HomeMy WebLinkAbout08-67FEBRUARY 26, 2008 08 -67 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
AS AMENDED
PURPOSE: APPROVE EXTENSION OF 1993 COUNTY /MUNICIPAL
RECYCLING AGREEMENT
INITIATED BY: COMMUNITY DEVELOPMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Extension of 1993 County /Municipal Recycling Agreement is hereby approved and the
proper City officials are hereby authorized to execute and deliver the agreement in
substantially the same form as attached hereto, any changes in the execution copy being
deemed approved by their respective signatures, and said City officials are authorized and
directed to take those steps necessary to implement the terms and conditions of the
Agreement.
APPROVAL OF THE RESOLUTION DOES NOT INDICATE OR IMPLY COUNCIL
SUPPORT OF SINGLE STREAM RECYCLING AT THIS TIME
EXTENSION
OF
1993 COUNTY/MUNICIPAL RECYCLING AGREEMENT
THIS EXTENSION to the County/Municipal Recycling Agreement described below, is
made effective January 1, 2008.
WHEREAS, Winnebago County (the "County") and the',Fewege /City (strike two)
of (insert in name of municipality) (the
"Signing Municipality") entered into that certain County/Municipal Recycling Agreement on the
day of ,1993 (the "Agreement"); and
WHEREAS, the County, by virtue of that certain Assignment of 1993
County/Municipal Agreements executed December 13, 2007, has assigned all of its right title and
interest in and to the Agreement to the Winnebago County Solid Waste Management Board (the
"Solid Waste Board "); and
WHEREAS, the Solid Waste Board and the Signing Municipality are collectively called
"the Parties" herein; and
WHEREAS, it now appears desirable to extend such Agreement and to update
references to various sections of the Wisconsin Statutes; and
WHEREAS, the Agreement in ARTICLE III TERM AND RENEWAL, Section C.
Renewal stated, "Renewal of this Agreement shall be by mutual written consent of each party
after December 31, 2007."
NOW, THEREFORE, in consideration of the above premises and - the mutual covenants
of the Parties, the Signing Municipality and the Solid Waste Board, as assignee of the County, do
agree as set forth below:
1. The Agreement is extended for one (1) year through December 31, 2008 while the
Solid Waste Board concludes evaluation, approval attainment and implementation of a single
stream recycling processing system.
2. Many of the statutory provisions referred to in the Agreement have been renumbered
since the execution of the Agreement. The following statutory references in the 1993 Agreement
are updated to their corresponding sections of then Wisconsin Statutes 2005 -2006 and amended to
read as follows:
Page of Agreement 1993 Reference Renumbered Reference
1 § 66.30 § 66.0301
2 e § 59.07 (135) § 59.70 (2)
7 § 159.09 § 287.09
10 and 11 § 159.07 (3) and (4) § 287.07 (3) and (4)
11 § 159.05 (12) § 287.05 (12)
11 Chapter 159 Chapter 287
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Solid Waste Board and the Signing Municipality
have executed this Extension as of January 1, 2008.
WINNEBAGO COUNTY SOLID WASTE
MANAGEMENT BOARD
Date: By:
Patrick O'Brien, Chairman
Dater BY:
John M. Rabe, Director of Solid Waste
2