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HomeMy WebLinkAbout02-22-96-R-8 - Resolution - 02/22/1996 q so[ution NUMBER 2-22-96-R~-8 Whereas, the Cities of Bryan and College Station, Texas created the Brazos Valley Solid Waste Management Agency in May, 1990 through the execution of an interlocal agreement between the two Cities; and Whereas, the Brazos ValleY Solid Waste Management Agency was established by the Cities of Bryan and College Station, Texas in order to provide integrated solid waste management services on a regional basis; and Whereas, the Brazos Valley Solid Waste Management Agency functions under the auspices of both the Cities; and Whereas, the Cities of Bryan and College Station, Texas hold a fifty percent interest and ownership in the Brazos Valley Solid Waste Management Agency; and Whereas, the Cities of Bryan and College Station, Texas as joint owners of the Brazos Valley Solid Waste Management Agency are contractually obligated to the provision of financial support for Brazos Valley Solid Waste Management Agency NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILS OF THE CITIES OF BRYAN AND COLLEGE STATION, TEXAS: Section I That the Cities of Bryan and College Station, Texas through the Brazos Valley Solid Waste Management Agency accept responsibility for the construction, operation, maintenance proper closure and post closure of the solid waste facility known as the "Rock Prairie Road Landfill" site in full compliance with Texas Natural Resource Conservation Commission's Municipal Solid Waste Management regulations and all permit conditions issued pursuant to those regulations. Section II That the Cities of Bryan and College Station, Texas through the Brazos Valley Solid Waste Management Agency guarantee full financial responsibility for the construction, operation, maintenance, proper closure and post closure of the above referenced facility. Section III That the Cities of Bryan and College Station, Texas through the Brazos Valley Solid Waste Management Agency will provide adequate funding for the construction, operation, maintenance, closure and post closure of the above referenced facility in its annual budeets and will acauire additional fimrt~ fi.om (~:anital Reqerv~ FllnC']q Dr other qc~llrc~oe, t~f funding available to the two Cities as may become necessary to properly construct, operate, maintain and close the above referenced facility. Section IV That in the event that Brazos Valley Solid Waste Management Agency should cease to exist, the Cities of Bryan and College Station, Texas jointly and in equal shares guarantee full financial responsibility for the construction, operation, maintenance, proper closure and post closure of the above referenced facility. Provided, however, that in no event shall either city be responsible for more than 50% of the aforesaid costs. Section V That should the Cities of Bryan and College Station be unable to meet the requirements of the local government financial test as defined by the Texas Natural Resource Conservation Commission, the Cities of Bryan and College Station guarantee to provide an alternate form of financial assurance as allowed under Texas Natural Resource Conservation Commission regulations. Adopted and Approved the 22nd day of February, 1996: Mayor ~. Ri~ Mayor of College Station ATTEST: Connie Hooks College Station City Secretary APPROVED AS TO FORM: Cathy Locke College Station City Attorney