2002 Agr Solid Waste DisposalSOLID WASTE DISPOSAL
INTERLOCAL AGREEMENT
This Solid Waste Disposal Intedocal Agreement is entered into pursuant to K.S.A. 12-2908
this I~'~ay of i~,¥ ,2002, by and between THE CITY OF SALINA, KANSAS (the
"City") and MCPHERSON AREA SOLID WASTE UTILITY ("MASWU").
Recitals
A. The City owns and operates a solid waste disposal area known as the Salina
Municipal Solid Waste Landfill Facility ("MSWLF") and legally described as:
Section Seven (7), Township Fifteen (15) South, Range Three (3) West of the
6th P.M. in Saline County, Kansas.
The City has been designated as the Solid Waste Management Planning
Authority for Saline County, Kansas by intedocal agreement with Saline County
dated January 24, 1994, in accordance with K.S.A. 65-3405(b).
Consistent with and in furtherance of the Kansas waste management policy set
forth in K.S.A. 65-3401, the City in Resolution No.00-5606 adopted June 5,
2000, expressed its desire to establish certain general policy guidelines to be
used in consideration of acceptance, at the Salina MSWLF, of municipal solid
waste ("MSW") generated outside of Saline County, but within the City's Pdmary
and Secondary Trade Areas.
D. MASWU desires to dispose MSW generated in McPherson County in the Salina
MSWLF.
IN CONSIDERATION of the mutual promises and covenants set forth herein, the parties
agree as follows:
Authorization. The City authorizes the MASWU to dispose of MSW
generated in McPherson County by depositing such waste in the Salina
MSWLF pursuant to the terms and conditions of this Agreement.
Term. This Agreement shall be effective commencing June 1, 2002.., and
shall remain in effect for a term of three (3) years until June 1, 2005, unless
otherwise terminated as provided in this Agreement.
Charges. The charges for disposal of MSW generated in McPherson
County shall be based upon the regular rates charged to Saline County
residents, as those charges may be amended from time to time by resolution
of the City's governing body (the "Base Rate").
Billing Agreement. The City shall provide the MASWU with a monthly billing
statement for charges incurred as a result of the disposal of MSW generated
in McPherson County delivered to the Salina MSWLF by haulers specified
by the MASWU in the written request. It shall be the responsibility of any
other haulers delivering MSW generated in McPherson County to arrange for
payment of the applicable charges with the City. In either case the charges
shall be payable according to terms established by the City's Department of
Finance.
10.
11.
Salina MSWLF Rules and Regulations. McPherson County MSW shall be
handled in the same manner and subject to the same ordinances, rules and
regulations as apply to Saline County MSW. Any party transporting
McPherson County MSW to the Salina MSWLF for disposal pursuant to this
Agreement shall be deemed to have submitted to the City's jurisdiction for
purposes of enforcement of the City's ordinances, rules and regulations
relating to the disposal of solid waste in the Salina MSWLF. Any party
transmitting only McPherson County MSW to the Salina MSWLF shall be
exempt from the City's permit requirement for disposal of waste.
Special Handling or Equipment. If the McPherson County MSW requires
special handling, equipment, or facilities not currently used in the City's
operation of the Salina MSWLF, the MASWU shall be responsible for all
costs associated with that special handling, equipment or facilities.
Removal of Stuck Vehicles. The City agrees to provide upon request and
free of charge a chain and tow for any vehicle that becomes stuck or mired
while disposing of McPherson County MSW in the Salina MSWLF if the
owner of the vehicle has on file with the City a property damage release on
a form provided by the City. If a tow is requested, the MASWU agrees that
the driver of the vehicle or his designee must attach the chain to the vehicle.
Authorized Routes. Due to the potential number and weight of vehicles
transporting MSW to the Salina MSWLF and their impact on road
maintenance and safety, the City, in conjunction with Saline County, will
designate authorized routes within Saline County for those vehicles
transporting McPherson County MSW to the Salina MSWLF.
Default. In the event either party fails to perform any of the promises and
covenants under this Agreement, the non-defaulting party shall give written
notice of the default to the other party specifying the nature of the default.
If such default remains uncured for ten (10) days after delivery of the notice
specifying the nature of the default, this Agreement shall terminate at the
sole option of the non-defaulting party.
Nonassignable. This Agreement and any rights granted herein shall not be
assignable by either party.
Administration. The following person or that person's designee shall be
responsible for all aspects of the administration and interpretation of this
Agreement on behalf of the respective party:
city
MASWU
- Dennis M. Kissinger, City Manager
- Bill Ridge, General Manager
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
CITY OF SALINA, KANSAS
By:
I~r~tin M. Se~to',~a~r' -
Lieu Ann Nicola, City Clerk
MCPHERSON AREA SOLID WASTE UTILITY
BOARD OF DIRECTORS
ATTEST:
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