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BE IT RE�OLVED by the Coznmon Caur��il. �f the City o� O�rikosh
that the proper Cit.��� o�f�cials are hereby autho�ized and directed
to enter into the appropriate agreement betweeri the Glinnebago County
Solid Waste Management Board and the City of 4shkosh for safe and
sanitary disposal of garbage and solid waste.
{ATTACHI�IENT )
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RE: MUNICIPAL USE APID SUPPORT OF
�, WINNEBAGO COUNTY SOLID WASTE
MANAGEMENT SYSTE2Q
� (MUNICIPAL AGREEMENT)
A G R E E M E N T �
THIS AGREEMENT, made and entered into by and between the Winnebago County Solid
Waste Management Board, hereinafter called "BOARD", and of ,
a municipal corporation ozganized and existing pursuant to the laws of the State of
Wisconsin, hereinafter called "MUNICIPALITY".
WITNESSETH:
WSEREAS, some provision must be made for the safe and sanitary disposal.of
garbage and solid waste both now and in the future; and
WHEREAS, it is found that due to the high fixed costs of an environmentally
satisfactory solid waste disposal method, there is a lower cost per person if the costs of
a single solid waste management system can be spread over the population of a number of
cities and towns; and
�, WHEREAS, the Board is willing and able to design, construct, operate and maintain
ir. an environmentally satisfactory, efficient and economical high capacity solid waste manage-
�
ment system, hereinafter called "SYSTEM", if a sufficient number of jurisdictions are
committed to its use and support; and
�:
WHEREAS, the Municipality has considered the System proposed by the Board and
� finds that the said System will afford the citizens of the Municipality a safe, sanitary
and environmentally desirable means for the disposal of garbage and solid waste.
�� . NOW, THEREFORE, the Board and the Municipality hereto have and do hereby covenant
�
and agree as follows:
BASIC INTENT AND PURPOSE
SECTION 1.
The Board shall, subject to terms, provisions and conditions hereinafter set out and
in accordance with the procedures and provisions hereinafter made and declared,
maintain a safe, sanitary and environmentally satisfactory System, and for and by such
System, accept and dispose of all garbage and solid waste of the Municipality during
the period commencing the date of this agreement and ending June 30, 1986.
� SECTION 2.
The Municipality shall, subject to terms, provisions and conditions hereinafter set
� out and in accordance with the procedures and provisions hereinafter made and declared,
use and support the System by providing for the disposal of all garbage and solid waste
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of the Municipality by means of the System and, to the lawful extent of its powers,
allow or permit no other means except as hereinafter provided; and pay as its share
of the cost of the System, such amount as is determined by the Board pursuant to
SECTION 3 of this agreement. �
For purposes of this agreement, the Municipality may exclude those materials which
are included as part of a recycling effort within the Municipality or that which is
disposed of as fuel.
METHOD OF PAYMENT
SECTION 3.
The Board agrees to determine a per ton rate for the disposal of all the Municipality's
garbaqe and solid waste in accordance with the formula set forth in SECTZON 5 hereof.
Any other provisions of this agreement notwithstanding, the per ton rate for the
term of this agreement beginning with its commencement date and ending June 30, 197�,
shall be Four pollars and Ten Cents (54.10).
For all subsequent annual periods ending June 30, the per ton rate shall be determined
in accordance with the formula set out in SECTION 5 hereof.
SECTZbN 4.
Costs of the System shall be computed for each fiscal year ending June 30. On or be-
fore the 15th day of August of each year, the Board shall provide the Municipality
the following information:
(a) A statement indicating the tatal income and expenditures of the
System for the preceding fiscal year.
(b) A determination of the per ton rate chargeable to the Municipality
for the disposal of t4unicipality's garbage and solid waste for
the current fiscal year.
�
SECTZON 5.
� The formula that shall be used to compute the annual per ton rate for each and every
municipality'using and supporting the System shall be as follows:
�
� The sum of operation costs, plus acquisition costs, plus current im-
provements shall be divided by the estimated number of tons of garbage
and solid waste to be disposed of by the System for the current annual
� period to determine the per ton rate.
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FO RMULA
Operation costs
+ Acquisition costs (S over __Xears)
+ Current improvements
= A sum to be divided by estimated number of.tons
of garbage and solid waste to be disposed of by
the System for the current annual period
_ $ per ton rate
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4„ The Board agrees to determine the feasibility of establishing a sliding scale per
a
ton rate to equalize transportation costs to the sanitary landfill site as an
ar
alternative to the location of a transfer station in the northern part of winnebago
County.
�"'
ka SECTZON 6.
For purposes of this agreement, certain words and phrases are defined as follows:
w:; (a) Garbage - every waste accumulation of animal or vegetable matter, or
. othenvise, that attends or results from the preparation, use, cooking,
dealing in or storage of food for human consumption and which the
�' Municipality is under obligation to pick up, haul and dispose of by
� its charter, ordinance or practice.
(b) Solid Weste - all waste materials of any nature or kind including
!�" garbage which the Board is licensed by the State of Wisconsin to
� accept at the sanitary landfill and which the *lunicipality is under
obligation to pick up, haul and dispose of by its charter, ordinance
or practice.
� (c) Solid Waste Manaqement System - a sanitary landfill as now existing
� in the Town of Oshkosh, Winnebago County, ti•Tisconsin, and any other
facilities hereafter acquired or established by the Board at other
locations within Winnebago County for the collection and disposal of
�� . garbage and solid waste wliich are under the jurisdiction of the
� Winnebago County Solid iaaste Management Board.
(d) Sanitary Landfill - an area now existing within the Town of Oshkosh
and such other areas as may hereafter be acquired or established by
� , the Board as a place where garbaqe and solid waste will be accepted
and disposed of by compaction, burial or otherwise.
(e) Operation Costs - all costs,.direct or indirect, increased by any
deficit from preceding fiscal year or decreased by any income from
the preceding fiscal year incurred by the Board in the operation,
maintenance and administration of the System except land purchase
costs, acquisition costs and cnrrent inprovements.
(f) Acquisition Costs - the Board will be expending $
for the purpose of acquiring the Town of Oshkosh and City of Oshkosh
ownership interest in the sanitary landfill, speci£ically excepting
from said sum the land purchase costs. A portion of the acquisition
costs plus interest will be included in the formula used for computing
the per ton rate as provided for in SECTION 5 of this agreement.
(g) Current Improvements - the Board will be required to make certain
improvements in the System from time to time during the term of this
agreement. The total cost of some improvements may be included in
the formula for a single fiscal year while the cost of other improve-
ments may be amortized over a portion or all of the remainder of the
term of this agreement. Generally accepted accounting principles will
be employed to determine the amount to be included as current improve-
ments in each fiscal year.
� (h) Land Purchase Costs - that sum of money expended by Winnebago County
� to purchase the land on which the Town of Oshkosh sanitary landfill
sites are located in Sections 2 and 3, Township 18 rlorth, Range 16
East, and those lands under option to the Town of Oshkosh or assigned
by or under option assigned by the Town of Oshkosh to Winnebago
� County immediately adjacent to the Town of Oshkosh landfill site as
provided for in Resolution #S adopted by the Winnebaqo County Board
of Supervisors on February 24, 1976, and subsequent land purchases for
� use as part of the System.
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SECTION 7.
ADMINISTRATION
The System shall be governed, controlled and administered by the Board with the
powers and duties set forth in Wisconsin Statutes, Sec. 59.07(135), subject to the
rules and regulations established and amended from time to time by the Winnebago
County Board of Supervisors and the County Executive in their respective areas of
responsibility.
� SECTION 8.
�` It is understood and agreed that the Board will develop specific rules and procedures
�" for the use and working of the System. Such rules shall qovern the following:
� (a) The types and quantities of garbage and solid waste acceptable at
the sanitary landfill.
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(b) The days and hours when the sanitary landfill will be open to re-
�y,:. ceive acceptable materials.
(c) All procedures for billing and collection of fees.
(d) Any other aspect of management and control of the System.
SECTION 9.
All financial record keeping and accounting for monies and funds related to the System
s'hall be in accordance with generally accepted accountina principles and procedures
� and shall be appropriate and sufficient to accurately reflect all costs, direct or
�
indirect, and all revenues and income of the System. Financial records of the System
will be open and available for inspection by any municipality at any time during
normal business hours.
SECTION 10.
The Municipality agrees that it has full responsibility for garbage and solid waste
collections within its corporate limits and further agrees that it will hold Winnebago
County and the Board harmless from any and all claims and liabilities whatsoever as
may arise from the actions or inactions of garbage and solid waste collectors and
haulers licensed or in any way engaged by the Municipality at any place and at any
time whether within the corporate limits of the Municipality or not.
SECTION 11.
The Municipality shall require all garbage and solid waste collectors and haulers that
it may license or engage to have in use for such collecting and hauling, vehicles
which meet the minimum standards and licensing requirements established by the
Department of Natural Resources. The Municipality shall also require all garbage
and solid waste collectors and haulers which it may license or engage to produce
evidence of insurance coverage of the types and minimum amounts which the Board may
require during the term of this agreement.
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SECTION 12.
All determinations as to fees, operating budgets, equipment and supply purchases, as
well as any other expenses or charges to be made for the System, shall be solely
within the discretion of the Board.
SECTION 13. �
All land, equipment and other property acquired or to be acquired as part of the
System shall remain the sole property of Winnebago County and the Municipality shall
not, by virtue of this agreement, have or acquire any proprietary right, title or
interest therein. The Municipality agrees that it shall not, by virtue of this
agreement, obtain, acquire or succeed to any rights or entitlements other than those
expressly set out and provided for herein.
SECTION 14.
This agreement is made and entered into pursuant to the authority granted by wisconsin
Statutes, Sec. 59.07(135) and Sec. 66.30, and may not be terminated prior to June 30,
1986, except by mutual consent of the parties hereto.
, IN WITNESS WHEREOF, the parties hereto have approved and caused the execution of
the aforesaid agreement, to-wit:
WINNEBAGO COU*7TY SOLID WASTE MP.AIAGEMF.PJT BOARD
BOARD')
In Presence Of:
By:
I '
Zn Presence Of:
By:
� This Instrument drafted by:
Gerald L. Engeldinger
Corporation Counsel
Winnebago County, ti4isconsin
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