HomeMy WebLinkAboutRES.890.01-03-1994 BILL NO. 94-4 RESOLUTION NO. � � L%
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT OF OBLIGATION WITH THE
MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR
THE LANDFILL POST-CLOSURE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. J. Ronald Fischer, City Manager, as the Signatory
Agent of the City of Cape Girardeau, Missouri, is hereby authorized
to enter into the contract of obligation affixed hereto and to sign
the contract of obligation on behalf of the above-named city and in
addition certifies that this contract conforms to the wording
specified in 10 CSR 80-2 . 030 (4) (B) 3 .G. as such rules were
constituted on the date this contract was signed.
ARTICLE 2 . This Contract of Obligation supersedes and replaces
all prior post-closure Contracts of Obligations previously executed
by the City.
PASSED AND ADOPTED THIS �l
i;i:�i- DAY OF � �, ��iyt,'�.�.; , 19 i��l
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Francis E. Rhodes, Mayor
ATTEST:
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Gay� L. Conrad
, �;; Deputy City Clerk
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CONTRACT OF OBLIGATION FOR
POST-CLOSURE RESPONSIBILITIES FOR THE
SOLID WASTE DISPOSAL AREA
THIS AGREEMENT is made and entered into by and between the
City of Cape Girardeau, Missouri and the Missouri Department of
Natural Resources hereinafter referred to as the MoDNR.
Whereas, the City of Cape Girardeau, Missouri has submitted a
permit application for the construction, operation and maintenance
of a solid waste disposal area to MoDNR pursuant to the
requirements of sections 260. 200 to 260.245 RSMo, the Missouri
Solid Waste Management Law (hereinafter "Law") and the rules
promulgated thereunder; and
Whereas, pursuant to the Missouri solid Waste Management
Rules, 10 CSR 80-2 . 030 (4) (B) 3 .G. , a municipality or county may
execute a "contract of obligation" to satisfy the requirements for
a financial assurance instrument in applying for a permit to
operate a solid waste disposal area.
Now therefore, in consideration of the issuance of Permit No.
103101 by MoDNR to the City of Cape Girardeau, Missouri for the
operation of a solid waste disposal area and in consideration of
the mutual covenants contained herein, MoDNR and the City of Cape
Girardeau, Missouri hereby agree as follows:
1. The City of Cape Girardeau, Missouri is hereby bound unto
MoDNR in the sum of Seven Hundred Seven Thousand Seven Hundred
Forty Dollars ($707, 740. 00) and hereby authorizes the Director
of MoDNR, or designee, to collect said sum from any funds
being disbursed or to be disbursed by the State of Missouri to
the City of Cape Girardeau, Missouri upon failure of the City
of Cape Girardeau, Missouri to provide post-closure care for
the solid waste disposal area in accordance with the
requirements of the Law, the regulations duly promulgated
thereunder and the approved post-closure plans.
2 . Should MoDNR find that the City of Cape Girardeau, Missouri
has failed to properly provide post-closure care for the solid
waste disposal area, MoDNR shall notify the City of Cape
Girardeau, Missouri of such finding and pursuant to 260.235,
RSMo shall afford the opportunity for administrative and
judicial review of such finding.
3 . The City of Cape Girardeau, Missouri hereby authorizes the
Director of the Department of Revenue and the State Treasurer
to withhold from any funds being disbursed or to be disbursed
by the state of Missouri to the City of Cape Girardeau,
Missouri the sum of Seven Hundred Seven Thousand Seven Hundred
Forty Dollars ($707, 740. 00) upon receiving notice from the
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Director of MoDNR of the City of Cape Girardeau, Missouri's
failure to properly provide post-closure care for the solid
waste disposal area.
4 . This contract shall terminate upon written notice from MoDNR
that the City of Cape Girardeau, Missouri is released from the
requirements for a financial assurance instrument for
post-closure care as required by the Law and the rules
promulgated thereunder.
5. If the City of Cape Girardeau, Missouri desires to terminate
this contract prior to completing proper post-closure care for
the solid waste disposal area it must:
(a) send notice of termination in writing addressed and
delivered to the MoDNR 120 days before that termination
will occur; and
(b) post with the MoDNR an acceptable alternative financial
assurance instrument, as provided for by the Law or by
any rules adopted pursuant to the Law within 90 days
after the notice of termination is received by the
department; and
(c) receive a written acknowledgment from the MoDNR of
receipt by MoDNR of an acceptable alternative financial
assurance instrument.
If the City of Cape Girardeau, Missouri does not provide an
acceptable alternative financial assurance instrument within
the time limit specified above, this contract shall remain in
effect until terminated as specified in 4. of this contract.
6. The City of Cape Girardeau, Missouri has by resolution
attached hereto as Attachment A and which by this reference is
incorporated herein and expressly made a part of this
agreement, authorized the signatory hereof to execute this
contract of obligation and bind the City of Cape Girardeau,
Missouri to the terms thereof.
7 . The effective date of this contract is the date this contract
is signed by the Director of MoDNR.
8 . This Contract of Obligation for post-closure costs and a
Contract of Obligation for closure costs entered into
contemporaneously constitute the full agreement between the
parties and supersede all previous Contracts of Obligation and
all prior Contracts of Obligation are now void.
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IN WITNESS WHEREOF, the parties hereto have set their hands
and seals.
CITY OF CAPE GIRARDEAU, MISSOURI
By:
J. Ronald Fischer, City Manager
DATE:
MISSOURI DEPARTMENT OF NATURAL RESOURCES
By:
Director
DATE:
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