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6.3 Agr Solid Waste Disposal CITY OF SALINA REQUEST FOR COMMI SS ION ACT ION DATE TI,ME , ,, 0~/08~95 ~: co P. M. AGENDA SECTION: ORIGI NATI NG DEPARTMENT: APPROVED FOR ND. 6 City Manager AGENDA: ITEM - NO. 3 BY: Dennis M. Kissinger BY: Item: Resolution No. 95-4868 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SOLID WASTE DISPOSAL INTERLOCAL AGREEMENT BETWEEN THE CITY OF SALINA AND MITCHELL COUNTY, KANSAI llaeagr. In June 1993, the City Commission adopted a Resolution establishing policy on acceptance of out-of-county solid waste at the city of Salina landfill (copy attached). The Commission established guidelines and authorized the City Manager to negotiate interlocal agreements with any of the counties in the North Central Kansas Regional Planning Commission (NCKRPC) area. An agreement has been finalized with Mitchell County (Beloit). The city of Salina landfill has adequate capacity and operating capability to accept the solid waste generated within Mitchell County in our region. Economies of scale make this an'angement cost-effective and in the best interest of Mitchell County and the city of Salina/Saline County. Actual annual Mitchell County tonnages disposed of in Saline County are expectedto be relatively small. There is an economic incentive for waste reduction in outlying counties prior to transfer to our landfill. In addition, some waste from the county may be disposed of in other allowable locations. After this agreement, Salina will be serving the regional counties of Cloud, Ottawa, Lincoln, Ellsworth, Republic and Mitchell. Recommended Action: Approve Resolution No. 95-4868 COMMISS 10N ACTION MOTION BY SECOND BY TO: SOLID WASTE DISPOSAL INTERLOCAL AGREEMENT This Solid Waste Disposal Interlocal Agreement is entered into pursuant to K.S.A. 12-2908 this 8th day of May, 1995, by and between the City of Salina, Kansas (the "City") and Mitchell County Kansas (the "County"). RECITALS A. The City owns and operates a solid waste disposal area known as the Salina Landfill and legally described as: Section Seven (7), Township Fifteen (15), Range Three (3) West of the 6th P.M. in Saline County, Kansas (the "Salina SWDA") B. The City has been designated as the Solid Waste Managemem Planning Authority for Saline County, Kansas by interlocal agreement with Saline County dated January 24, 1994, in accordance with K.S.A. 65-3405(b). C. Consistent with and in furtherance of the Kansas waste management policy set forth in K.S.A. 65-3401, the City in Resolution No. 93-4605 adopted June 7, 1993, expressed its desire to cooperate with counties in the North Central Kansas Regional Planning Commission CNCKRPC") area by providing a means for the disposal of waste generated in those counties in the Salina SWDA. D. Mitchell County desires to dispose municipal solid waste CMSW") generated in Mitchell County in the Salina SWDA. IN CONSIDERATION of the mutual promises and covenants set forth herein, the parties agree as follows: 1. Authorization. The City authorizes the Cotmty to dispose of MSW generated in the County by depositing such waste in the Salina SWDA pursuant to the terms and conditions of this Agreement. 2. Term. This Agreement shall be effective commencing June 5, 1995 and shall remain in effect until April 5, 1997, unless otherwise terminated as provided in this Agreemem. 3. Charges. The charges for disposal of MSW generated inMitchell 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"), plus a $2 per ton host county special charge. a. Beginning May 1, 1994. The parties acknowledge that the City's governing body has set a Base Rate of $16 per ton, effective May 1, 1994. Consequently, with the effective date of this agreement, Mitchell County MSW will be received by the Salina SWDA for a charge of $18 per ton ($16 Base Rate plus $2 special charge). b. Future changes. While the Base Rate may change during the term of this Agreement, the $2 per ton special charge shall remain the same throughout the term of this Agreement. For example, if the City's governing body increases the Base Rate by $1 per ton (to $17) effective January 1, 1996, the rate for Mitchell County MSW would be $19 per ton ($17 Base Rate plus $2 special charge). 4. Vehicle type. The charges outlined in paragraph 3 shall apply to all MSW generated in the County for disposal in the Salina SWDA, regardless of whether the MSW is delivered to the Salina SWDA by privately owned vehicle, commercial vehicle, or county vehicle. 5. Billing arrangement. At the written request of the County, the City shall provide the County with a monthly billing statement for charges incurred as a result of the disposal of MSW generated in Mitchell County delivered to the SWDA by haulers specified by the County in the written request. It shall be the responsibility of any other haulers delivering MSW generated in Mitchell 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. 6. Salina SWDA rules and regulations. Mitchell 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 Mitchell County MSW to the Salina SWDA 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 SWDA. Any party transmitting only Mitchell County MSW to the Salina SWDA shall be exempt from the City's permit requirement for disposal of waste originating outside Saline County. 7. Special Handling or Equipment. If the Mitchell County MSW requires special handling, equipment, or facilities not currently used in the City's operation of the Salina SWDA, the County shall be responsible for all costs associated with that special handling, equipment or facilities. The County and the City anticipate at this time that Mitchell County MSW will be transported to the Salina SWDA in the following types of vehicles: -2- 8. 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 Mitchell County MSW in the Salina SWDA 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 County agrees that the driver of the vehicle or his designee must attach the chain to the vehicle. 9. Household Hazardous Waste. Residents of Mitchell County will be permitted to deliver and dispose of Household Hazardous Waste CHHW") at the City's designated HHW drop- off site during its announced hours of operation. Any special collection effort in Mitchell County shall be the responsibility of the County, unless specific arrangements are made with the City to participate or to receive the collected HHW. 10. Authorized routes. Due to the potential number and weight of vehicles transporting MSW from NCKRPC area counties to the Salina SWDA 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 Mitchell County MSW to the Salina SWDA. 11. Environmental Oversight Committee. The County shall be entitled to have a representative on an Environmental Oversight Committee for the Salina SWDA. 12. 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. 13. Nonassignable. This Agreement and any rights granted herein shall not be assignable by either party. 14. 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 - Dennis M. Kissinger, City Manager County - Joleen Walker, County Clerk IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. -3- CITY OF SALINA, KANSAS By: John Divine, Mayor ATTEST: Judy D. Long, City Clerk MITCHELL COUNTY, KANSAS BOARD OF COMMISSIONERS John D. Peters William P. Bunger Lyle McPeak ATTEST: Joleen Walker, County Clerk -4-