CCR2006053.
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STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
RESOLUTION NO. #053-.2006
A RESOLUTION TO WAIVE RENEGOTIATION
OF EXISTING AGREEMENTS AFFECTING
THE ONYX EMERALD PARK LANDFILL
AND
THE ONYX EMERALD PAHK LANDFILL WESTERN HOF~IZONTAL EXPANSION
WHEREAS, on or about December 23, 2005, Onyx Emerald Park, LLC
submitted an Initial Site Report for the Onyx Emerald Park. Landfill Western Horizontal
Expansion; and
WHEREAS, the Onyx E.merald Park Landfill (formerly known as the Emerald
Park Landfill and the Superior Emerald Park Landfill) is a solid waste disposal facility
located within the City of Muskego, Waukesha County, Wisconsin; and
WHEREAS, Onyx Emerald Park Landfill, LLC, a domestic limited liability
company, is the current owner of the Onyx Emerald Park I_andfill; 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, the Onyx Emerald Park Landfill is licensed by the Wisconsin
Department of Natural Resources ("WDNR") under WDNR License No. 3290 pursuant
to Chapter 289 of the Wisconsin Statutes; and
WHEREAS, the Onyx Emerald Park Landfill is further subject to multiple
agreements, to wit: the Interim Construction Agreement, Stipulation as to Agreed Upon
Issues as to Negotiated Agreement, the Arbitration Award of the Wisconsin Waste
Facilities Siting Board, the Settlement Agreement and Mutual! Release in Case No. 99
CV 1476, and the January 20,2000 Letter of Understanding regarding City of Muskego
v. Superior Emerald Park Landfill, Inc. (all of which are co!llectively referred to herein as
the "Agreement"); and
WHEREAS, the Agreement arises out of, and is related to, an expansion of the
Onyx Emerald Park Landfill; and
WHEREAS, the Agreement was ultimately concluded on or about March 13,
2000 after approximately two years of contentious litigation; and
WHEREAS, the aforementioned Stipulation as to Agreed Upon Issues as to
Negotiated Agreement and the Negotiated Agreement incorporated therein (the
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Resolution No. #053-2006 Page 2
"Negotiated Agrel3ment") was entered into under Wis. Stat. 9 289.33(9)(g); and
WHEREAS, Paragraph 27 of the Negotiated Agreement (attached hereto and
incorporated by reference as Exhibit A) expressly grants the Affected Municipalities the
option to waive negotiations for future expansions and thereby make applicable all
terms and rate schedules for compensation set forth in the Negotiated Agreement; and
WHEREAS, Paragraph 27 provides that the Affected Municipalities shall have
six months from the date of receiving the Initial Site Report to make said waiver
election; and
WHEREAS, the City has carefully considered the Initial Site Report as it relates
to the future operation of the Onyx Emerald Park Landfill, the Agreement, and the
commercial benefit and health, safety, and welfare of the public; and
WHEREAS, the City hereby finds that waiver of its right to renegotiate the
Agreement is in the best interE~sts of, and will promote, the commercial benefit and the
health, safety, and welfare of the public;
NOW, THEREFORE, the Common Council of the City of Muskego, Waukesha
County, Wisconsin, DO ORDA.IN AS FOLLOWS:
SECTION 1: That it is hereby RESOLVED that:
A. The City of Muskego shall, and hereby does, ELECT to exercise
its option pursuant to paragraph 27 of the Negotiated Agreement
to WAIVE renegotiation of the Onyx Emerald Park Landfill
Western Horizontal Expansion and thereby make applicable all
terms é:md rate schedules for compensation set forth in the
Agreement; and
B. The Mayor and City Clerk are authorized to execute written
notice(s) on behalf of the City of Muskego in the furtherance of
such WAIVER and said notice(s) shall, upon execution, be
attached hereto and incorporated by reference.
SECTION 2: SEVERABILITY. The several sections of this Resolution are
declared to be severable. If any section or portion thereof shall be declared by a court
of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall
apply only to the specific section or portion thereof directly specified in the decision, and
shall not affect the validity of any other provisions, sections or portions thereof of this
Resolution. The remainder of this Resolution shall remain in full force and effect. Any
other resolutions whose terms are in conflict with the provisions of this resolution are
hereby repealed as to those tE~rms that conflict.
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Resolution No. #053-2006 Page 3
Dated this 11 th
day of APRIL, 2006.
CITY OF MUSKEGO
("
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By: Lfui11fc tl-.~ tflJ/LÆ!JfÞ ~
Charles H. Damaske, Mayor
ATTEST:
I . l-fl .. (,L ) ~t{:ki I /
Janice Moyer, Clerk/Trea urer
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"EXHIBIT A"
26. St,andina Comrllittee.
The Operator and the Local Committee he!reby agree to the
formation of a Standing Committee ("Committee") which shall consist
of five (5) residents of the City of Muskego appointed by the
Mayor, and one (1) designee from each of the Affected
MunicipalitÜ~s, if they desire to participate in the Standing
Committee. In the eVEmt additional Affected Municipalities are
permitted or required to participate in the Standing Committee,
then the City of Muskegi:> shall have the right to appoint additional
members such that the City of Muskego shall a.lways have no less
than a one (1) person majority on the Standing Committee. The
Committee shall have th.e functions and powers described in Exhibit
"C" . The Operator wi.ll pay Ten Thousand Dollars and 00/100
($10,000) to the Committee annually, increas:Lng at 5.2% per annum,
through the date of Final Closure and for a period of five (5)
years thereafter.
27. Future ExDanllioDs.
The Affected Municipalities shall have the option to waive
negotiations for future expansions from Supel~ior Services, Inc. on
property ownE~d by EmeréLld Park Landfill, Inc., Superior Services,
Inc., or a related company which is within, contiguous to, or
wi thin one half mile of the Solid Waste Facility. This option
shall be a waiver of renegotiation of that contract for future
expansions and shall ~lke applicable all terms and rate schedules
for compensëLtion set forth in this contract. The Affected
Municipali tiE~s shall have six months from the da.te of receiving the
Initial Site Report to make this election. This election shall be
in writing and approved by each of the municipalities in writing or
by the City of Muskego.
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