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HomeMy WebLinkAbout690189.tiffRESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has long been concerned with the problem of solid and/or liquid waste disposal in Weld County, and WHEREAS, Weld County is obligated to bring the whole county into compliance with the law, so as to promote the health, safety, prosperity, security and general welfare of the inhabitants of Weld County, and WHEREAS, there presently is no solid and/or liquid waste management system in Weld County, providing for the location, regulation, collection, storage and/or disposal of waste, and WHEREAS, the cost to establish a solid and/or liquid waste disposal system in Weld County is so great that same cannot be considered or justified at the present time, and WHEREAS, there is an immediate need for a solid and/or liquid disposal system in Weld County, and WHEREAS, Weld County Landfill, Inc., a Colorado corporation, is agreeable to provide and operate certain dumps in Weld County, in accordance with Agreement, a copy of which is attached herewith, and WHEREAS, it is desirous and in the best interest of Weld County, that its inhabitants be provided access to certain certified dumps in Weld County, in order that all solid and/or liquid waste shall be properly disposed of. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Weld County, Colorado, that said Agreement with Weld County Landfill, Inc., a copy of which is attached hereto and made a part hereof by reference, be, and it hereby is approved. BE IT FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute the Agreement as submitted, and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote, on the 16TH day of July, 1969. ATTEST: CLERK OFLTHE BOARD AffiRFOMED AS T FORM: TY TTOR EY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO PL0633 690189 SANITARY LANDFILL CONTRACT THIS AGREEMENT, made and entered into, this /c day of July, 1969, by and between WELD COUNTY, COLORADO, hereinafter referred to as "County," and WELD COUNTY LANDFILL, INC., a Colorado corporation, hereinafter referred to as "Landfill," W I T N E S S E T H: For and in consideration of the agreements hereinafter set forth, the parties hereto mutually agree, as follows: Landfill shall operate and maintain various dumps throughout Weld County, at areas designated by the Weld County Health Department, and will be the only dump operator certified to operate dumps in said county; and further Landfill will operate these dumps in Weld County, beginning July 1, 1969, and extending for a period of five (5) consecutive years, under the following terms and conditions, to -wit: 1. The present city dump location near the South Platte River shall be covered to land owners' satisfaction by the City of Greeley, before Landfill takes over. Thereafter, Landfill will maintain the said dump in accordance with the health standards of the State of Colorado, and Weld County. 2. All dumps certified and operated by Landfill will be fenced in. Various signs pertaining to warnings, directions, etc., as needed, will be supplied by the County Sign Department. All other signs displaying dumping fees, etc., will be furnished by Landfill. 3. The operation of the dumps will be in accordance with accepted standards for sanitary landfills, and pursuant to all State and County health regulations. 4. All salvage resulting from the operation of the dumps shall be the property of Landfill. 5. Landfill will receive all waste, solid and/or liquid, on a fee basis, and said charges to the public for dumping privileges at all dumps, shall be as follows: Small amounts, brought in cars, . . each car $ . 50 Station wagons, each $ . 75 Pickup trucks with normal beds or small trailers, each dumping $ 1.00 Large, beet bed type trucks, level full, each dumping $ 2.00 Compactor, disposal trucks per cu. yd. $ . 60 Dead animals: Sheep or equivalent each $ 1.00 Cows or horses each $ 5.00 Yearlings each $ 2.50 Car bodies and old automobiles, each $ 5. 00 Trees per ton $ 1.00 Branches, same as beet bed truck $ 2.00 Old furniture, stoves, refrigerators, etc., each Liquid waste from septic tanks,. . . per load $ 1.00 $ 5.00 6. If Landfill or County desires to re -negotiate the rates or payments as set forth herein, it may do so, annually, by review of the books of Landfill, at least thirty (30) days before the anniversary date of this agreement. If negotiations are not successful, either party may terminate this agreement by giving the other party sixty (60) days written notice, certified mail, return receipt requested, of its intentions to do so. 7. Commercial trash haulers with established credit will be allowed to dump on a thirty -day basis, but will be required to sign a ticket with the dump boss when each dump is made. 8. All commercial haulers will be required to be paid up by the tenth of the month following billing. In the event of default in the Page -2- payment as required, said commercial hauler, or haulers, will be suspended from dumping at any certified dump of Landfill. _9. Full and accurate books of account for each dump shall be kept at the general office of Landfill, and shall be open for inspection by the County at any reasonable time. 10. So long as Landfill shall operate its certified dumps in accordance with this agreement, County shall guarantee a gross revenue of Five Thousand ($5,000.00) Dollars per dump so certified; however, only after a complete audit of the books of Landfill by the County Auditor. Any such payment, or payments, made by the County shall be done immediately after July 1st of each anniversary year of operation of each dump so certified, or as soon thereafter as is practicable. 11. In the event Landfill is in violation of any of the provisions of this agreement, the County shall deliver written notice, by certified mail, return receipt requested, addressed to Weld County Landfill, Inc., P. O. Box 4176, Evans, Colorado 80620, and Weld County Landfill, Inc., shall thereafter have fifteen (15) days to comply with the agreement. If compliance is not made within said fifteen (15) days, the County shall have the option to terminate this agreement. 12. In the event the County, in its sole discretion, determines, after a public hearing, that Landfill is not operating its dump, or dumps, in the best interest of the public health and safety based upon the standards and regulations of the State of Colorado and the County of Weld, this agreement may be cancelled, Page -3- at the option of the County, upon the sending of a sixty (60) days written notice of said findings to Weld County Landfill, Inc., certified mail, return receipt requested, listing the standards to be met. If Landfill does not so meet said standards by the end of such sixty (60) days, this agreement shall be terminated and at an end. 13. Landfill shall furnish the County a certificate evidencing that it has in force insurance with the following minimum per person amounts: $ 100,000.00 liability% $ 300,000.00 per accident, and $ 25,000.00 property damage, for the period of this agreement. In addition, to assure prosecution of the within contract, a performance bond in the amount of $50, 000.00, guaranteeing that Landfill will meet the requirements of the contract, will be furnished. 14. Landfill shall not assign this agreement, without the prior written consent of the County. 15. This agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Clerk of the Board API' ED AS FORM: County Attorney ATTEST: 0,cte Its Secretary Cite' ;W 7 A: sell,(! -r-�iU i WELD COUNTY LANDFILL, INC. BY LS+( *-/.a/ Its Pre ident Page -4- Hello