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Home My WebLink AboutO-1989-1639 e _ ORDINANCE NO. 1639 AN ORDINANCE APPROVING AND AUTHORIZING FIRST AMENDMENT TO SANITARY LANDFILL AGREEMENT WITH HAZELWOOD ENTERPRISES, INC.1 MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated1 and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 17th day of April, 1989. CITY OF LA PORTE BY ~LK~ Al to-n -E ~ Porter, Ma.yo~-iir-6- Tern ~-- ATTEST, ~ ~ ~ Cherie Black City Secretary APPROVED, ~ ~zJ ' Knox W. Askins City Attorney e e FIRST AMENDMENT TO THE AGREEMENT FOR OPERATION OF SANITARY LANDFILL By and Between CITY OF LA PORTE, TEXAS and HAZELWOOD EN~PRISES, INC. THE STATE OF TEXAS COUNTY OF HARRIS This First Amendment (" Amendment") to that certain Agreement for Operation of Sanitary Landfill between the City of La Porte, Texas, and Hazelwood Enterprises, Inc. dated October 1, 1986, is made by and between the same parties on the date hereinafter last specified. . WIT N E SSE T H WHEREAS, the City of La Porte, Texas ("City") and Hazelwood Enterprises, Inc. ("Contractor") did enter into an agreement for the operation of a Sanitary Landfill on October 1, 1986 ("Agreement"); and . WHEREAS, City and Contractor now desire to extend the term of the Agreement from four (4) years to nine (9) years, and to adjust the compensation contained therein; NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained, the parties 'hereto do h~rebY mutu~lly agree as follows ~ I Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Agreement. II Paragraph (2) of the Agreement is amended to read as follows: (2) TERM OF AGREEMENT: This Agreement shall be for a period of nine (9) years beginning October 1, 1986 and ending March 31, 1995. At the end of said nine year period, this Agreement may be renewed for an additional five (5) year period upon mutual written consent of both parties. The compensation and terms for such extension shall be the same as those contained herein, unless otherwise modified by mutual consent of both parties. The City guarantees that municipal solid waste collected by the City during the term of the contract will be disposed of at the Contractor's landfill site, provided that the Contractor is complying with the provisions of the contract. The City reserves the right to dispose of Type IV solid waste collected wi thin its corporate limits, and processed sewage sludge, by such other means as the City may determine. . (2) e The prOV1S10ns of Paragraph (3) of the Agreement are hereby repealed, a new Paragraph (3) is hereby inserted to read in its entirety as follows: (3) COMPENSATION TO CONTRACTOR: As full compensation to the Contractor for operation of the above referred to landfill by the Contractor, the City agrees to pay to. the Contractor in accordance with the following schedule: :---" 1st year of contract $3.25 per cubic yard for Solid Waste Disposal 1st year of contract $5.50 per cubic yard for Processed Sewage Sludge Dis. 2nd through 9th year $3.50 per cubic yard for of contract Solid Waste Disposal , 2nd through 9th year $6.00 per cubic yard for of contract Processed Sewage Sludge Dis. For tpe year beginning April 1, 1990, and on each subsequent year, the compensation described above shall be adjusted to recognize the effect of inflation between April 1, 1988, and the date of adjustment. The payment for each year beginning April 1, 1990, shall be $3.50 per cubic yard for solid waste (or $6.00 per cubic yard of processed sewage sludge) multiplied by a fraction, the denominator of which shall be 116.0, which was the February 1988 Consumer Price Index for all Urban Consumers (CPI-U), all items, U.S. City Average (1982-84=100), and the .. numerator of which shall be the CPI-U for all items, U.S. City average, as of the date of adjustment. Payment shall be based on the number of cubic yards of municipal solid waste delivered to Contractor under the terms of this Agreement, . it being further specifically understood and agreed by and between parties, with respect to the aforesaid compensation that the compensation to be paid will be based upon pre-determined refuse truck capacities which are agreed upon between the Contractor and the City. In the event Contractor and City are unable to reach a mutually acceptable agreement with regard to refuse truck capacities, the parties may request the determination of such agreement by a mutually acceptable arbitrator. Should ~he parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three-member arbitratiqn panel to decide the disagreement between the parties by the concurrence of a majority of such panel. Costs for such arbitration shall be borne equally by Contractor and City. . e (3) A. Time of Payment. The Contractor shall invoice the City monthly, invoices to be submitted as of the last day of each month, accompanied by tickets which are collected by Contractors as refuse trucks make deliveries, and shall include the last full week of each month. Invoices shall be paid by the City monthly. The City agrees to pay all properly submitted invoices within fifteen (15) days of receipt of same, less any sums retained to cover verified claims filed with the Finance Director, due to or arising out of the contract. B. Materials to be Disposed. Contractor shall accept for disposal residential and commercial solid waste generated in the City of La Porte including that collected by private haulers and that is brought to the landfill by private citizens and shall make a reasonable charge for disposal therefore, which charge shall bear a reasonable relationship to the charges made to the City hereunder. . Paragraph (6), ASSIGNMENT OF CONTRACT, shall be amended to hereafter read as follows: "( 6) ASSIGNMENT OF CONTRACT. It is agreed that, after execution of this contract for the within sanitary landfill, this contract may be assigned by the City to a corporation or person (franchisee) which shall franchised to collect residential municipal waste within the City of La Porte, or to a corporation or person (franchisee) which shall be franchised to transport residential municipal waste collected within the City or La Porte, to Contractor. The City shall, however, remain fully liable and responsible for undertakings, agreement, and obligations herein provided to be performed by the City." Except and to the extent modified Agreement, the Agreement or October 1, of La Porte and Hazelwood Enterprises, full force and effect. and amended by this 1986, between the City Inc., shall remain in . (4) e I IN WITNESS WHEREOF, the City has caused this contract to be executed in its name by its City Manager, and its official seal to be hereunto affixed and attested by its City Secretary, the City hereby warranting same to be duly authorized by the proper and valid act of the City Council of the City, and the Contractor has' caused this Agreement to be executed by its President, and its corporate seal to be hereunto affixed and attested by its Secretary, the Contractor hereby warranting same to be duly authorized by the proper and valid, act of the Board of Directors of the Contractor. EXECUTED in several duplicate originals,-_the_ date first above written. ,,"\\\\\\' , ." " I I \\ ,.., \\1" .. pll) ......\,. \ )""", 0,,1,/ .:' '- '" .) I). /,/ \ .1. '" ... " , ,/ (\ II ;/ ), (\ " C 'I :? " , '1'1 ,. ) J '\ } l,: .". I / ~. ( ~~ ~ '; (;~~ : ' Z . I,' . 1 .l" " / " '. ~l ".. yo . . 'I',)" ,'( "1';0;;>/ :') 1 , , , , , "" \1.. I"~, II /,1" II :\ \ \ , \\\\'''' -... . . ' ATTEST : """............. CITY OF LA PORTE By:G~ ~ ~ City Manager ~~a~/ City Secretary HAZELWOOD ENTERPRISES, INC. ATTEST: (.fs:~-g~~ trr sident' J