Loading...
HomeMy WebLinkAbout04850ORDINANCE NO. 4850 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 MUNICIPAL CORPORATION, THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO AND ZUPAN ENTER- PRISES, INC., AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. WHEREAS, it would be in the best interest of the City and the County of Pueblo to enter into an amendment to The Agreement dated February 25, 1974 with the County of Pueblo entered into under the authority of C.R.S. 1973, 29 -1 -201 et seq. and Section 3 -8 of the Charter of the City of Pueblo relating to the joint contract for solid waste disposal and sanitary landfill facilities, services and operations for the residents of both the City and County of Pueblo, Colorado, which amendment clarifies certain questions under The Agreement and adds approximately 153 acres to the land leased for solid waste and sanitary landfill purposes. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. Amendement No. 2 dated February 9, 1981 to that certain Agree- ment dated February 25, 1974 between the City of Pueblo, a municipal corporation, Board of County Commissioners of Pueblo County, and Joe P. Zupan d /b /a Zupan Enterprises for solid waste disposal and sanitary landfill operations, a copy of which is attached hereto, having been approved as to form by the City Attorney is hereby approved. SECTION 2. 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: Ci y rer INTRODUCED February 9 , 1981 By MIKE OCCHIATO Councilman APPROVED: (--- (I)iQ, Presi of th Council -2- AMENDMENT NO. 2 THIS AMENDMENT NO. 2 entered into this 9th day of February, 1981 between Pueblo, a Municipal Corporation, herein called "City ", the Board of County Commissioners of Pueblo County, Colorado, herein called "County" and Zupan Enterprises, Inc. assignee of Joe P. Zupan, d /b /a Zupan Enterprises, herein called "Contractor ", W I T N E S S E T H Whereas, the parties did on February 25, 1974 enter into an Agreement relating to solid waste disposal and sanitary landfill, herein called "The Agreement ", and Whereas, certain questions have arisen concerning the inter- pretation of provisions of The Agreement, and Whereas, City has acquired an additional 153 acres, more or less, of land for a sanitary landfill and solid waste disposal site adjacent to the South Dump, and Whereas, the parties are desirous that said 153 acres of land be included in The Agreement as leased land for the purpose for which it was acquired, Now Therefore, in consideration of the foregoing and the mutual promises herein contained, the parties agree as follows: A. Paragraph 4 of the Specific Conditions of The Agreement be amended by the addition of the following sentence: All solid waste capable of being processed or run through the trash pulverizing plant shall be so processed before deposit and disposal into the sanitary landfill, provided, however, that Contractor may close the trash pulverizing plant on Sundays and deposit or cause to be deposited solid waste brought to the dump on Sundays directly into the active dump site without processing through the trash pulverizing plant. B. The Miscellaneous Provisions of The Agreement be amended by the addition of the following new paragraphs 6, 7, 8, 9 and 10: 6. City does hereby lease to Contractor the following described land for the purpose of conducting thereon a solid waste disposal and sanitary landfill operation for the residents of the City and County in accordance and compliance with the terms, conditions and provisions of this Agreement and the Certificate of Designation to be issued under C.R.S. 1973, 30 -20 -105 by the Board of County Commissioners, Pueblo County, Colorado, for a term commencing on the date of the issuance of said Certificate of Designation and ending March 31, 1985, to -wit: The North 1/2 of the South 1/2 of Section 18, T 21 S, R. 65 West of the 6th P.M., Pueblo County, Colorado The City retains the right, upon 30 days prior written notice to Contractor to withdraw from the foregoing lease any portion of the said 153 acres of land and cancel the lease in respect thereto, as the City, in its sole discretion, may hereafter determine is needed by City for other purposes or is not needed for solid waste disposal purposes by Contractor. 7. Contractor shall cover all active sanitary landfill dump sites with six inches of approved cover material each working day and shall cover all filled and inactive dump sites with twenty -four inches of approved cover material on a systematic basis so that within thirty days after termina- tion of this Agreement all sanitary landfill dump sites shall have been so covered, except that Contractor shall commence covering the filled and inactive dump site known as the South Dump immediately and complete such covering on or before September 1, 1984. 8. Commencement date of this Agreement is March 30, 1975 and termination date is 12:00 o'clock midnight March 31, 1985. 9. Contractor shall maintain roads located on the leased land and County shall maintain the county road from Highway 76 to the leased land. 10. Notwithstanding the last sentence of paragraph 5, Specific Conditions, hereof, the County road from Highway 76 shall not be closed except with the written approval of County. -2- Contractor shall limit and control access to the dump site and the building during hours the dump site is not opened to the public. C. The Agreement as amended by this Amendment No. 2 and Amendment No. 1 dated December 9, 1974 shall remain in full force and effect. Executed at Pueblo, Colorado the day and year first above written. (SEAL) ATTES r i ty �l k Approved as to form: City Attorney PUEBLO UNIC, CORPORATION B f ' Presi en f the ity Council (SEAL) Approved as to form: BOARD OF COUNTY COMMISSI OF PUEBLO COUNTY, COLQ'1'a R County Attorney i (SEAL) ATTEST: Senretar� ZUPAN ENTERPRISES, INC. President -3- March 27, 1981 Lucy Costa, City Clerk City of Pueblo 1 City Hall Place Pueblo, CO 81003 Dear Lucy: The enclosed Amendment No. 2 agreement relating to the operation of the South Dump was previously approved by Ordinance of the City Council. The County Commissioners have now approved the agreement and executed 2 copies of same. Please cause both of the copies to be executed by officials of the City, one copy to be retained in your file with the ordinance and the other executed copy returned to James Phelps, County Attorney, for their records. For your information, it is not necessary that the County Attorney approve as to form. Very truly yours, Thomas E. Jagger City Attorney TEJ : sm enc.. CCOLORFUL SOUTHERN COLORPIVF ^) "ITY OF PUEBLO CITY ATTORNEY 127 r VkSl NA ,1i, lL BANK BLDG, k'I,0, .2� 11003