HomeMy WebLinkAbout1981-771-R RESOLUTION # rl 17
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A RESOLUTION APPROVING THE MODIFICATION OF THE PRICING TABLE FOUND IN APPENDIX
"A" OF THE WASTE DISPOSAL AGREEMENT BY AND BETWEEN THE CITY OF BATESVILLE AND
THE GENERAL TIRE AND RUBBER COMPANY DATED DECEMBER 19, 1979 PJIM AUTHORIZING THE
MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, ARKANSAS TO EXECUTE AN AMENDED
AGR=''ENT SETTING FORTH SAID MODIFICATION.
BE IT RESOLVED, by the City Council of the City of Batesville, Arkansas:
Section 1. That the Mayor and City Clerk are hereby authorized and directed tol
execute a contract modifying and amending the pricing tables found in Appendix
A of the waste disposal agreement by and between the City of Batesville and
The General Tire and Rubber Company dated December 19,, 1979, a copy of said
amended agreement is attached hereto, marked EXHIBIT "All as though fully set
out herein word for word.
Section 2: That the City Council of the City of Batesville, Arkansas, hereby
approves the modification of said contract by replacing the pricing table foundi
in Appendix A of said earlier agreement with a pricing formula.
ADOPTED this 2TPday of -MT 1981.
APPROVE
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MAYOR
ATTEST:
LARRY WILL 4S, CITY CLERK
AMENDMENT TO AGREEMENT
LTHIS AGREEMENT made this day of 1981 , by and
between the City of Batesville, Arkansas, a Municipal Corporation organized
and existing under the laws of the State of Arkansas, and The General Tire and
Rubber Company, a Corporation existing and operating under the laws of the
State of Ohio with its principle offices in Akron , Ohio. WITNESSETH:
That, whereas, the parties hereto have heretofore on the 19th day of
December, 1979, entered into a contract for the disposal , by the City of Bates- i
ville, of General Tire's waste at the Batesville air waste incinerator facil-
ity, and due to changed conditions the parties desire to modify that agreement
as it pertains to the pricing table found in Appendix "A" of said agreement,
the parties by their mutual promises substitute, modify and amend Appendix "A"
of said agreement dated December 19 , 1979, as follows:
The pricing table as set out in Appendix "A" of said waste
disposal agreement is hereby replaced by the following
formula:
D = 24.61 (0.001 x R)
Where: D = Disposal fee in dollars per ton of waste
received.
Where: R = Steam revenues in dollars during the waste
disposal billing period.
All other provisions referring to disposal fee tables or
pricing tables in the contract dated December 19, 1979,
shall be read and interpreted to give effect to this form-
ula and this formula shall control when resort to the
II pricing tables for disposal fees must be had. In no
event shall the price per ton be less than zero.
This agreement will not affect the mutual obligations or agreements of
the contract dated December 19, 1979, except for the matters stated in this i
agreement.
IN WITNESS WHEREOF, THE parties hereto have caused this agreement to be i
duly executed this day of 1981.
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CITY OF. ATESV�t ARKANSAS
BY MA
• SHIRRELL,, YOR
ATTEST:
LARRY WILLIAMS, CITY CLERK
THE GENERAL TIRE AND RUBBER COMPANY
BY:
ATTEST: