dated December 19, 1989 to allow temporarily special daily discharges. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the attached Agreement, upon notificiation from Waste Attorney. completion of dates in contract, and approval of the City Management of their desire to commence operations, upon DATED TH1.S 8TH DAY OF FEBRUARY , 1994 SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders This is to certify that this is a true and accurate copy of City of Muskego. Resolution #34-94 which was adopted by the Common Council of the 0 2/94 jmb I 0 CITY OF MUSKEGO AND WASTE MANAGEMENT AMENDMENT TO AGREEMENT BETWEEN THE OF WISCONSINf INC. DATED DECEMBER 19, 1989 WHEREAS, the CITY OF MUSKEGO, a municipal corporation, hereinafter referred to as "CITY", and WASTE MANAGEMENT OF WISCONSIN, 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 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 0 period not to exceed 90 days commencing on the ~ ~ day - of day of , 1994, and ending no later than the , 1994. As this is only a temporary special discharge, this Agreement shall allow for the payment of a fee of $4,500.00 in advance of the WASTE to the CITY in lieu of additional RCA charges being commencement date referred to above in this paragraph by imposed pursuant to the original contract provisions and payment of $4,500.00 in lieu of additional RCA charges, other governing rules, laws and ordinances; other than the WASTE shall be responsible for any and all other additional additional charges based on strength, etc. required for charges including, but not limited to, user fees, Agreement and all rules, regulations and ordinances of all said additional discharges pursuant to the original applicable governmental agencies. 2. This Agreement can be extended at the option of WASTE for prior written notice in each instance to the CITY received four additional subsequent 30 day periods upon 10 days by the CITY along with an additional payment in each or the extension period then in effect. instance of $1,500.00 prior to the end of the original term 0 3. Fifty (50%) percent of the monies collected in fees in lieu the additional purchase of up to 16 additional RCA's if of REC's specifically referred to above may be applied to Amendment to Agreement-Waste Management, Inc. & City of Muskego - Page 2 0 WASTE, at its sole option, pays in full for said additional REC's within 10 days after the end of the original term of this temporary special agreement or any extension of the same. 4. 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 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 receipt of written request from any of the parties additional discharge shall be ceased immediately upon identified herein. 5. All other terms of the original Agreement dated December in full force and effect. 19, 1989 not specifically amended by this Agreement remain DATED THIS DAY OF , 1994. CITY OF MUSKEG0 WASTE MANAGEMENT OF WISCONSIN, INC. By : By : David L. De Angelis, Mayor President By : By : Jean K. Marenda, City Clerk Secretary I