HomeMy WebLinkAbout5185RESOLUTION NO. 5185
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND ZUPAN ENTERPRISES, INC.
RELATING TO A PERMIT FOR SOLID WASTE DISPOSAL
SITE CERTIFICATE OF DESIGNATION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
gP.rTTON 1 _
The Agreement dated July 11, 1983 between the City of Pueblo
INTRODUCED: July 1 , 1983
By DOUGLAS L. RING
Councilman
APPROVED:
and Zupan Enterprises, Inc. relating to a permit for solid waste
disposal site certificate of designation, a copy of which is
attached hereto and incorporated herein, having been approved
by the City Attorney, is hereby approved. The President of the
City Council is hereby authorized and directed to execute the
Agreement for and on behalf of the City and the City Clerk is
authorized and directed to attest same and affix the seal of
the City thereto.
ATTEST:
Citf lerk
President of the City Council
AaRFFMFNT
This Agreement entered into the 11th day of July, 1983
between Zupan Enterprises, Inc., a Colorado corporation (herein
"Zupan ") and the City of Pueblo, a municipal corporation (herein
"Cit "
Y
WITNESSETH:
Whereas, Zupan operates the South Dump under an Agreement
dated February 24, 1974 between Zupan, County of Pueblo, and
City (herein "Agreement "), and
Whereas, City has acquired additional land for use as a
solid waste disposal site adjacent to the South Dump (herein
"additional land "), and
Whereas, application for a Certificate of Designation
designating said additional land as an approved solid waste
disposal site may have to be filed with the Board of County
Commissioners of the County of Pueblo, Colorado pursuant to
C.R.S. 1973, 30 -20 -101 et seq.
Now, Therefore, in consideration of the foregoing and
mutual promises herein contained City and Zupan agree as
follows:
1. The additional land is legally described as:
S 1/2 of the NW 1/4, SW 1/4 and N 1/2 of the SE 1/4
of Section 18, Township 21 South, Range 65 West of
the 6th P.M., Pueblo County, Colorado, containing
approximately 313 acres.
2. The application for the Certificate of Designation
shall be filed in the name of Zupan. All necessary engineering
and geological services required for the filing of such appli-
cation shall be furnished and provided by and at the expense
of City.
3. Zupan shall operate and conduct upon the additional
land a solid waste disposal and sanitary landfill operation
for the residents of the City and County of Pueblo in accordance
and compliance with the terms and provisions of the Agreement,
amendments to the Agreement, and the Certificate of Designation
until the Agreement is terminated.
4. Upon termination of the Agreement for any reason,
including the expiration of its term, Zupan shall transfer
and assign to City the said Certificate of Designation and
all of Zupan's rights and privileges thereunder. After the
assignment and transfer of the Certificate of Designation to
City, Zupan shall be released and discharged from all duties
and obligations under the Certificate of Designation except
those relating to or arising out of solid waste disposal and
sanitary landfill operations conducted upon the additional land
by Zupan prior to such transfer and assignment including, without
limitation, the covering and reclamation of solid waste disposal
sites located thereon. Zupan does hereby constitute and appoint
the City Manager of City as its true and lawful attorney
with full power and authority to execute and deliver for
and on behalf of Zupan all instruments and documents
required or necessary to transfer and assign to City the
said Certificate of Designation after termination of the
Agreement.
6. Zupan shall not assign this Agreement or any rights
or duties hereunder without the written consent of City.
7. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their successors and
approved assigns.
Signed at Pueblo, Colorado.
ZUPAN ENTERPRISES, INC.
[Seal]
LIMA
ATTEST: President
Secretary
CITY OF PUEBLO, a Municipal
Corporation
[Seal]
BY CIS.
ATTEST: President of the City Council
C' erk
APPROVED AS TO FORM:
City Attorn
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