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107-93 RESOLUTION
• fio • RESOLUTION NO. 107-93 A RESOLUTION TO ACCEPT GRANT FUNDS FROM THE FOUR COUNTY (NWA) REGIONAL SOLID WASTE MANAGEMENT DISTRICT AND AUTHORIZES THE MAYOR AND CITY CLERK TO EXECUTE THE PASS-THROUGH AGREEMENT, AND APPROVAL TO USE THESE FUNDS FOR A SOLID WASTE TRANSFER STATION & PROCESSING FACILITY, AND AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $350,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and Council hereby accepts the grant funds from the Four County (NWA) Regional Solid Waste Management District, and authorizes the Mayor and City Clerk to execute the Pass-through Agreement, and approves using these funds for a solid waste transfer station & processing facility. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment m the amount of $350,000.00 by decreasing Acct. No 5500 0950 4302 00, State Grants Revenue and increasing Acct. No. 5500 5060 5816 00, Sohd Waste Improvements. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 19th day of October , 1993. ATTEST: By: tyzns.2 Sherry City Clerk APPROVED: By: City of Fayetteville, Arkansas Budget Adjustment Form Budget Ycar Department: P...p.,ac. (,J.ci'S Division: £ c( (t.) 4V?t Program: la eel cleat Date Requested ocJ- ti/993 Adjustment # Project or Item Requested: 4ccep %% a_ 9 s.e..# o. -a. 4 L.d / Pc 4-t 'Vo V Ce,,444LS.l ,J 6s•s4c so.s 4--k n1• Pa ssc d J n. L at cel) ....d sir �e c,n ar0.oJ a. £ I tl t.ca1K tn.a.et(4-e Sig./kat e-4 tcc1 a (01 Paaacs .Y3 Flc.c It r�. . Project or Item Deleted: t o.'a2 Ju,tilicuuon of this Increase: Reeog.Lai" , raj actoac Justification of this Decrease: IisL•f .41., Li& lr,„ art to ft 4L 44s..4c& sic ea &Le cassia.,j.4l& Mir 44:celt uscll w tt_ totem eo 4144 (Mai" 4 Li 64.-51a . at t> k eb &L fair! fro 4.el nor opt) ted( t,t. rib S •t.. rad, Ptiy tK y.,, G. ..4 S.1 t.! taws c •ad w OK } i Increase Account Name Amount Account Number Project Number Sid.. C eJrs Qeocaot *mot 000 $SOa 0450 430'2 au Account Name Amount Account Number Project Number S. t.i tk5ask ttsisquek• 3St).a0o S>ob Soto 5814 oil Approval Signatures Io -4-9_3 Budget Coordinator Department ector Admin. Services Director Mayor Budget Office Use Only Type: A B C D © F Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy FAYETTEVI LLE • THE CITY OF FAYETTEVILLE. ARKANSAS SHERRY L. THOMAS. f2TY CLERK TO: FROM: DATE: SUBJECT: Cheryl Zotti, Environmental Affairs Coor. Sherry L. Thomas, City Clerk December 6, 1993 Agreement for 4 County Solid Waste Management District - Resolution 107-93 Resolution 107-93 was approved by the Council at their October 19, 1993 meeting. The agreement was signed by both Mayor Hanna and myself. I need a copy of this agreement to put with the resolution. Please provide me with a copy. I can then get the Mayor to sign the resolution and make this item complete. Thanks for your help. 113 WEST MOUNTAIN 72701 501 S7SE727 • PASS THROUGH AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE FOUR COUNTY (NW) REGIONAL SOLID WASTE MANAGEMENT DISTRICT _..11This PASS THROUGH AGREEMENT executed on this /'i,< day of nn 6/(.to�ru, 1993, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called the "City", and the Four County (NW) Regional Solid Waste Management District, hereinafter called the "District", WITNESSETH: WHEREAS, the Arkansas Department of Pollution Control and Ecology, the District, and the City have determined that there is a major functional gap in solid waste transfer and recycled materials processing capacity in Washington County; and WHEREAS, it is the District's intention to provide a regional system of solid waste transfer stations and recycled materials processing facilities; and WHEREAS, the City of Fayetteville is the largest population center in Washington County and is the logical location for a solid waste transfer station and recycled materials processing facility; and 1 • WHEREAS, the Arkansas Department of Pollution Control and Ecology has awarded the District a grant of $350,000 for a transfer station and a recycled materials processing facility, and the City will provide additional financial and other valuable resources; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO: (1) The District shall pass the above mentioned grant funds through to the City for use in constructing and equipping a solid waste transfer station and recycled materials processing facility as described in the grant proposals. (2) The City shall accept the above mentioned grant funds from the District for use in constructing and equipping a solid waste transfer station and recycled materials processing facility as described in the grant proposals. (3) The District and the City agree to the rights and responsibilities outlined in the grant proposals and the following provisions. GENERAL PROVISIONS (1) The City shall be responsible for the permitting, design, site selection, construction, operation, and maintenance of the two facilities with oversight, as required, by the Arkansas Department of Pollution Control and Ecology (DPC&E). (2) The City, in conjunction with the District, shall be responsible for all reports required by DPC&E's grant regulations and conditions of grant award. 2 • • (3) The District shall, upon notification from the City, apply for the grant funds as per grant requirements. The District shall pass the grant funds through to the City. (4) Upon completion, the City shall allow any entity to utilize the facility upon payment of a tipping fee, as determined by the City, that will cover the costs of providing such services. The City reserves the right to reject any load of solid waste or recyclables should, in the City's opinion, the material be undesirable. (5) The City shall own the facilities and equipment, though DPC&E, as stated in Regulation 111, Part II, Sections 9 through 12, reserves the right to require reimbursement of the grant funds should the conditions of the grant not be met. (6) The City shall control where any solid waste delivered to the transfer station is to be disposed and where any recycled materials will be marketed. (7) The City assumes no obligation to accept solid waste or recyclable material, or to provide for an alternative means of disposal, should there be employee, equipment or other problems that interrupt operation of one or both of the facilities. IN WITNESS WHEREOF, the parties hereto have executed this PASS THROUGH AGREEMENT as of the day and year first above written. 3 • • ATTEST: By: y4/ .Y. City C erk ATTEST: )�j/� By: //.cd %%����`�Ti Title: Ogedrafro, • CITY OF YETTEVILLE, ARKANSAS By: �i� ayor FOUR COUNTY (NW) REGIONAL SOLID WASTE MANAGEM:4.T DISTRICT BV: i. AAP i_�f�! Chairman APPROVED AS TO By: 4 7 JeYry E. Rose City Attorney