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:
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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.
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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