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HomeMy WebLinkAbout1995-05-01 � y Lw ® ORDINANCE NO . AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND INDEPENDENCE COUNTY, ARKANSAS PROVIDING FOR THE UNLOADING AND TRANSFER OF SOLID WASTE COLLECTED BY THE CITY; FOR RELATED PURPOSES; AND DECLARING AN EMERGENCY . WHEREAS, AS THE SOLID WASTE DISPOSAL FACILITIES OF THE 1 CITY OF BATESVILLE , ARKANSAS ARE SCHEDULED TO CEASE OPERATIONS , IT IS ESSENTIAL THAT ARRANGEMENTS BE COMPLETED FOR THE DISPOSAL OF SUCH SOLID WASTE; AND WHEREAS, IT IS IN THE INTEREST OF THE CITY THAT THE CITY ENTER INTO AN AGREEMENT (THE "AGREEMENT" ) FOR THE UNLOADING OF THE CITY ' S SOLID WASTE AT THE TRANSFER STATION TO BE OWNED AND OPERATED BY INDEPENDENCE COUNTY, ARKANSAS ; AND I WHEREAS, A COPY OF THE AGREEMENT, IN SUBSTANTIAL FORM, IS ATTACHED HERETO AS EXHIBIT A; I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of BATESVILLE , ARKANSAS : j ® SECTION 1 . THE AGREEMENT IS HEREBY APPROVED . THE MAYOR IS AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY IN THE FORM ATTACHED HERETO, WITH SUCH INSUBSTANTIAL CHANGES AS MAY BE APPROVED BY HIM . SECTION 2 . THE MAYOR OF THE CITY IS AUTHORIZED TO EXECUTE SUCH WRITINGS AND TAKE SUCH ACTION AS MAY BE APPROPRIATE TO CAUSE THE AGREEMENT TO BE EXECUTED AND PERFORMED AND TO CARRY OUT THE PURPOSES OF THIS ORDINANCE . I i SECTION 3 . ALL ORDINANCES AND RESOLUTIONS AND PARTS THEREOF IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT . i SECTION 4 . BECAUSE THE SOLID WASTE DISPOSAL FACILITIES OF THE CITY ARE SCHEDULED FOR SHUTDOWN , IT IS IMPERATIVE THAT THE CITY SECURE AN ALTERNATE MEANS FOR THE DISPOSAL OF SOLID WASTE . THEREFORE , AN EMERGENCY IS DECLARED AND THIS ORDINANCE , BEING NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE , HEALTH AND SAFETY, SHALL BE IN EFFECT UPON ITS j ADOPTION . i ADOPTED AND APPROVED THIS 9TH DAY OF MAY, 1995 ® JOE BI D, MAYOR CERTIFICATE THE UNDERSIGNED, CITY CLERK OF THE CITY OF BATESVILLE , ARKANSAS , HEREBY CERTIFIES THAT THE FOREGOING PAGE IS A TRUE AND PERFECT COPY OF ORDINANCE N0 . S S , ADOPTED AT A GENERAL SESSION OF THE CITY COUNCIL OF THE CITY HELD AT THE REGULAR MEETING PLACE IN THE �CITY AT 7 : 00 O ' CLOCK P .M . , ON RECORD BOOK NO .E, PAGE!-, NOW IN MY POSSESSION . GIVEN UNDER MY HAND AND SEAL ON THE {� DAY OR 1995 . CITY CLERK (SEAL) AGREEMENT BETWEEN INDEPENDENCE COUNTY AND THE CITY OF BATESVILLE, ARKANSAS This Agreement is made and entered into this 9th day of May, 1995, by and between Independence County, Arkansas and the City of Batesville, Arkansas. WHEREAS, Independence County is in the process of constructing, owning, and operating a Solid Waste Transfer Station in accordance with rules and regulations of the Arkansas Department of Pollution Control and Ecology; and WHEREAS, Independence County is seeking sources of solid waste to be handled at its transfer station; and WHEREAS, the City of Batesville is ceasing operation of its solid waste incinerator and needs to secure an alternative solid waste disposal option; and WITNESSETH, that in consideration of the covenants and agreements hereinafter to be performed by the parties, and the manner of payment hereinafter agreed to be made, it is mutually agreed as follows: ® SOLID WASTE TRANSPORTATION AND DISPOSAL The City of Batesville will collect and deliver its solid waste to the Independence County Transfer Station. Independence County will accept and weigh the City' s solid waste and compact, transport, and arrange for disposal of the waste in a landfill . The County's obligations in this Agreement are subject to the County's inability to perform such obligations due to the inability to secure or maintain governmental permits (after reasonable effort to do so) and other circumstances and events not reasonably within the control of the County. Independence County plans to initiate operation of its Transfer Station on or about July 15, 1995 . TERM The initial term of this Agreement shall be for 5 years. This Agreement shall automatically be renewed annually on the 4th and following anniversaries of the Agreement, for single year terms, unless terminated by either party. This renewal option provides the parties with a rolling 2 year Agreement beginning on the 4th anniversary. This rolling 2 year Agreea rovides the parties a 2 year termination notice. F 1D • Y J b 1995 MAR GARE'f OC2OTHBY COUNTY .St PRr{+TE CLERK (4���,�! ..D.C. COMPENSATION The Transfer Station fee during 1995 will be $27 . 00 per ton of solid waste delivered by the City of Batesville to the Independence County Transfer Station. The transfer station fee includes all Independence County costs associated with owning, operating, and maintaining the Transfer Station, and disposing of the solid waste. Monthly invoices will be submitted by Independence County to the City of Batesville for the transfer station fee, and the invoice will be due and payable within 30 days of receipt of the invoice. Transfer station fees for 1996 and beyond will be determined on an annual basis based on annual Transfer Station budgets to be developed by Independence County and reviewed by the City of Batesville. The budget and methodology for determining the following year Transfer Station fee will be submitted to the City of Batesville by December 1 of the previous year. It is anticipated that the annual budget will include landfill disposal fees and debt service, operation, maintenance, and reserve costs associated with owning, operating, and maintaining the Transfer Station. (a) The City agrees that, for the term of this Agreement, all solid waste collected by the City shall be delivered to the County and that the rate charged for receipt of such solid waste shall be at all times a rate sufficient to produce revenues equal to not less than 60% of the operating and depreciation costs of the Transfer Station and 60% of the debt service on revenue bonds (the "Bonds") to be issued by the County, in the principal amount of not more than $600 , 000 and payable, as to principal and interest, in the amount of not more than $36, 000 per quarter(referred to herein as the "Minimum Payment Obligation") . The Minimum Payment Obligation may be adjusted no less frequently than annually on the basis of actual usage, provided that the total of all fixed payment obligations of municipalities and others now or hereafter served by the Transfer Station shall never be less than the amounts set forth above. (b) The pecuniary and other obligations of the City under this Agreement shall not be general obligations of the City but shall be special obligations, secured solely by and payable solely from the revenues of the City's solid waste collection system (the "City System") , which revenues are hereby pledged to the payment and performance of the City's obligations under this Agreement, subject to any pledges in favor of bonds of the City outstanding on the date hereof which are secured by a pledge or pledges of City System revenues (the "Prior Obligations") . (c) The City recognizes that the rights and powers of the County under this Agreement are assigned to the holders of the Bonds and the Trustee for such holders, pursuant to the Ordinance of the County authorizing the Bonds (the "Authorizing Ordinance") , and the City agrees that the obligations of the City hereunder may be enforced by the holders of the Bonds and by the Trustee to the extent and by the procedures set forth in the Authorizing Ordinance for enforcement of the obligations of the County under the Authorizing Ordinance. (d) The City represents and covenants that (1) not in excess of five percent (5%) of the City's Minimum Payment Obligation is, directly or indirectly, secured or payable from revenues derived from contracts with users of the City System and that at least 95% of such revenues are derived from use by users as members of the general public. (e) Any failure of the City or the County to perform any covenant or obligation set forth herein shall, upon ten days' written notice (by first class mail addressed to or by personal delivery to the Mayor of the City or the County Judge of the County) constitute an Event of Default hereunder and, upon the occurrence of any Event of Default, the aggrieved party (or the Trustees of the holders of the Bonds as set forth in paragraph (c) above) may seek any remedy available at law or in equity, including, without limitation, suit for damages, specific performance, mandamus and termination of services; provided however, nothing set forth herein shall be interpreted to relieve the City of its obligation to make timely payment of the Minimum Payment Obligation. (f) Nothing set forth herein shall be interpreted to restrict the City in the expansion or improvement of the City System. Any unresolvable discrepancies or disagreements concerning annual Transfer Station fees will be submitted to the Independence County Judge and Mayor of Batesville for resolution; provided, however, that the City's Minimum Payment Obligation shall never be reduced or forgiven. GENERAL CONDITIONS Independence County and the City of Batesville each binds itself and its successors, agents, and assigns to the other party of this Agreement; and to the successors, agents, and assigns of the other party in respect to all covenants of this Agreement. Independence County and the City of Batesville will use reasonable care and due diligence in the operation their respective equipment and facilities. • This Agreement is hereby executed on behalf of Independence County and the City of Batesville on the day and year first mentioned above. INDEPENDENCE COUNTY ATTEST: A D.--V David Wyatt, Co my Judge CITY OF BATESVILLE ATTEST: Joe-Biard, Mayor • •