HomeMy WebLinkAboutResolution - 3697 - Interlocal Agreements - Olton, & Lockney - Landfill Use - 08_22_1991Resolution No. 3697
August 22, 1991
Item #24
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 the Interlocal
Landfill Use Agreements by and between the City of Lubbock and the City of
Olton and the City of Lockney, which agreements 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 22nd day of August , 1991.
r / ✓
B C McMINN, MAYOR
ATTEST:
, uity secretary
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
uofraia u. vanaiver, rirs
Assistant City Attorney
Resolution No. 3697
August 22, 1991
Item #24
DGU:js
THE STATE OF TEXAS D
INTERLOCAL LANDFILL USE AGREEMENT
COUNTY OF LUBBOCK D
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 1 J6 day of , 19 91 , by
and between the City of Lubbock, Texas, herein called "Oper tor" and the City of
�,ocklYrV, 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 one month
period beginning September 1, 1991 , and ending September 30, 1991
The initial term of this Agreement may be extended for successive
additional 5 - / 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
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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 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:
MAYOR
ATTEST:
Cit Secretary
CITY OF
MAYOR
ATTEST:
City Secretary
USERi' LER (IF ANY):
BY:
Pitle (if Hauler is a corpo-
ration, the signer
must have authority to
bi d the c rporation)
- 3 -
Resolution No. 3697
August 22, 1991
Item #24
DGV: js
THE STATE OF TEXAS A
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 22nd day of August , 19 91 , by
and between the City of Lubbock, Texas, herein called "Operator" and,the City of
Olton , 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 remetiaL-act_im, 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
do 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 one month
period beginning September 1, 1991 , and ending September 30, 1991
The initial term of this Agreement may be extended for successive
additional fives 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
- 2 -
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 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 k ro,
�1
MAYOR MAYOR
ATTEST: ATTEST:
�;
City ecretary ��
City S cretary
USER' LER (IF ANY)•
BY:
7ti" CC3ks-re.�C `
Title (if Hauler is a corpo-
ration, the signer
must have authority to
bind the corporation)
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