Loading...
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 -2-