HomeMy WebLinkAbout910042.tiff RESOLUTION
RE: APPROVAL OF FINANCIAL ASSURANCE AGREEMENT BETWEEN R.E.C.O.A. , INC. , MCMILL,
INC. , AND WELD COUNTY FOR REMOVAL OF TIRES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant
to Colorado statute and the Weld County Home Rule Charter, is vested with the
authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the County Attorney has presented to the Board a Financial Assurance
Agreement for Removal of Tires at the Eaton Landfill, and
WHEREAS, after study and review, the Board deems it advisable to approve said
Agreement, with conditions as stated in the Agreement, a copy of which is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, the the Financial Assurance Agreement between R.E.C.O.A. , Inc . ,
McMill, Inc. , and Weld County be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 9th day of January, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Lill ///�c!-/A. i WELD COU OLORADO
/I/ t/ w4ccin
Weld County Clerk to the Board •
//�/// _ Gor acy, irman
/ / t� 1 r
By. �2` � iL� �-r
eputy Clerk to the Board __--- George Kennedy, Pro-Ten
APPROVED AS TO FORM: az ycr-11-Y `
—� _i
Constance Harbert
(73f
4 ��=1 - ... Gi�� i[Le
County Attorney f.
C. W. Kirby 7eJ//
Q."".Q-6s WV
W. H. Webster
PL0114
910042
.! ,1 l
HEARING CERTIFICATION
DOCKET N0. 90-51
RE: RECONSIDERATION OF REQUIREMENTS SET AT SHOW CAUSE HEARING FOR
REVOCATION OF CERTIFICATE OF DESIGNATION, -- EATON LANDFILL/MCMILL,
INC.
A public hearing was conducted on January 7, 1991, at 9 :00 A.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
The following business was transacted:
I hereby certify that pursuant to a notice dated December 10, 1990, and
duly published December 20, 1990, in The New News, a public hearing was
conducted to reconsider the requirements set at a Show Cause Hearing for
Revocation of Certificate of Designation for Eaton Landfill/McMill, Inc.
Lee Morrison, Assistant County Attorney, made this matter of record, and
gave a brief explanation of previous Board action on this matter. Tom
Hellerich, Attorney representing Eaton Landfill/McMill, Inc. , made
comments on this matter. He has just received a copy of the proposed
agreement, and sees no apparent problems with it. The $4,500 Certificate
of Deposit has been put in place. They are requesting the full 12 month
period, dating from today, for removal of the tires. Mr. Morrison
affirmed that Farmers National Bank called and indicated they are setting
up the Certificate of Deposit in the Board of County Commissioners' name,
and the interest will accumulate to that account. This would be to the
Board' s benefit if they have to execute on the Certificate. The Agreement
is that if the tires are not gone within a year, the Board can cash the
Certificate and use that money to remove the tires or negate any impacts
the tires may have caused. The Board cannot use these funds for any other
purposes. The Board also would not be obligated to spend more than what
was in that fund. The Board would have other remedies if the expense
exceeded this amount. Commissioner Kennedy asked what R.E.C.O.A, stood
for. Mr. Hellerich stated it is the Recycling Corporation of America.
There was no public testimony concerning this matter. Commissioner
Kennedy moved to accept the amount of $4,500 for security and the tires
are to be removed within one year from today' s date. Seconded by
Commissioner Harbert, the motion carried unanimously.
This Certification was approved on the 9th day of January, 1991.
APPROVED:
W/1 /
ATTEST: ,7n;�,/ ` 444. 2/7 BOARD OF COUNTY COMMISSIONERS
�I WELD COU LO 0
Weld County Clerk to the Board
, Cord acy, an
/Y iiii l/J l�
Jy_
Deputy Clerk to the Boaml Geoorr e Kennedy, Pro-Tem
74-725- 7/...1_, X(1/4.46,-,
Constance L. Harbert
TAPE #91-01 "�/-1c-"
C. W. Kirby
DOCKET x/90-51 ,�{ � J i v ex.)_ 9 JJ 7i
PL0114 W. H. Webster
Ci I00-1 Z
FINANCIAL ASSURANCE AGREEMENT FOR REMOVAL OF .TIRES
THIS AGREEMENT is made the 9th day of January, 1991 , between
McMILL, INC. , and R.E.C.O.A. , INC. , and THE, WELD COUNTY BOARD OF
COUNTY COMMISSIONERS.
WHEREAS, McMill holds a Certificate of Designation which
authorizes McMill to operate a solid waste disposal site and
facility located in Weld County, Colorado, which is due to expire
by Resolution of this Board on the 7th day of January, 1991 , as
described in the Resolutions of December 10 , 1990 , and November
28 , 1990.
WHEREAS, a condition of the extension of time to operate
under the Certificate of Designation, Resolution of November 8 ,
1998 , was that the tires stored on part of the Southeast } of
Section 21 , Township 7 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, be removed within a time certain, June 30 , 1990 ,
which condition was not timely met, and
WHEREAS, as a condition not to revoke the Certificate of
Designation for failure to perform the conditions attached to the
Certificate at the time of transfer of ownership, McMill, as
operator of the landfill, and R.E.C.O.A. , Inc. , as owner of
certain tires located in the vicinity of the landfill, have agreed
to post financial guarantees in the amount of $4 ,500 . 00 in the
form of a Certificate of Deposit in the name of the Board of
County Commissioners of Weld County, Colorado, to insure
performance of the conditions, and
WHEREAS, R.E.C.O.A. and McMill, Inc. , indicate that they will
guarantee that the tires are to be removed by January 7 , 1992 .
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein and for other good and valuable
consideration, the parties agree as follows:
1 . The tires located generally north and east of what is
known as the "south fill area of the landfill" generally described
as part of the Southeast i of Section 21 , Township 7 North, Range
65 West of the 6th P.M. , Weld County, Colorado, will be removed
from the property and used, recycled, or disposed of in accordance
with applicable state and county regulations in their entirety by
January 7 , 1992. , by R.E.C.O.A. or McMill, or someone under their
direction and control and at no expense to the County.
2 . McMill and/or R.E.C.O.A. shall provide the Board of
County Commissioners with a Certificate of Deposit at a Federally
Insured Bank or Savings and Loan in the name of the Board of
County Commissioners in the amount of $4 ,500 .00 . The Certificate
shall not be cashed, cancelled, revoked, or otherwise amended in
any fashion except by the express direction of the Board of County
Page 1 of 4 Pages
C 1001/44 1�
Commissioners, as indicated by a certified copy of the Resolution
of the Board accompanying this Agreement adopted at a public
meeting and presented to the issuer of the Certificate of Deposit.
Said Resolution shall authorize the Chairman or Chairman Pro-Tem
to execute on behalf of the Board any documents required to be
executed by the issuer of the Certificate. All interest income
earned on the Certificate shall be credited to the Certificate.
3 . If it appears, that all of the tires have not been
removed from the site specified in this Agreement by January 7 ,
1992 , the Board of County Commissioners may, at their sole
discretion, declare R.E.C.O.A. , Inc. , and McMill, Inc. , in default
and, after five (5) days ' notice to the parties, proceed in a
public meeting to declare the forfeiture of the Certificate of
Deposit, and direct that the funds be paid over into the General
Fund to be used for the purpose of removing the tires from the
property and mitigating any other impacts associated with the
tires remaining on the property.
4 . Weld County may not use the funds and interest from the
Certificate of Deposit for any purpose other than removal of the
tires and mitigation of the impact caused by the presence of the
tires but shall not, by this Agreement, be obligated to spend more
than the amount in the Certificate of Deposit at the time of
default to remove the tires and mitigate the impacts.
5 . The rights under this Agreement shall be in addition to
any other remedies available under law.
6 . Limited right of access to funds by R.E.C.O.A. , Inc. , or
McMill, Inc.
a. The Certificate of Deposit described in this
Agreement is being provided in accordance with the
County' s Certificate of Designation requirements
and is intended to insure performance of McMill and
R.E.C.O.A. ' s duties as to removal and closure of
the tire storage activity at the disposal site and
to protect the public interest. As such, neither
McMill or R.E.C.O.A. retains any rights to the
principal or proceeds of the Certificate of Deposit
except as has been specified in this Agreement.
b. In the event of bankruptcy, R.E.C.O.A. and McMill
warrant that the Certificate of Deposit shall never
be considered a claim by them as being property of
any bankruptcy estate under 11 U.S.C. 5541 .
Further, McMill and R.E.C.O.A, agree that the
Certificate of Deposit shall not be the subject of
any attachment, lien, levy, execution, garnishment,
or assignment by, for, or on behalf of an creditor
of R.E.C.O.A. or McMill.
Page 2 of 4 Pages
ett00C/ 2_
c, In the event of, and during the pendency of
bankruptcy, McMill and R.E.C.O.A. agree that the
Board of County Commissioners shall be deemed to
have fully performed its obligation under this
Agreement and shall no longer be obligated under
provision of this Agreement to authorize the
release of any of the funds to R.E.C.O.A, or
McMill. Therefore, R.E.C.O.A, and McMill agree
that this Agreement shall not be considered a claim
to be an executory contract under 11 U.S.C. §365
and will themselves assert no right or claims
against the Certificate of Deposit contrary to this
Agreement.
d. McMill or R.E.C.O.A, shall notify the Board of
County Commissioners of the commencement of
voluntary or involuntary proceeding on bankruptcy,
whether or not R.E.C.O.A. or McMill is named as
Debtor, within ten (10) days after commencement of
the proceedings.
7 . All covenants and agreements contained in this Agreement
by or on behalf of any of the parties hereto will bind the
successors and assigns of the parties hereto whether so expressed
or not.
8 . This Agreement shall governed under the laws of the
State of Colorado.
9 . This Agreement constitutes the entire agreement of the
parties hereto. No alteration, amendment, modification, or waiver
of any term or provision hereof shall be valid unless the same is
set forth in writing and signed by the parties.
10. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their
officers or employees may possess nor shall any portion of this
Agreement be deemed to create a duty of care or third party
beneficiaries rights with respect to any persons or entities not a
party to this Agreement.
11 . Notices. All notices will be in writing and will be
deemed to have been given when delivered personally or by courier
with a signed proof of receipt or placed in the U. S. mail by
means of certified or registered mail, return receipt requested,
and postage prepaid to recipient. Such notices, demands , and
other communications shall be sent to each party at the address as
indicated:
Board of County Commissioners of Weld County, Colorado
P. O. Box 758
Greeley, CO 80632
Page 3 of 4 Pages
�'1 tOvq- Z
and
McMill, Inc.
20700 WCR 78
Eaton, CO 80615
and
R.E.C.O.A. , Inc.
c/o Dinner, Hellerich & Lazar
Suite 630
Greeley National Bank Plaza
Greeley, CO 80631
12 . If, prior to January 7, 1992 , R.E.C.O.A. or McMill have
removed all of the tires from the site, they shall request an
inspection by the Weld County Health Department. Upon issuance of
an opinion by the Weld County Health Department that there has
been substantial compliance with this Agreement and the terms of
the Resolutions of the Board of County Commissioners of November
8 , 1989 , the matter shall be considered at the next available
regularly scheduled Board of County Commissioner meeting at which
time the Board shall consider the recommendation of the Weld
County Board of Health and any evidence profered by McMill or
R.E.C.O.A. or any other interested party with respect to whether
there has been substantial compliance and upon a finding that
there has been substantial compliance direct that the funds held
in the Certificate of Designation be paid over to R.E.C.O.A.
DATED this � ---day of ;1-a—i2t.c.e�t� , 1991 .
vot_teft BOARD OF COUNTY COMMISSIONERS
A WELD COUNTY, LO DO
ATTEST: y b.
Weld County Clerk to the Board By:
By. -� / L s Lf" ryc E cy, Chairman
Deputy Clerk t the Board
ATTEST: R.E.C.O.A. �y
By: La;//� ,,/G/� '
12,4:41 �i7(-edu.E' „7-
Title
ATTEST: McMILL, INCA I ^
By: 6 7.4 2f�). !Icl
177 , 9-) �/��7-Y:4-' -
Title 7
Page 4 of 4 Pages
q 1OOq-Z
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the matter are requested
to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped
record which will be kept during the hearing, the Clerk to the Board's
Office shall be advised in writing of such action at least five days prior
to the hearing. The cost of engaging a court reporter shall be borne by the
requesting party.
BE IT ALSO KNOWN that the text and maps may be examined in the office of the
Clerk to the Board of County Commissioners, located in the weld County
Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 90-51 Eaton Landfill/McMill, Inc.
c/o Thomas Hellerich
630 Greeley National Plaza
Greeley, Colorado 80631
DATE: January 7, 1991
TIME: 9:00 A.M.
REQUEST: Hearing to reconsider requirements set at Show Cause Hearing for
revocation of Certificate of Designation, issued to Eaton
Landfill/McMill, Inc.
LEGAL DESCRIPTION: Part of the SEI of Section 21, Township 7 North, Range
65 West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not to accept a certificate of deposit in the
amount of $4,500.00 instead of $6,000.00, and allow twelve
months from the date of a signed agreement between the County
and R.E.C.O.A, to remove tires stored on said property.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly Miller, Deputy
DATED: December 10, 1990
PUBLISHED: December 20, 1990, in The New News
•
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
David B. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County
and has been continously and NOTICE
uninterruptedly published therein, Pursuant to the soiling laws ofihc
o and the
during a period of at least
scounthearin)ofyoCnoinloawiuraapou
fifty—two consecutive weeks prior to Chai.,�a4-4he heW in `�
the first bbor dafr�r
Conmw+s,oWel of nt) Count)
publication of the annexed Center, , Weld Count)St Ce•atLI
notice; that said newspaper is a Center,Greeley,1, sradot,
Ftoor, G ified., Colorado, at the
newspaper within the meaning of the tnrc apecHiod. -AB pcnrearrecale a4)
are"nequemst1eedrCatodattmcnd d n`�1
act of the General Assembly of the be hoard.
State of Colorado, entitled "An Act
icsted ha ra '" file
presence. of a co rt reporter to
to regulate the printing of legal hake a record of tte proc rat elegy
notices and advertisements, " and uh cha wW `o `p tapde�dl"g �°
froYnng, the x advised
the Boards
amendments thereto; that the notice Gf[iee Shea x ant aoa m arnma
of which the annexed is a printed °trtor tithe tearing asTne cos=o[
e„ggga,ya ronrl ortcr shall be
copy taken from said newspaper, was borne W file regF°rt)`
BE TT ALSO 1CN that.ahrce
published in said newspaper, and in text aria nafa n1aa) ccas�nurcd
in the °lee a theCoCnimikss�i1eonets
the regular and entire issue of soars of count)'
located la the. Wetd Coum).
every number thereof , Centennial Center 915 10th Strecll,
Tturd Floor Greece)',Colorado.
DOCKET NO.90.51 Eatw,
p�;aL1C�AhT:. lac
., c/o T1ionu,c
once a week for W NetdW,
HeRwrbh,. 635 Greeay \atb,ul
successive weeks= that said notice PI= Grade),Colw'aao 80631
DA T? dannar 7,ie91
was so published in said newspaper Tilt 9:9a H. 1�� ereconsider
proper and not in an supplement �Q '
Y PP REgrequli ST: set e� Showt. Canso
ot
thereof , and that the first CCeerrtifcate ofr�uan �"eu
publication of said notice as 1ogm/440(
EGpA kala"aR P lleON: pen of
the SEl/4 ol.Section 21,Tounsta
aforesaid, was on the 7 Korth panne 85 weal of the 6tK
P.M. Nteld jaunty,Colorado
Ct Lt 1, r or not to
day of -04-c- , 19 (3 0 , uw amow`ttaa 24 500.00 to i
86000.00 and AO tueke months
from. the date of a signed
1 agrcen t between the Count)
and the last on the 2,0 day of .na R "c.o.A. W remove arcs
Dstored onsatd Gtme t6 0hE
Q'C , 19 ` WELD COUNTY,COwL2R_
BY: DONALD D.WARDEN
WELD CAUNTyTHE BOARD
BY: Shell)'hlilier Deput>
DATED: December lo,1990
PUBLISHED:, December 30, 1660
in The Ne_ u Nells. _----
Subscribed and sworn to before
me this day of ,
19 7.1`::-‘2F.0 r t AND A, En, OR
FIRM
;tc o BEFORE ME N THE
CC NTy OBE,,„,,,, �,S : : nE COLORADO
TO S <rH• , CE,__ _i 1/4•44� l9,,
.:1 ; .
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