HomeMy WebLinkAboutRES.295.11-16-1987 � ��
BILL N0. 87-207 RESOLUTION N0. •�' ?
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 :
SECTION l . The City Manager on behalf of the City of Cape
Girardeau, Missouri , is hereby authorized to enter into a Contract
of Obligation with the Missouri Department of Natural Resources
for the landfill closing . A copy of said contract is attached to
this resolution and made a part hereof .
PASSED AND ADOPTED THIS ��� DAY OF ��r-C'-�''����--��..� , 1987 .
Fr ncis E. Rhodes , Mayor
ATTEST:
1
Alvin M. Stoverink , 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" , and the Missouri
Department of Pdatural Resources, hereinaL-ter referred to as the
MoDNR.
WHEREAS , City has submitted a permit application for the
construction, operation and maintenance of a solid waste disposal
area to r9oDNR pursuant to the requirements of Sections 260. 200 to
260 . 2A5 , RSMo , the MISSOURI SOLID WASTE MANAGEMENT LAW
( hereinafter "Law" ) and the rules promulgated thereunder ; and
WHEREAS, pursuant to the f�iissouri Solid Waste Management
Rules, 10 CSR 80-2. 030( 3) (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 City for the operation of a solid waste
disposal area and in consideration of the mut,ual covenants
contained herein, P�oDNR and City hereby agree as follows :
l . 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 P�issouri to City upon failure of City to close or provide
post-closure care for the sold 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 P9oDNR 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 find.
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 P4oDNR 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 promul _qated 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 : '
(� ) 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 contract 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 r9oDNR.
8 . The parties hereto stipulate and agree that this Contract
of Obligation was prepared and executed in accordance with the
requirements of Chapter 260, Missouri Revised Statutes, as amended
in 1986 in Senate Bill 475 . A controversy exists as to the
validity and enforceability of the provisions of State law which
require this Contract of Obligation . It is agreed by and between
the parties that at such time as a Court of competent jurisdiction
enters a ruling that the Statute in question is invalid or
unenforceable for any reason, then, in that event, this Contract
shall be voidable at the option of the City of Cape Girardeau ,
Missouri . If the City of Cape Girardeau elects this option to
void this C�ntract, then the Contract shall be a nullity and
unenforceable from the date of its execution as though it had
never been executed . Any grant of authority or authorization
given to any person or agency by the City under the terms of this
Contract shall likewise be a nullity as though never given and
both parties shall be released from all obligations under this
Contract .
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals .
CITY OF CAPE GIRARDEAU, MISSOURI
Gary A. Eide, City Manager
ATTEST :
Date:
Alvin r7. Stoverink , City Clerk
MISSOURI DEPARTMENT OF NATURAL
RESOURCES
Director
Date :