02-22-96-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