HomeMy WebLinkAbout1979-733-R (we
RESOLUTION #733
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
WITH THE GENERAL TIRE & RUBBER COMPANY PROVIDING FOR THE DISPOSAL OF
GENERAL TIRE AND RUBBER COMPANY WASTE AND FOR OTHER PURPOSES.
BE IT RESOLVED that:
(1) That the City Council of the City of Batesville having con-
sidered a proposed waste agreement between the City of Batesville and
the General Tire & Rubber Company and the City Council having deter-
mined that said contract meets with their approval and that said con-
tract is in the best interest of the City of Batesville and that said
contract will further the building of an incinerator, the Mayor and
City Clerk are hereby authorized to execute the above said contract,
a copy of which is attached hereto, marked Exhibit "A" and made a part
hereof as though fully set out herein word for word.
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Approved December 19, 1979.
Approved—. -
PeytI Golden, Mayor
ATTEST:
Larry Wilgiams, City Clerk
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AGREEMENT
THIS AGREEMENT made this day of 19-74
by and between the CITY OF BATESVILLE, ARKANSAS, a Municipal Corporation
organized and existing under the laws of the State of Arkansas, hereinafter
referred to as "CITY" and THE GENERAL TIRE 6 RUBBER COMPANY, a Corporation
existing and operating under the laws of the State of Ohio, with its prin-
cipal offices. at Akron, Ohio, hereinafter referred to as "GENERAL TIRE". The
CITY agrees to construct and operate a controlled air waste incineration
facility and dispose of GENERAL TIRE's waste in accordance with the following
terms and proivisons of this AGREEMENT.1(W .
1. CONDITIONS OF WASTE:
The CITY shall accept, receive, store and incinerate or otherwise dispose
of all of the solid and liquid waste and scrap materials from GENERAL
TIRE on an as received basis providing the following conditions are met: ,
1.1 The waste can be incinerated in an environmentally safe manner in a
properly operated controlled air incineration facility.
1.2 The liquid or fluid Waste is a combustible material.
1.3 The liquid or fluid waste is delivered in containers' or in such a
manner that it can be fed into and burned in the burning equipment
without creating any unusual problems.
1.4 The waste is not deemed a hazardous waste with respect to handling
or incineration.
2. DELIVERY OF WASTE:
GENERAL TIRE will Attempt to schedule the delivery of their waste to the
CITY'S facility on an off-shift basis or any other mutually agreeable
time to enable the CITY to balance the fuel availability for the inciner-
ator; however, this is not to be interpreted to mean that the CITY will
not accept the waste from GENERAL TIRE'S plant any less frequently than
once per day excepting Saturdaysp Sundays and holidays, unless mutually
agreeable. If the CITY desires to accumulate GENERAL TIRE'S waste and/or
blend it-to balance the termal heat content of the refuse fired to the
incinerator, the burden for this operation and/or equipment required will
be the responsibility of the CITY.
3. LIABILITY:
GENERAL TIRE is to be held harmless in regard to any liability in regard
to either civil or criminal action concerning the following* items:
3.1 Compliance with Environmental Protection Agency rules and regula-
tions covering the operation of the incinerator, including the
gathering and delivery of the refuse to the incinerator plant.
3.2 Air pollution generated by the incinerator facility, including odor,
particulate matter, smoke emission, sulfur compounds, nitrogen
compounds, hydrocarbon emissions, general nuisance, 'etc.
3.3 Compliance
ompliance with. any federal, state or local rules or regulations or
laws regarding water pollution or disposal 'of condensate process
water, drainage water, or storm water from the incinerator facility.
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3.4 Compliance with federal, state and local standards or codes relating
to noise, safety, OSHA or any other rules or regulations concerning
industrial health and/or safety.
3.5 Labor conflicts, civil disturbances, riots, etc. , with res4ect to
the operation of the incinerator.
4. DISPOSAL FEES:
GENERAL TIRE shall pay a monthly disposal fee as determined from the
total tonpages of GENERAL TIRE'S waste disposed of times the unit cost of
disposal as interpreted from the "Disposal Fee Table" - Appendix "A" of ,
this AGREEMENT . The fees shall not be dependant on BTU content of the
waste. The charges for waste disposed of by the CITY from GENERAL TIRE
will be billed to GENERAL TIRE by the CITY. All payments will be due
from GENERAL TIRE to the CITY within thirty (30) days of the billing
date. The. CITY may charge a 5/6 of 1% late charge on any bill not paid
within said thirty (30) day period; and, if' such billing is not timely
paid with late charge within forty (40) days of the billing date, the ,
CITY may discontinue service upon not less than five (5) days written
notice to GENERAL TIRE.
5. AMENDMENT OF AGREEMENT:
This AGREEMENT supersedes all prior negotiations and oral understandings,
if any, and may not be amended or supplemented except by an instrument in
writing signed by both parties hereto.
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6. NOTICES:
Notices required Order this AGREEMENT will be given to and from the
respective local operating personnel of the CITY and GENERAL TIRE.
Notices will be deemed properly given when in writing, sent by certified
mail, postage prepaid and addressed:
If to City: Mayor of Batesville
City Hall
Batesville, Arkansas 72501
If to General: Plant Manager
The General Tire & Rubber Company
P.O. Box 2237
Batesville, Arkansas 72501
or at such other place as the respective parties may from time to time
designate in a written notice to the other.
7. TERMS:
GENERAL TIRE and the CITY agree that this AGREEMENT shall expire at the
end of a term of five (5) years and may be renewed by the parties prior
to expiration. Either party may terminate this AGREEMENT upon six (6)
months prior notice to the other party.
8. ASSIGNMENTS:
Neither party shall have the power or right to make assignment of any
rights or obligations under this AGREEMENT without the expressed prior
written consent of the other party.
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Cw IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
duly executed this day of , 19Z�.
CITY OF BATESVILLE, ARKANSAS
By
Mayor
(SEAL)
ATTEST:
THE GENERAL TIRE & RUBBER COMPANY
City Clerk
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ATTEST: log
(CORPORATE SEAL)
0021A
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APPENDIX "A"
• DISPOSAL FEE TABLE
NET COST PER TON
NAT. GAS STEAM AVERAGE STEAM SALE (6,200 HRS. YR.
COST PRICE 4,000 69000 8,000 109000 12,000
$/MCF $19000 LBS. #/HR. #/HR. #/HR. #/HR. #/HR.
$1.70 $2.12 $20.15 $17.90 $15.65 $13.41 $11.16
$1.80 $2.21 $19.95 $17.61 $15.27 $12.93 $10.59
$1.90 $2.31 $19.74 $17.29 $14.84 $12.39 $ 9.95
$2.00 $2.40 $19.55 $17.00 $14.46 $11.92 $ 9.38
$2.10 $2.49 $19.36 $16.72 $14.08 $11.45 $ 8.81
$2.20 $2.57 $19.19 $16.47 $13.74 $11.02 $ 8.30
` $2.30 $2.66 $19.00 $16.18 $13.36 $10.54 $ 7.72
fir+ $2.40 $2.74 $18.83 $15.93 $13.02 $10.12 $ 7.22
$2.50 $2.81 $18.68 $15.70 $12.72 $ 9.75 $ 6.77
$2.60 $2.89 $18.51 $15.45 $12.39 $ 9.32 $ 6.26
$2.70 $2.96 $18.36 $15.32 $13.09 $ 8.95 $ 5.82
$2.80 $3.02 $18.24 $15.04 $11.83 $ 8.63 $ 5.43
$2.90 $3.09 $18.09 $14.81 $11.54 $ 8.26 $ 4.99
$3.00 $3.15 $17.96 $14.62 $11.28 $ 7.94 $ 4.61