HomeMy WebLinkAboutResolution-1995-1504
RESOLUTION NO. 1 S04
Series of 1995
TITLE:
RESOLUTION APPROVING SECOND AMENDMENT OF
INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY, CITIES
OF LAKEWOOD, ARVADA, WHEAT RIDGE, AND OTHER
MUNICIPALITIES RELATING TO THE CREATING OF A HOUSEHOLD
HAZARDOUS WASTE STORAGE AUTHORITY
WHEREAS, by Resolution No. 1347, amended by Resolution
No. 1367, the City of Wheat Ridge approved an Intergovernmental
Agreement with Jefferson County, cities of Lakewood, Arvada, and
other municipalities, relating to the creation of a Household
Hazardous Waste Storage Authority; and
WHEREAS, the parties intend to modify the IGA so the
Authority can better serve its purposes; and
WHEREAS, Section 14.2 of the Home Rule Charter of the
city of Wheat Ridge requires that all intergovernmental agreements
entered into by the City be approved by resolution; and
WHEREAS, the city council of
agreed to enter into the attached
intergovernmental agreement.
the city of Wheat Ridge has
second amendment to the
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Wheat Ridge, Colorado, as follows:
1. That certain second amendment to intergovernmental
agreement between the city of Wheat Ridge, the cities of Arvada,
Lakewood, and other municipalities, and the County of Jefferson,
regarding modifying the IGA creating a Household Hazardous Waste
storage Authority, pertaining to recycling, the employment of a
full time facility manager, and a drop and swap program, which is
attached hereto, is hereby approved.
2. The Mayor and City Clerk are authorized to execute
said Intergovernmental Agreement.
DONE AND RESOLVED this 11th day of December, 1995.
ATTESr: ,
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Wanda Sang,
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Dan Wilde, Mayor
SECOND AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT CREATING A
HOUSEHOLD HAZARDOUS WASTE STORAGE AUTHORITY
THIS SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT,
dated for reference purposes only this ____ day of ,
1995, is made and entered into by and between Jefferson County,
the City of Lakewood, the city of Arvada, the City of Edgewater,
the City of Golden, the city of Lakeside, the Town of Morrison,
the Town of Mountain view, the city of westminster, and the City
of Wheat Ridge (hereinafter referred to as "the Parties").
WITNESSETH:
WHEREAS, the Parties entered into an Intergovernmental
Agreement Creating a Household Hazardous Waste storage Authority,
dated April 21, 1993, as amended by First Amendment in September,
1993 (as so amended, the "IGA"), to construct and operate a
household chemical storage facility for the temporary storage of
household hazardous waste, police property waste, and orphaned
hazardous waste (prior to off-site disposal or other appropriate
disposition) i and
WHEREAS, the Parties intend to modify the IGA so the Storage
Authority can better serve its purposes,
NOW, THEREFORE, for and in consideration of the covenants
and conditions set forth herein, and for other good and valuable
consideration, the sUfficiency of which is hereby acknowledged,
the parties agree that the IGA shall be, and hereby is, amended
as follows:
section 1. section V, Paragraph A, of the IGA is amended
by deleting the first sentence from said paragraph which first
sentence reads as follows: "Subject to the Management
Committee's direction, the Contractor will be the sole operator
of the HHW portion of the facility."
section 2. Section V, Paragraph C, of the IGA is amended
to read as follows: "The Parties understand and agree that the
Contractor may periodically pick up household hazardous wastes
from temporary collection areas in the City of Westminster and
other locations which may be named at a later date. The
Contractor shall be responsible for sampling, storage, packaging,
transportation, and offsite disposal of household hazardous
wastes that are collected. The Contractor will use its own EPA
ID number to transport and dispose of said HHW collected and
stored at the facility. Notwithstanding anything to the contrary
in this Agreement regarding the contractor's duties and
obligations, the Authority may, in its discretion, provide for
the recycling of HHW and/or provide for product reuse and
exchange programs, commonly known as drop and swap programs."
section 3. Section VI of the IGA is amended by adding a
new Paragraph H to read as follows: "Notwithstanding anything to
the contrary in this Agreement regarding the Contractor's or the
Authority's duties and obligations pertaining to the storage
facility, the Authority may hire a facility manager other than
the Contractor for day-to-day management of the storage
facility."
section 4. This Amendment may be signed in counterparts
and each counterpart shall be deemed an original and all the
counterparts taken as a whole shall constitute one and the same
instrument.
Section 5.
unchanged.
All other provisions of the IGA shall remain
IN WITNESS WHEREOF, the Parties have executed this SECOND
AMENDMENT.
PFK\G73\123226.3
S I G N A T U R E
P AGE
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CREATING A
HOUSEHOLD HAZARDOUS WASTE STORAGE AUTHORITY AS SET FORTH IN
RESOLUTION 1504 OF THE CITY OF WHEAT RIDGE.
IN WITNESS WHEREOF, the parties have set their hand and seal on the
~ day of December, 1995.
CITY OF WHEAT RIDGE
~~
DAN WILDE, MAYOR
ATTEST:
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WANDA SANG, CITY CLERK
APPROVED AS TO FORM:
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City Attorney