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HomeMy WebLinkAbout03948ORDINANCE NO. 3948 AN ORDINANCE APPROVING AN AMENDMENT TO THE AGREEMENT DATED FEBRUARY 25, 1974 FOR SOLID WASTE DISPOSAL AND SANITARY LANDFILL OPERA- TIONS BETWEEN THE CITY OF PUEBLO, A MUNICI- PAL CORPORATION, THE BOARD OF COUNTY COMMIS- SIONERS OF PUEBLO COUNTY, COLORADO AND JOE P. ZUPAN DOING BUSINESS AS ZUPAN ENTERPRISES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, it would be in the best interest of the City of Pueblo to enter into an amendment to the agreement dated February 25, 1974 with the County of Pueblo entered into under the author- ity of Article 2, Chapter 88, C.R.S. 1963 as amended (Colorado Intergovernmental Relations Act) and Section 3 -8 of the Charter of the City of Pueblo relating to the joint contract for solid waste disposal and sanitary landfill facility and service and operations for the residents of both the City and County of Pueblo, Colorado, which amendment defined the exact rental to be paid by the operator of said facility, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: .gR0TTnN l Amendment No. 1 dated December 9, 1974 to that certain Agree- ment dated February 25, 1974 between the City of Pueblo, a muni- cipal corporation, Board of County Commissioners of Pueblo County, and Joe P. Zupan d /b /a Zupan Enterprises for solid waste dis- posal and sanitary landfill operations, a copy of which is at- tached hereto, having been approved as to form by the City At- torney is hereby approved. SRrTTnN 9_ The President of the City Council is authorized and directed to execute said agreement for and on behalf of the City of Pueblo and the City Clerk is directed to attest same and affix the seal of the City thereto. ATTEST: INTRODUCED November 25, 1974 By: RTCHARD N. ANGLUND Councilman APPROVED: Ci y �lerk President of the Council -2- AMENDMENT NO. 1 THIS AMENDMENT NO. 1 entered into this 9th day of December, 1974 between Pueblo, a Municipal Corporation, herein called "City ", Board of County Commissioners of Pueblo County, Colorado, herein called "County ", and Joe P. Zupan d /b /a Zupan Enterprises, herein called "Contractor ", WITNESSETH: WHEREAS, the parties hereto did on February 25, 1974 enter into an agreement relating to solid waste disposal in Pueblo County, Colorado; and WHEREAS, the parties hereto originally anticipated the cost of construction of a building for a trash pulverizing plant and appurtenant improvements would be approximately $250,000.00; and WHEREAS, through no fault of any of the parties hereto the actual cost of said construction will exceed said amount; and WHEREAS, the rent to be paid by Contractor for use of said building was set at a percentage of actual construction costs; and WHEREAS, an annual rental of $24,000.00 would be fair and reasonable for the use of said building and appurtenant improve- ments; NOW THEREFOR, for mutual consideration the parties agree as follows: 1. Paragraph 8(a) of Specific Conditions of the agreement dated February 25, 1974 between the parties hereto be and the same is hereby amended to read as follows: "(a) By Contractor Contractor shall pay all utility charges arising out of the solid waste disposal operations and shall lease the premises known as the South Dump and the building to be constructed thereon from City and County for a period of ten years from commencement date. Said build- ing and South Dump shall be used only for solid waste disposal and landfill operations. Contractor shall pay as and for rental for said building for the full term of 10 years the sum of $240,000.00 payable in monthly installments of $2,000.00 in advance commencing on the commencement date and monthly thereafter. Said rental shall be adjusted by the cost of living index method and in the same manner and limi- tations as compensation to be paid to Contractor is to be ad- justed under paragraph 8(b) hereof. Monthly rent payable hereunder may be deducted by City and County once each quar- ter from payments required to be paid under subparagraph (b) hereof. After the construction of said building and certifi- cation of completion thereof, City and County shall be re- sponsible for the maintenance and structural repair of said building during the term of this contract except that Contractor shall be responsible for any repair necessitated or caused by the negligence of Contractor, his agents or employees." 2. Except as amended by paragraph 1 of this Amendment No. 1, all the terms and provisions of the agreement dated February 25, 1974 between the parties hereto shall remain in full force and effect. EXECUTED at Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION ATTEST: r r ,. B ',8� . President the Council Ci Clerk City At r BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO Bvl�r /�� By �_� / T 1)C.( l �, � " Comm sinner C ommi s s i onet-, Joe P. Zupan d /b /a Zupan Niterprises