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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: gPrTTnM 1 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. gPrTT(1N 7 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.