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HomeMy WebLinkAboutResolution - 3643 - Interlocal Agreements - Local Municipalities - Landfill Use - 06_13_1991Resolution No. 3643 June 13, 1991 Item #26 DGV:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock various Interlocal Landfill Use Agreements by and between the City of Lubbock and other local municipalities in substantially the same form as those agreements attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th _ day of ATTEST: Ranet a 3oyd, City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: r ald G. Vandiver, first Assistant City Attorney June , 1991. B. C. McMINN, MAYOR Resolution No. 3643 June 13, 1991 Item #26 DGV:js THE STATE OF TEXAS § INTERLOCAL LANDFILL USE AGREEMENT COUNTY OF LUBBOCK § WHEREAS, the rules and regulations with regard to solid waste disposal requirements have become increasingly complex in recent years due to changes in Federal and State law; and WHEREAS, many smaller local governments are unable to operate a sanitary landfill on an economical basis in the face of increased regulation; and WHEREAS, the City of Lubbock, Texas, operates a municipal solid waste facility which the City Council of the City of Lubbock desires to make available to nearby communities that are unable to operate such a facility; and WHEREAS, the City Council of the City of Lubbock deems it in the best interest of the citizens of the City of Lubbock and sur- rounding communities to make sanitary landfill facilities available under the following terms and conditions; NOW THEREFORE: WITNESSETH: This Agreement is entered into this day of 19`�fj , by and between the City of Lubbock, Texas, herein called "Operator" and the City of herein called "User." In consideration of the mutual covenants hereinafter set forth, the Operator and the User agree as follows: 1. Disposal site. All municipal solid waste shall be disposed of at the location specified in this Agreement, which shall be the property of the Operator, and which is more specifically described as follows: [D HOC) ref/ UC--/jZ/ l,� ��, u /'�i �%-Xfts 2. Materials permitted for Disposal. The Operator shall accept only "municipal solid waste" as that term is defined by Sec- tion 361.003(18) of the Texas Health and Safety Code (Solid Waste Disposal Act) collected from within the User's jurisdic- tion and it shall be the duty of the User to insure that only "municipal solid waste" is presented for disposal to Operator. 3. Operation of Site. The Operator shall have the exclusive right to operate and maintain the disposal site specified in this Agreement. Such site shall be operated in accordance with the applicable rules and regulations of the Texas Depart- ment of Health regarding minimum standards for operation of sanitary landfills, and the requirements of other State and Federal agencies with regard to the disposal of the municipal solid waste. The operator shall furnish all labor, tools, and equipment necessary to operate the site and shall be responsi- ble for all required maintenance and supervision. 4. Hazardous and/or toxic wastes. It shall be the responsibility ,of User to insure that all waste presented for landfill dis- posal is free of any hazardous and/or waste of any nature whatsoever and in the event that it become necessary to under- take removal or remedial action as a result of waste deposited by User, User hereby agrees to pay all costs associated with such removal or remedial action, regardless of when said re- moval or remedial action may take place. 5. Compensation. The User shall pay such fees as are charged by the Operator for use of such facility by the citizens of the City of Lubbock plus an additional surcharge in the amount of $ �f00 per ton of municipal solid waste. Said sur- charge shall be placed in an interest bearing account by the Owner to be used for initial emergency response to any envi- ronmental action requiring removal of materials or remedial action with regard to the landfill facility. These funds shall be reimbursed by any User ultimately determined to be the party responsible for the environmental hazard requiring remedial action as stated by Section 4 herein. If no User is determined to be the responsible party, then the surcharge funds shall be used to cover the costs of remedial action and to spread such costs to all Users. If there has arisen no need to use such funds during the life of the landfill fa- cility, then such funds may be used for the acquisition of additional waste disposal sites or facilities. Payment of said fee and surcharge shall be made upon delivery of mu- nicipal solid waste to the City landfill by User or User's employee, agent or contractor or by such other means as may be approved by the City Manager of the City of Lubbock. Such payments shall be made from current funds of User as required by the Interlocal Government Cooperation Act, V.A.C.S. art. 4413(32c). The User shall be given thirty (30) days advance notice in writing of any increase in the landfill fees or other charges. 6. Changes in law. In the event that compliance with subsequent statutes, rules or regulations change operating costs or pro- cedures, the parties hereto agree to renegotiate this Agree- ment to conform to such changes. 7. Term. The initial term of this Agreement shall be for the gear period beginning T1„ , 19 _, and - 2 - ending<�D , 19_1�_. The initial term of this Agreement may be extended for successive additional 5-- 9 n C_- year terms, unless one party notifies the other that it intends to terminate the Agreement. Such intent must be conveyed in writing not less than ninety (90) days prior to the expiration of the initial term or any subsequent term. 8. Books and records. The Operator shall keep daily records of waste received from User and such records may be inspected by the User insofar as they pertain to the operation of the sanitary landfill site. Such records shall include the type, weight and volume of municipal solid waste received; the lo- cation of such waste in the landfill; the name of the User depositing such waste; equipment records and cost records. 9. Statement of Intent: The parties to this Agreement recognize that the provision of landfill services has become increas- ingly difficult due to increasing regulation and that the citizens of the City of Lubbock should not be required to assume the financial responsibilities of the citizens of other communities with regard to municipal solid waste disposal and potential hazard of having to clean or remove toxic wastes de- posited from sources outside of the City of Lubbock. 10. This Agreement also shall be binding upon any agent or con- tractor designated by the User to haul its municipal solid waste to the Operator's waste disposal site and shall be com- plied within all respects by such agent or contractor. Any such designated hauler shall meet all federal, state and local regulations in providing such service. CITY OF LUBBOCK: 1 ATTEST: City Secretary CITY OF ABERNATHY MM(OR ATTEST: City Secretary USER'S HAULE (IF ANY): BY : ,.,LI Title (if Hauler is a corpo- ration, the signer must have authority to bind the corporation) - 3 - Resolution No. 3643 June 13, 1991 Item #26 i DGV:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock various Interlocal Landfill Use Agreements by and between the City of Lubbock and other local municipalities in substantially the same form as those agreements attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th - ATTEST: ` ,, Ranet a Boyd, City Secretary PPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: 1 ald G. Vandiver, first Assistant City Attorney day of June 1991. B. C. MCMINN, MAYOR Resolution No. 3643 June 13, 1991 Item #26 DGU: js THE STATE OF TEXAS M INTERLOCAL LANDFILL USE AGREEMENT COUNTY OF LUBBOCK u WHEREAS, the rules and regulations with regard to solid waste disposal requirements have become increasingly complex in recent years due to changes in Federal and State law; and WHEREAS, many smaller local governments are unable to operate a sanitary landfill on an economical basis in the face of increased regulation; and WHEREAS, the City of Lubbock, Texas, operates a municipal solid waste facility which the City Council of the City of Lubbock desires to make available to nearby communities that are unable to operate such a facility; and WHEREAS, the City Council of the City of Lubbock deems it in the best. interest of the citizens of the City of Lubbock and surrounding communities to make sanitary landfill facilities available under the following terms and conditions; NOW THEREFORE: 191911**3293 This Agreement is entered into this � day of A , 19 91 , by and between the City of Lubbock, Texas, herein called "Operator" and the City of Anton, Texas , herein called "User." In consideration of the mutual covenants hereinafter set forth, the Operator and the User agree as follows: 1. Disposal site. All municipal solid waste shall be disposed of at the location specified in this Agreement, which shall be the property of the Operator, and which is more specifically described as follows: City of Lubbock Landfill 6500 North Avenue P, Lubbock, Texas 2. Materials permitted for Disposal. The Operator shall accept only "municipal solid waste" as that term is defined by Section 361.003(18) of the Texas Health and Safety Code (Solid Waste Disposal Act) collected from within the User's jurisdiction and it shall be the duty of the User to insure that only "municipal solid waste" is presented for disposal to Operator. 3. Operation of Site. The Operator shall have the exclusive right to operate and maintain the disposal site specified in this Agreement. Such site shall be operated in accordance with the applicable rules and regulations of the Texas Department of Health regarding minimum standards for operation of sanitary landfills, and the requirements of other State and Federal �^ f agencies with regard to the disposal of the municipal solid waste. The operator shall furnish all labor, tools, and equipment necessary to operate the site and shall be responsible for all required maintenance and supervision. 4. Hazardous and/or toxic wastes. It shall be the responsibility of User to insure that all waste presented for landfill disposal is free of any hazardous and/or waste of any nature whatsoever and in the event that it become necessary to undertake removal or remedial action as a result of waste deposited by User, User hereby agrees to pay all costs associated with such removal or remedial action, regardless of when said removal or remedial action may take place. 5. Compensation. The User shall pay such fees as are charged by the Operator for use of such facility by the citizens of the City of Lubbock plus an additional surcharge in the amount of $ 2.00 per ton of municipal solid waste. Said surcharge shall be placed in an interest bearing account by the Owner to be used for initial emergency response to any environmental action requiring removal of materials or remedial action with regard to the landfill facility. These funds shall be reimbursed by any User ultimately determined to be the party responsible for the environmental hazard requiring remedial action as stated by Section 4 herein. If no User is determined to be the responsible party, then the surcharge funds shall be used to cover the costs of remedial action and to spread such costs to all Users. If there has arisen no need to use such funds during the life of the landfill facility, then such funds may be used for the acquisition of additional waste disposal sites or facilities. Payment of said fee and surcharge shall be made upon delivery of municipal solid waste to the City landfill by User or User's employee, agent or contractor or by such other means as may be approved by the City Manager of the City of Lubbock. Such payments shall be made from current funds of User as required by the Interlocal Government Cooperation Act, V.A.C.S. art. 4413(32c). The User shall be given thirty (30) days advance notice in writing of any increase in the landfill fees or other charges. 6. Changes in law. In the event that compliance with subsequent statutes, rules or regulations change operating costs or procedures, the parties hereto agree to renegotiate this Agreement to conform to such changes. 7. Term. The initial term of this Agreement shall be for the 04 months period beginning June 3, 1991 , and ending September 30 , 1991 The initial 2�tl this Agreement may be extended for successive additional ear terms, unless one party notifies the other that it intends to terminate the Agreement. Such intent must be conveyed in writing not less than ninety (90) days prior to the expiration of the initial term or any subsequent term. 8. Books and records. The Operator shall keep daily records of waste received from User and such records may be inspected by the User insofar as they pertain to the operation of the sanitary landfill site. Such records shall include the type, weight and volume of municipal solid waste received; the 2 location of such waste in the landfill; the name of the User depositing such waste; equipment records and cost records. 9. Statement of Intent: The parties to this Agreement recognize that the provision of landfill services has become increasingly difficult due to increasing regulation and that the citizens of the City of Lubbock should not be required to assume the financial responsibilities of the citizens of other communities with regard to municipal solid waste disposal and potential hazard of having to clean or remove toxic wastes deposited from sources outside of the City of Lubbock. 10. This Agreement also shall be binding upon any agent or contractor designated by the User to haul its municipal solid waste to the Operator's waste disposal site and shall be complied within all respects by such agent or contractor. Any such designated hauler shall meet all federal, state and local regulations in providing such service. CITY OF LUBBOCK: CITY OF )<F. (�. c _ - MAYOR MAYOR A ATTEST: City S cretary City Secretary USER%S AULER IF ANY): BYE: W Title (if Hauler is a corpo- ration, the signer must have authority to bind the corporation) - 3 - Resolution No. 3643 June 13, 1991 Item #26 DGV:js THE STATE OF TEXAS § INTERLOCAL LANDFILL USE AGREEMENT COUNTY OF LUBBOCK § WHEREAS, the rules and regulations with regard to solid waste disposal requirements have become increasingly complex in recent years due to changes in Federal and State law; and WHEREAS, many smaller local governments are unable to operate a sanitary landfill on an economical basis in the face of increased regulation; and WHEREAS, the City of Lubbock, Texas, operates a municipal solid waste facility which the City Council of the City of Lubbock desires to make available to nearby communities that are unable to operate such a facility; and WHEREAS, the City Council of the City of Lubbock deems it in the best interest of the citizens of the City of Lubbock and sur- rounding communities to make sanitary landfill facilities available under the following terms and conditions; NOW THEREFORE: WITNESSETH: This Agreement is entered into this 28th day of March , 1991 , by and between the City of Lubbock, Texas, herein called "Operator" and the City of Crosbyton,Texas , herein called "User." In consideration of the mutual covenants hereinafter set forth, the Operator and the User agree as follows: 1. Disposal site. All municipal solid waste shall be disposed of at the location specified in this Agreement, which shall be the property of the Operator, and which is more specifically described as follows: City of Lubbock Land Fill 6500 N. Ave P, Lubbock, Texas 2. Materials permitted for Disposal. The Operator shall accept only "municipal solid waste" as that term is defined by Sec- tion 361.003(18) of the Texas Health and Safety Code (Solid Waste Disposal Act) collected from within the User's jurisdic- tion and it shall be the duty of the User to insure that only "municipal solid waste" is presented for disposal to Operator. 3. Operation of Site. The Operator shall have the exclusive right to operate and maintain the disposal site specified in this Agreement. Such site shall be operated in accordance with the applicable rules and regulations of the Texas Depart- ment of Health regarding minimum standards for operation of sanitary landfills, and the requirements of other State and Federal agencies with regard to the disposal of the municipal solid waste. The operator shall furnish all labor, tools, and equipment necessary to operate the site and shall be responsi- ble for all required maintenance and supervision. 4. Hazardous and/or toxic wastes. It shall be the responsibility •of User to insure that all waste presented for landfill dis- posal is free of any hazardous and/or waste of any nature whatsoever and in the event that it become necessary to under- take removal or remedial action as a result of waste deposited by User, User hereby agrees to pay all costs associated with such removal or remedial action, regardless of when said re- moval or remedial action may take place. 5. Compensation. The User shall pay such fees as are charged by the Operator for use of such facility by the citizens of the City of Lubbock plus an additional surcharge in the amount of $ 2.00 per ton of municipal solid waste. Said sur- charge shall be placed in an interest bearing account by the Owner to be used for initial emergency response to any envi- ronmental action requiring removal of materials or remedial action with regard to the landfill facility. These funds shall be reimbursed by any User ultimately determined to be the party responsible for the environmental hazard requiring remedial action as stated by Section 4 herein. If no User is determined to be the responsible party, then the surcharge funds shall be used to cover the costs of remedial action and to spread such costs to all Users. If there has arisen no need to use such funds during the life of the landfill fa- cility, then such funds may be used for the acquisition of additional waste disposal sites or facilities. Payment of said fee and surcharge shall be made upon delivery of mu- nicipal solid waste to the City landfill by User or User's employee, agent or contractor or by such other means as may be approved by the City Manager of the City of Lubbock. Such payments shall be made from current funds of User as required by the Interlocal Government Cooperation Act, V.A.C.S. art. 4413(32c). The User shall be given thirty (30) days advance notice in writing of any increase in the landfill fees or other charges. 6. Changes in law. In the event that compliance with subsequent statutes, rules or regulations change operating costs or pro- cedures, the parties hereto agree to renegotiate this Agree- ment to conform to such changes. 7. Term. The initial term of this Agreement shall be for the -4 month period beginning June 3 , 19 91 , and - 2 - ending September 3 19 91 The initial term of this Agreement may be extended for successive additional 5-C)Alf year terms, unless one party notifies the other that it intends to terminate the Agreement. Such intent must be conveyed in writing not less than ninety (90) days prior to the expiration of the initial term or any subsequent term. 8. Books and records. The Operator shall keep daily records of waste received from User and such records may be inspected by the User insofar as they pertain to the operation of the sanitary landfill site. Such records shall include the type, weight and volume of municipal solid waste received; the lo- cation of such waste in the landfill; the name of the User depositing such waste; equipment records and cost records. 9. Statement of Intent: The parties to this Agreement recognize that the provision of landfill services has become increas- ingly difficult due to increasing regulation and that the citizens of the City of Lubbock should not be required to assume the financial responsibilities of the citizens of other communities with regard to municipal solid waste disposal and potential hazard of having to clean or remove toxic wastes de- posited from sources outside of the City of Lubbock. 10. This Agreement also shall be binding upon any agent or con- tractor designated by the User to haul its municipal solid waste to the Operator's waste disposal site and shall be com- plied within all respects by such agent or contractor. Any such designated hauler shall meet all federal, state and local regulations in providing such service. CITY OF LUBBOCK: CITY OF rVA_,I j 7 C - 0,s • -1. u MAYOR MAYOR A City cretary ATT ST: � G Cit- retary USER'S HAULER (IF ANY): BY: Title (if Hauler is a corpo- ration, the signer must have authority to bind the corporation) - 3 - Resolution No. 3643 June 13, 1991 Item #26 DGV : j s THE STATE OF TEXAS § INTERLOCAL LANDFILL USE AGREEMENT COUNTY OF LUBBOCK § WHEREAS, the rules and regulations with regard to solid waste disposal requirements have become increasingly complex in recent years due to changes in Federal and State law; and WHEREAS, many smaller local governments are unable to operate a sanitary landfill on an economical basis in the face of increased regulation; and WHEREAS, the City of Lubbock, Texas, operates a municipal solid waste facility which the City Council of the City of Lubbock desires to make available to nearby communities that are unable to operate such a facility; and WHEREAS, the City Council of the City of Lubbock deems it in the best interest of the citizens of the City of Lubbock and sur- rounding communities to make sanitary landfill facilities available under the following terms and conditions; NOW THEREFORE: WITNESSETH: This Agreement is entered into this , -.-)4 day of iJ )y-° I , 199_1 by and between the City of Lubbock, Texas, herein called "Operator" and the City of Petersburg, Texas , herein called "User." In consideration of the mutual covenants hereinafter set forth, the Operator and the User agree as follows: 1. Disposal site. All municipal solid waste shall be disposed o:: at the location; specified in this Agreement, whi.c- shall be the property of the operator, and which is more s:__cificall; described as follows: C-i tk of__Lubbock Landf i 11 6500North Avenue P, Lubbock, Texas Materials permitted for Disposal. The Operator s?:all accept only "municipal solid waste" as that term is defined by Sec- tion 361.003(18) of the Texas Health and Safety Code (Solid Waste Disposal Act) collected from within the User's jurisdic- tion and it shall be the duty of the User to insure that only "municipal solid waste" is presented for disposal to Operator. this Agreement. Such site shall be operated in accordance with the applicable rules and regulations of the Texas Depart- ment of Health regarding minimum standards for operation of sanitary landfills, and the requirements of other State and Federal agencies with regard to the disposal of the municipal solid waste. The operator shall furnish all labor, tools, and equipment necessary to operate the site and shall be respdnsi- ble for all required maintenance and supervision. 4. Hazardous and/or toxic wastes. It shall be the responsibility .of User to insure that all waste presented for landfill dis- posal is free of any hazardous and/or waste of any nature .whatsoever and in the event that it become necessary to under- take removal or remedial action as a result of waste deposited by User, User hereby agrees to pay all costs associated with such removal or remedial action, regardless of when said re- moval or remedial action may take place. 5. Compensation. The User shall pay such fees as are charged by the Operator for use of such facility by the citizens of the City of Lubbock plus an additional surcharge in the amount of $ 2_00 per ton of municipal solid waste. Said sur- charge shall be placed in an interest bearing account by the Owner to be used for initial emergency response to any envi- ronmental action requiring removal of materials or remedial action with regard to the landfill facility. These funds shall be reimbursed by any User ultimately determined to be the party responsible for the environmental hazard requiring remedial action as stated by Section 4 herein. If no User is determined to be the responsible party, then the surcharge funds shall be used to cover the costs of remedial action and to spread such costs to all Users. If there has arisen no need to use such funds during the life of the landfill fa- cility, then such funds may be used for the acquisition of additional waste disposal sites or facilities. Payment of said fee and surcharge shall be made upon delivery of ru- nicipal solid waste to the City landfill by User or User's employee, agent or contractor or by such other means as may be approved by the City Manager of the City of Lubbock. Such payments shall be made from current funds of User as required by the Interlocal Government Cooperation Act, V.A.C.S. art. 11'113 (32c) The User shall. be given thirty (30) days advance notice in writing of any increase in the landfill fees or other charges. G. Changes in law. In the event that compliance with subsequent statutes, rules or regulations change operating costs or pro- cedures, the parties hereto agree to renegotiate this Agree- ment to conform to such changes. o! 04 months,,l �, _: r i ��J h, j i lrn June 3, )91 i - 2 - ending rNppf emh@r 3n , 19 ] -. The initial term of this 1 Agreement may -be extended for successive additional S_oi�(t Mt year terms, unless one party notifies the other that it intends to terminate the Agreement. Such intent must be conveyed in writing not less than ninety (90) days prior to the expiration of the initial term or any subsequent term. II. Books and records. The Operator shall keep daily records of waste received from User and such records may be inspected by the User insofar as they pertain to the operation of the sanitary landfill site. Such records shall include the type, weight and volume of municipal solid waste received; the lo- r-ation of such waste in the landfill; the name of the User depositing such waste; equipment records and cost records. 9. Statement of Intent: The parties to this Agreement recognize that the provision of landfill services has become increas- ingly difficult due to increasing regulation and that the citizens of the City of Lubbock should not be required to assume the financial responsibilities of the citizens of other communities with regard to municipal solid waste disposal and potential hazard of having to clean or remove toxic wastes de- posited from sources outside of the City of Lubbock. 10. This Agreement also shall be binding upon any agent or con- tractor designated by the User to haul its municipal solid waste to the Operator's waste disposal site and shall be com- plied within all respects by such agent or contractor. Any such designated hauler shall meet all federal, state and local regulations in providing such service. I CITY OF LUBBOCK: CITY% F f�6 -[e �' _Y) ( VI ;rnYOR MAYO t.i ecretary City"Secretary USER'S HAULER ( I F Ati'i) c Title (if Hauler is a corpo- ration, the signer must have authority tc bi.ncl the core ot-a'_: ion,` Resolution No. 3643 June 13, 1991 Item #26 DGV:js THE STATE OF TEXAS L INTERLOCAL LANDFILL USE AGREEMENT COUNTY OF LUBBOCK L WHEREAS, the rules and regulations with regard to solid waste disposal requirements have become increasingly complex in recent years due to changes in Federal and State law; and WHEREAS, many smaller local governments are unable to operate a sanitary landfill on an economical basis in the face of increased regulation; and WHEREAS, the City of Lubbock, Texas, operates a municipal solid waste facility which the City Council of the City of Lubbock desires to make available to nearby communities that are unable to operate such a facility; and WHEREAS, the City Council of the City of Lubbock deems it in the best interest of the citizens of the City of Lubbock and surrounding communities to make sanitary landfill facilities available under the following terms and conditions; NOW THEREFORE: WITNESSETH: This Agreement is entered into this gv day of 19 91 , by and between the City of Lubbock, Texas, herein called "Operator" and the City of Lorenzo, Texas , herein called "User." In consideration of the mutual covenants hereinafter set forth, the Operator and the User agree as follows: 1. Disposal site. All municipal solid waste shall be disposed of at the location specified in this Agreement, which shall be the property of the Operator, and which is more specifically described as follows: City of Lubbock Landfill 6500 North Avenue P, Lubbock, Texas 2. Materials permitted for Disposal. The Operator shall accept only "municipal solid waste" as that term is defined by Section 361.003(18) of the Texas Health and Safety Code (Solid Waste Disposal Act) collected from within the User's jurisdiction and it shall be the duty of the User to insure that only "municipal solid waste" is presented for disposal to Operator. 3. Operation of Site. The Operator shall have the exclusive right to operate and maintain the disposal site specified in this Agreement. Such site shall be operated in accordance with the applicable rules and regulations of the Texas Department of Health regarding minimum standards for operation of sanitary landfills, and the requirements of other State and Federal agencies with regard to the disposal of the municipal solid waste. The operator shall furnish all labor, tools, and equipment necessary to operate the site and shall be responsible for all required maintenance and supervision. 4. Hazardous and/or toxic wastes. It shall be the responsibility of User to insure that all waste presented for landfill disposal is free of any hazardous and/or waste of any nature whatsoever and in the event that it become necessary to undertake removal or remedial action as a result of waste deposited by User, User hereby agrees to pay all costs associated with such removal or remedial action, regardless of when said removal or remedial action may take place. 5. Compensation. The User shall pay such fees as are charged by the Operator for use of such facility by the citizens of the City of Lubbock plus an additional surcharge in the amount of $ 2.00 per ton of municipal solid waste. Said surcharge shall be placed in an interest bearing account by the Owner to be used for initial emergency response to any environmental action requiring removal of materials or remedial action with regard to the landfill facility. These funds shall be reimbursed by any User ultimately determined to be the party responsible for the environmental hazard requiring remedial action as stated by Section 4 herein. If no User is determined to be the responsible party, then the surcharge funds shall be used to cover the costs of remedial action and to spread such costs to all Users. If there has arisen no need to use such funds during the life of the landfill facility, then such funds may be used for the acquisition of additional waste disposal sites or facilities. Payment of said fee and. surcharge shall be made upon delivery of municipal solid waste to the City landfill by User or User's employee, agent or contractor or by such other means as may be approved by the City Manager of the City of Lubbock. Such payments shall be made from current funds of User as required by the Interlocal Government Cooperation Act, V.A.C.S. art. 4413(32c). The User shall be given thirty (30) days advance notice in writing of any increase in the landfill fees or other charges. 6. Changes in law. In the event that compliance with subsequent statutes, rules or regulations change operating costs or procedures, the parties hereto agree to renegotiate this Agreement to conform to such changes. 7. Term. The initial term of this Agreement shall be for the 04 months period beginning June 3, 1991 , and ending September 30 1991 The initial term of this Agreement may be extended for successive additional 6-ON5-,terms, unless one party notifies the other that it intends to termie Agreement. Such intent must be conveyed in writing not less than ninety (90) days prior to the expiration of the initial term or any subsequent term. 8. Books and records. The Operator shall keep daily records of waste received from User and such records may be inspected by the User insofar as they pertain to the operation of the sanitary landfill site. Such records shall include the type, weight and volume of municipal solid waste received; the - 2 - location of such waste in the landfill; the name of the User depositing such waste; equipment records and cost records. 9. Statement of Intent: The parties to this Agreement recognize that the provision of landfill services has become increasingly difficult due to increasing regulation and that the citizens of the City of Lubbock should not be required to assume the financial responsibilities of the citizens of other communities with regard to municipal solid waste disposal and potential hazard of having to clean or remove toxic wastes deposited from sources outside of the City of Lubbock. 10. This Agreement also shall be binding upon any agent or contractor designated by the User to haul its municipal solid waste to the Operator's waste disposal site and shall be complied within all respects by such agent or contractor. Any such designated hauler shall meet all federal, state and local regulations in providing such service. CITY OF LUBBOCK: CITY OF e ' MAY' MA R ATTEST: P.T1 EST: i City ecretary City ecretary USER'S HAULE (IF ANY): Title (if Hauler is a corpo- ration, the signer must have authority to bind the corporation) - 3 - Resolution No. 3643 June 13, 1991 Item #26 DGV:js THE STATE OF TEXAS § INTERLOCAL LANDFILL USE AGREEMENT COUNTY OF LUBBOCK § WHEREAS, the rules and regulations with regard to solid waste disposal requirements have become increasingly complex in recent years due to changes in Federal and State law; and WHEREAS, many smaller local governments are unable to operate a sanitary landfill on an economical basis in the face of increased regulation; and WHEREAS, the City of Lubbock, Texas, operates a municipal solid waste facility which the City Council of the City of Lubbock desires to make available to nearby communities that are unable to operate such a facility; and WHEREAS, the City Council of the City of Lubbock deems it in the best interest of the citizens of the City of Lubbock and sur- rounding communities to make sanitary landfill facilities available under the following terms and conditions; NOW THEREFORE: WITNESSETH: This Agreement is entered into this 1st day of June , 19_91 , by and between the City of Lubbock, Texas, herein called "Operator" and the City of galls. Texas , herein called "User." In consideration of the mutual covenants hereinafter set forth, the Operator and the User agree as follows: 1. Disposal site. All municipal solid waste shall be disposed of at the location specified in this Agreement, which shall be the property of the Operator, and which is more specifically described as follows: Citv of Lubbock Landfill 6500 North Avenue P Lubbock, Texas 2. Materials permitted for Disposal. The Operator shall accept only "municipal solid waste" as that term is defined by Sec- tion 361.003(18) of the Texas Health and Safety Code (Solid Waste Disposal Act) collected from within the User's jurisdic- tion and it shall be the duty of the User to insure that only "municipal solid waste" is presented for disposal to Operator. 3. Operation of Site. The Operator shall have the exclusive right to operate and maintain the disposal site specified in this Agreement. Such site shall be operated in accordance with the applicable rules and regulations of the Texas Depart- ment of Health regarding minimum standards for operation of sanitary landfills, and the requirements of other State and Federal agencies with regard to the disposal of the municipal solid waste. The operator shall furnish all labor, tools, and equipment necessary to operate the site and shall be responsi- ble for all required maintenance and supervision. 4. Hazardous and/or toxic wastes. It shall be the responsibility •of User to insure that all waste presented for landfill dis- posal is free of any hazardous and/or waste of any nature whatsoever and in the event that it become necessary to under- take removal or remedial action as a result of waste deposited by User, User hereby agrees to pay all costs associated with such removal or remedial action, regardless of when said re- moval or remedial action may take place. 5. Compensation. The User shall pay such fees as are charged by the Operator for use of such facility by the citizens of the City of Lubbock plus an additional surcharge in the amount of $ 2.00 per ton of municipal solid waste. Said sur- charge shall be placed in an interest bearing account by the Owner to be used for initial emergency response to any envi- ronmental action requiring removal of materials or remedial action with regard to the landfill facility. These funds shall be reimbursed by any User ultimately determined to be the party responsible for the environmental hazard requiring remedial action as stated by Section 4 herein. If no User is determined to be the responsible party, then the surcharge funds shall be used to cover the costs of remedial action and to spread such costs to all Users. If there has arisen no need to use such funds during the life of the landfill fa- cility, then such funds may be used for the acquisition of additional waste disposal sites or facilities. Payment of said fee and surcharge shall be made upon delivery of mu- nicipal solid waste to the City landfill by User or User's employee, agent or contractor or by such other means as may be approved by the City Manager of the City of Lubbock. Such payments shall be made from current funds of User as required by the Interlocal Government Cooperation Act, V.A.C.S. art. 4413(32c). The User shall be given thirty (30) days advance notice in writing of any increase in the landfill fees or other charges. 6. Changes in law. In the event that compliance with subsequent statutes, rules or regulations change operating costs or pro- cedures, the parties hereto agree to renegotiate this Agree- ment to conform to such changes. 7. Term. The initial term of this Agreement shall be for the 1 month period beginning June 1 1991 , and - 2 - ending ReprQmher 30 , 199_. The initial term of this Agreement may be extended for successive additional 5 five lyear terms, unless one party notifies the other that it intends to terminate the Agreement. Such intent must be conveyed in writing not less than ninety (90) days prior to the expiration of the initial term or any subsequent term. 8. Books and records. The Operator shall keep daily records of waste received from User and such records may be inspected by the User insofar as they pertain to the operation of the .sanitary landfill site. Such records shall include the type, weight and volume of municipal solid waste received; the lo- cation of such waste in the landfill; the name of the User depositing such waste; equipment records and cost records. 9. Statement of Intent: The parties to this Agreement recognize that the provision of landfill services has become increas- ingly difficult due to increasing regulation and that the citizens of the City of Lubbock should not be required to assume the financial responsibilities of the citizens of other communities with regard to municipal solid waste disposal and potential hazard of having to clean or remove toxic wastes de- posited from sources outside of the City of Lubbock. 10. This Agreement also shall be binding upon any agent or con- tractor designated by the User to haul its municipal solid waste to the Operator's waste disposal site and shall be com- plied within all respects by such agent or contractor. Any such designated hauler shall meet all federal, state and local regulations in providing such service. CITY OF LUBBOCK: c " MA OR ST: City Secretary CITY OF s�__ao �ql pm, •- ATTEST: S, City S retary�; USER'S HAULER (IF ANY): BY Title (if Hauler is a corpo- ration, the signer must have authority to bind the corporation) - 3 -