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8.12 Agr Solid Waste Mgmt Comm CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 1[ 24 [ 94 4:00 P.M. AGENDA SECTION: Admi ni strati on ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: City Attorney ITEM: NO. 12 Greg Bengtson ..~ BY: BY: Item Resolution Number 94-4690 authorizing the Mayor to execute an agreement between the City of Salina, Kansas and Saline County, Kansas designating the City as the Solid Waste Management Planning Authority for Saline County and establishing the Solid Waste Management Committee. Background State law requires that every county of the state, or a designated city, submit a solid waste plan and create a solid waste management committee. The proposed interloeal agreement designates Salina as the Solid Waste Management Planning Authority for Saline County and establishes the Committee. K.S.A. 65-3405(e) provides that the committee shall (1) be responsible for preparing the solid waste plan, (2) review the plan at least annually, and (3) at least every five years, hold a public hearing on the plan and future solid waste management goals in the county. While the City will appoint all thirteen members of the committee, five of the appointments will be based upon nominations by the County. Recommendation Adopt Resolution Number 94-4690. COMMISSION ACTION MOTION BY SECOND BY THAT: SOLID WASTE MANAGEMENT INTERLOCAL AGREEMENT This Solid Waste Management Interlocal Agreement (hereinafter referred to as "AGREEMENT") is hereby entered into pursuant to K.S.A. 12-2908, this day of , 1994, by and between the City of Salina, Kansas, (hereinafter referred to as the "CITY"), and County of Saline, (hereinafter referred to as the "COUNTY"), WHEREAS, K.S.A. 65-3405 requires that each county of this state, or a designated city, shall submit to the Secretary a workable plan for the management of solid waste in such county; and, WHEREAS, K.S.A. 65-3405(b) further provides that a county, by interlocal agreement, may designate a city as the Solid Waste Management Planning Authority for the county; and, WHEREAS, the CITY and the COUNTY desire to enter into this AGREEMENT pursuant to K.S.A. 12-2908, and K.S.A. 65-3405(b), in order to allow the CITY to be designated as the Solid Waste Management Planning Authority for the COUNTY. NOW, THEREFORE, IT IS HEREBY AGREED by and between the CITY and COUNTY as follows: 1. Purpose. The purpose of this AGREEMENT is to clearly define the rights of both the CITY and the COUNTY as said rights pertain to their respective obligations to provide a workable plan for the management of solid waste in 1 Saline County. Effective , 1994, the CITY will be designated as the Solid Waste Management Planning Authority for the COUNTY in accordance with K.S.A. 65-3405(b). Each parties' respective rights and duties are more clearly defined below. 2. Duration. This AGREEMENT shall commence on the formal approval of this AGREEMENT by both parties and shall continue indefinitely until terminated as hereinafter provided. 3. Termination. Either party may terminate this AGREEMENT upon sixty (60) days' written notice. 4. Administration. Pursuant to K.S.A. 65-3405(b), the COUNTY and CITY hereby establish a Solid Waste Management Committee. Said committee shall meet the following requirements: a. Be responsible for the preparation of the solid waste management plan of the COUNTY or counties represented on the committee. b. Review the plan at least annually and submit any recommendations for revision to KDHE. c. Hold a public hearing on the plan and the future goals of solid waste management in the COUNTY are reached in at least every five (5) years. d. Comply with all obligations pursuant to K.S.A. 65-3401, et seq. The Solid Waste Management Committee shall be comprised of the following members: 2 a. Eight (8) members appointed by CITY. b. Three (3) members nominated by COUNTY from the unincorporated areas of the COUNTY. c. Two (2) members nominated by COUNTY representing third class cities. Members of the committee shall be appointed by the CITY in accordance with K.S.A. 65-3405(b). IN WITNESS WHEREOF, the parties have adopted a Resolution approving this AGREEMENT and authorizing its execution by their respective representatives. CITY OF SALINA By: Peter F. Brungardt, May6r ATTEST: By: Stephanie Krug Acting City Clerk COUNTY OF SALINE By: Gary Hindman, Chairman Board of County Commissioners ATTEST: By: Shirley J. Jacques Saline County Clerk