HomeMy WebLinkAbout1999-06-07-Resolutions 99-61_Solid Waste Agr - North Dallas LandfillCITY OFWaukeeATHEKEYTOGOODLIVING
RESOLUTION NO.99-61
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SOLID WASTE DISPOSAL SITE AGREEMENT BETWEEN
THE CITY OF WAUKEE AND NORTH DALLAS LANDFILL INC.
WHEREAS,The City of Waukee,Iowa,hereafter referred to as City,is a municipality established
under the laws of the State of Iowa and desires to enter into an agreement for a site location to dispose of
solid waste collected from residents and businesses within the City of Waukee;and
WHEREAS,North Dallas Landfill Inc.,hereafter referred to as Contractor,owns and operates an
approved sanitary disposal facility,hereinafter called site desires to contract with the City of Waukee,
Iowa,for acceptance and disposal of solid waste'
NOW THEREFORE,in consideration of mutual covenants hereinafter set forth it is hereby agreed as
follows:
1.That the Contractor agrees to receive solid waste from the residents and businesses of the City
and any contractors hauling solid waste from the City.
2.That the Contractor shall furnish the site and perform all the work required for the maintenance
of said site as a sanitary disposal facility.
3.That the residents,businesses and haulers servicing the City who use the site shall pay no more
than the gate fees that are charged to other Cities or Clients using said site.The Contractor may
refuse acceptance of solid waste from any resident,business or hauler in the event of
nonpayment or the breach of any agreement to pay.
4.The City shall pay the Contractor a per capita fee of three dollars ($3.00)per population of the
City per year.Payment of the per capita fee shall be in the form of equal monthly installments.
Each installment shall be payment for a monthly period and any use of the site during a shorter
time period shall be pro-rated accordingly.The population of the City shall be based on the
population records most currently available.
5.This agreement shall be in effect for a period of five (5)years from the commencement date
subject to the condition that the City may terminate this agreement by written notice to the
Contractor at least 90 days prior to termination date.
6.Each year on the anniversary date of this agreement the per capita fee shall be reviewed for
circumstances of inflation or deflation or a change in the operation cost of the Contractor caused
by changes required by the State of Iowa in order for the Contractor to maintain its permit to
operate.A change in the per capita fee shall be by written addendum to this agreement.When a
basis for a change in the per capita fee exists,both parties shall not unreasonably withhold
agreement to a different per capita fee than stated previously in any written document.
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7.Nothing in this agreement shall be construed to prohibit Contractor from separately charging any
other haulers from depositing solid waste at the site or from contracting with any other
municipalities or Clients.
8.Contractor shall be required to maintain its State permit to operate a sanitary disposal facility at
its expense and to comply with all State and local laws and regulations.Nothing in this
agreement shall be construed to make the City liable for violations occurring at the site.
9.Contractor agrees to pay all costs of operating its sanitary disposal facility,including closing
costs,and Contractor further agrees to indemnify and hold the City of Waukee harmless from
liability therefor.
Passed and Accepted this 7th day of June,1999.
ROLL CALL VOTE AYE NAY ABSENT
Nicholas C.Gruber
Marvin Berger
Robyn S.Heath
Bill Peard
Larry Lyon
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