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Home My WebLink AboutRES.550.08-06-1990 BILL N0. 90- 177 RESOLUTION N0. �5� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT OF OBLIGATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR THE LANDFILL CLOSING 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 is identical 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 . PASSED AND ADOPTED THIS �.LG� DAY OF � ► 19 �� /'��GG�l�/ ��Q'�� Francis E. Rhodes , Mayor ATTEST: � � ,7 u 1 i ; --�a 1 e Dep y City Clerk CONTRACT OF OBLIGATION THIS AGREEMENT is made and entered into by and between the City of Cape Girardeau , Missouri , acting by its City Manager on the authority of the City Council of the City of Cape Girardeau , Missouri , hereinafter referred to as "City" , an� the Missouri Department of Natural Resources , hereinafter referred to as the MoDNR, WHEREAS , City has submitted a permit application for the construction, operating and maintenance of a solid waste disposal area to MoDNR pursuant to the requirements of Sections 260 . 200 to 260 . 245 , RSMo , and the MISSOURI SOLID WASTE MANAGEMENT LAVJ ( 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 . NOP7, THEREFORE, in consideration of the issuance of Permit No . 103101 by MoDNR to City for the operation of a solid waste disposal area and in consideration of the mutual covenants contained herein, MoDNR and City hereby agree as follows : 1 . City is hereby bound unto MoDNR in the sum of One Hundred Thirty-Three Thousand ( $133 ,000 . 00 ) for closure of the sanitary landfill plus Twenty-Four Thousand Dollars ($24 , 000 . 00 ) per year for twenty ( 20 ) years after closure for post-closure and hereby authorizes the Director of the MoDNR or designee to collect said sum from any funds being disbursed or to be disbursed by the State of Missouri to City upon failure of City to close or 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 closure and post-closure plans . 2 . Should MoDNR find that City has failed to properly close or provide post-closure care for the solid waste disposal area , MoDNR shall notify City of such finding and pursuant to 260 . 235 , RSMo shall afford the opportunity for administrative and judicial review of such finding. 3. City 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 City the sum of One Hundred Thirty-Three Thousand Dollars ( �133 , 000 . 00 ) for closure of the sanitary landfill and the sum of Twenty-Four thousand Dollars ( $24 , 000 . 00 ) per year for twenty ( 20) years after closure of the landfill for post-closure upon receiving notice from the Director of MoDNR of City ' s failure to properly close or provide post-closure care for the solid waste disposal area . 4 . This contract shall terminate upon written notice from MoDNR that City is released from the requirements for a financial assurance instrument for closure or post-closure care as required by the Law and rules pramulgated thereunder . 5 . If City desires to terminate this contract prior to completing proper closure or post-closure care for the solid waste disposal area , it must : (a ) Send a notice of termination in writing addressed and delivered to the MoDNR one hundred twenty ( 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 ninety ( 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 does not provide an acceptable alternative financial assurance instrument within the time limit specified above , this centract shall remain in effect until terminated as specified in Paragraph 4 of this contract . 6 . City 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 City to the terms thereof . 7 . The effective date of this contract is the date this contract is signed by the Director of MODNR. IN WITNESS 6aHEREOF, the parties hereto have set their hands and seals , CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: J. Ronald Fischer , City Manager Date: Julie A. Dale , Deputy City Clerk MISSOURI DEPARTMENT OF NATURAL RESOURCES Director Date :