HomeMy WebLinkAbout6258RESOLUTION NO. 6258
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND THE BOARD OF COUNTY COMMISSIONERS OF
PUEBLO COUNTY, COLORADO RELATING TO A SOLID
WASTE DISPOSAL SITE AND FACILITY AND AUTHORIZ-
ING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
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The Agreement dated August 8, 1988 between the City of
Pueblo, a Municipal Corporation and The Board of County Commis-
sioners of Pueblo County, Colorado relating to a solid waste
disposal site and facility, a copy of which is attached hereto and
incorporated herein, having been approved as to form by the City
Attorney, is hereby approved.
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The President of the City Council is authorized and directed
to execute the Agreement for and on behalf of the City and the
City Clerk is directed to affix the seal of the City thereto and
attest same.
INTRODUCED: August 8, 1988
By MICHAEL OCCHIATO
Councilman
ATTEST: APPROVED:
City Clerk Prgsident of the City Council
AGREEMENT
THIS AGREEMENT, entered into the 8th day of August, 1988 by
and between the City of Pueblo, a Municipal Corporation (herein
"City ") and the Board of County Commissioners of Pueblo County,
Colorado (herein "County "),
WITNESSETH:
WHEREAS, City and County are desirous of obtaining land
suitable for use and development as a solid waste disposal site
and facility within the County of Pueblo, Colorado; and
WHEREAS, City and County have determined that it would be in
the best interest of the residents of the City and County and
necessary for the preservation of the public health and general
welfare to enter into an intergovernmental agreement under the
authority of section 29 -1 -201 et seq. C.R.S. to jointly contract
for the acquisition and development of land for a solid waste
disposal site and facility within the County of Pueblo, Colorado
for the use of the residents of both the City and the County on a
user charge basis.
NOW, THEREFORE, in consideration of the foregoing and mutual
promises herein set forth, City and County agree as follows:
1. City and County shall jointly designate and select a
parcel or parcels of land within Pueblo County, Colorado suitable
for a solid waste disposal site and facility.
2. City and County shall jointly acquire and develop said
land as a solid waste disposal site and facility for the use of
the residents of both the City and the County on a user charge
basis and thereafter contract for the operation of such site and
facility with either the City or County, or with an approved
applicant selected on a competitive basis.
3. If it becomes necessary to acquire any land by condemna-
tion, such proceedings shall be instituted in the names of both
the City and County and shall be conducted under the supervision
of the City Attorney and County Attorney.
4. All activities and services required for the acquisition
and development of the land for a solid waste disposal site and
facility, including without limitation, site selection,
appraisals, engineering and geological services, grading and
construction work, and requests for proposals, shall be mutually
approved by the City Manager and County Manager.
5. A certificate of designation issued pursuant to section
30 -20 -101 et seq. C.R.S. 1973 shall be obtained for the solid
waste disposal site and facility in the names of both the City and
County and assigned and transferred to the operator.
6. All costs, expenses, fees and charges incurred in the
acquisition and development of the land for a solid waste disposal
site and facility shall be shared and paid as follows: one -half
thereof by the City, and one -half thereof by the County.
7. City and County agree to cooperate in the performance of
this Agreement and to the extent lawful, to enact such legislation
and to approve such appropriations reasonably and necessarily
required for the performance of this Agreement. The City and
County do hereby designate the following person to represent their
respective interests herein and to act on their behalf hereunder:
For the City, its City Manager; and,
For the County, its County Manager.
8. This Agreement shall be reviewed annually by the City
and County and may be modified or amended only by an agreement in
writing signed by the parties hereto.
9. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their successors.
Executed the day and year first above written.
PUEBLO, A MUNICIPAL CORPORATION
ATTEST:
BY �1�'
Ci Clerk President of the City Council
BOARD OF COUNTY COMMISSIONERS OF
PUEBLO COUNTY
Y
Chairman of the oar
TJ 21.50 -2-
STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in r session in its
office in Pueblo County, Colorado, on Tuesday the 9th day of
August A. D. 19 88 , at 10:00 o'clock.
Present:
Sollie S. Raso
Chairman.
.f James M. Brewer County Commissioner.
" County Commissioner.
, James V. Phelps County Attorney.
Lucille Wilson County Clerk or Deputy.
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 88 -245 APPROVING THE AGREEMENT BETWEEN
THE CITY OF PUEBLO AND PUEBLO
COUNTY FOR THE JOINT ACQUISITION
AND DEVELOPMENT OF A SOLID WASTE
DISPOSAL SITE AND FACILITY
WHEREAS, the provision of an adequate solid waste
disposal site and facility is in the best interests of the
residents of the City and County in that it is necessary for the
preservation of the public health, safety, and general welfare;
and
WHEREAS, the existing southside landfill will reach its
authorized capacity in the immediate future, and an Amendment to
its Certificate of Designation is necessary to extend the life of
the landfill for approximately 22 months; and
WHEREAS, no application for a Certificate of Designation
filed by a private developer has been approved by the Board of
County Commissioners to date; and
WHEREAS, due to the impending closure of the southside
landfill, and in light of the time constraints necessary to the
development of a landfill, the City and County have determined
that it would be in the best interests of the residents of the
City and the County, and necessary for the preservation of the
public health and general welfare, to enter into an
intergovernmental agreement under the authority of §29 -1 -201, et.
seq., C.R.S., to jointly contract for the acquisition and
development of land for a solid waste disposal site and facility
within the County of Pueblo, Colorado, for the use of the
residents of both the City and the County on a user charge basis;
and
WHEREAS, by Resolution dated July 28, 1988, the Pueblo
Area Council of Governments recommended to the City of Pueblo and
Pueblo County that they enter into an agreement for the joint
acquisition and development of a solid waste disposal site and
facility in order to advance the health, safety, and general
welfare of the people of the City and County of Pueblo, Colorado;
and
WHEREAS, by Resolution No. 6258, dated August 8, 1988,
the City of Pueblo approved the Agreement between the City and
County for the acquisition and development of land for a solid
waste disposal site and facility, and this Board desires to enter
into said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
STATE OF COLORADO,
County of Pueblo,
The Board of County Commissioners met in regular session in its
office in Pueblo County, Colorado, on Tuesday the 9th day of
August A. D. 19 88 , at 10:00 o'clock.
Present: Chairman.
++ County Commissioner.
>+ County Commissioner.
++ County Attorney.
++ County Clerk or Deputy.
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 88 -245 CONTINUED
Commissioners of Pueblo County, Colorado, that the Agreement
between the City of Pueblo and Pueblo County, dated
August 8, 1988, the terms and conditions of which are
incorporated herein by this reference, be, and hereby is,
approved nunc pro tunc August 8, 1988.
BE IT FURTHER RESOLVED that Sollie S. Raso, Chairman of
the Board of County Commissioners of Pueblo County, Colorado, be,
and hereby is, authorized to execute said Agreement on behalf of
Pueblo County.
By the following vote on roll call:
BREWER -Aye, RASO -Aye.