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HomeMy WebLinkAbout07-26-18-2b - Resolution - 07/26/2018 RESOLUTION NO. 07-26-18-2b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS APPROVING THE AMENDMENT AND RESTATEMENT OF THE SOLID WASTE FACILITIES OPERATIONS AGREEMENT BY AND AMONG THE CITY OF BRYAN, TEXAS, THE CITY OF COLLEGE STATION, TEXAS AND THE BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Brazos Valley Solid Waste Management Agency, Inc. ("BVSWMA") owns and operates the Twin Oaks Landfill; and WHEREAS, the City of Bryan, Texas ("Bryan"), the City of College Station, Texas ("College Station") and BVSWMA executed that certain Solid Waste Facilities Operations Agreement ("Operations Agreement"), dated effective May 19, 2010; and WHEREAS, the Board of Directors of BVSWMA ("Board") has conducted a thorough review of the Operations Agreement and caused certain appropriate amendments thereto; and WHEREAS, the City Council finds it to be in the best interest of the City of College Station to approve the Amended and Restated Solid Waste Facilities Operations Agreement, attached hereto as Exhibit A; and WHEREAS, the City Council finds it to be in the best interest of the City of College Station to approve the Bylaws, as amended and attached hereto as Exhibit B to become the Bylaws of BVSWMA; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the Amended and Restated Solid Waste Facilities Operations Agreement attached hereto as Exhibit A, and the Mayor is hereby authorized to execute the Amended and Restated Solid Waste Facilities Operations Agreement on behalf of the City of College Station. PART 2: That this Resolution shall take effect immediately from and after its adoption. ADOPTED the 26th day of July, A.D. 2018. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Tanya Smith (Jul 27, 2018) Page 2 of 2 RESOLUTION NO. 07-26-18-2b 3.01. DELIVERY. Each City hereby agrees, to the extent it legally may, to deliver or cause to be delivered all of the Solid Waste (except Sludge, if a City so opts), attributable to and generated within the incorporated limits of each such City, and which is otherwise collected by Cities from the generator of said Solid Waste, to the Facility, except in the occurrence of extended inaccessibility to, or closure of the Facility, and subject to the recycling provisions of Section 3.06, provided such Solid Waste meets the requirements for quality as set forth in Article IV of this Agreement; but delivery of Solid Waste shall commence only after notice by the Agency that it is ready to receive the same pursuant to this Agreement. 3.02. POINT OF DELIVERY; CONVEYANCE TO POINT OF DELIVERY. Each City shall deliver or cause to be delivered all Solid Waste attributable to and generated within such City to the designated Point of Delivery for such City, except in the occurrence of extended inaccessibility to, or closure of the Facility. Unless and until otherwise agreed by a City and the Agency, the respective Cities shall be solely responsible for (a) collecting or causing to be collected and (b) delivering or causing to be delivered all of such Solid Waste attributable to and generated within the incorporated limits of such City to the Point of Delivery. 3.09. UNPLANNED FACILITY CLOSURE. Twin Oaks personnel shall independently determine if the Twin Oaks facility must be closed or is otherwise unavailable to accept municipal solid waste during its usual business days and operating hours. Such determination shall be made independently of any decision by either City as to whether such City will be collecting municipal solid waste. If the Twin Oaks personnel make such a determination for any reason (including without limitation, a determination that road flooding or severe weather may prohibit access to the facility) the Executive Director shall promptly notify the Cities through the Technical Advisory Committee of such determination; provided, however, it is not the duty or obligation of Twin Oaks personnel to determine whether carriers of municipal solid waste will be able to reach the facility. Notification of an anticipated or planned closure shall be made to the Cities no later than 4:45 P.M. the day before the closure occurs. As soon as possible after delivering notice of the closure, Twin Oaks shall provide its best reasonable estimate for when the Twin Oaks facility will again be able to accept municipal solid waste from the Cities. Twin Oaks shall provide regular communication to the Cities as is reasonable under the circumstances to keep the Cities apprised of the plans for reopening the facility. If it is determined by Twin Oaks personnel that the Twin Oaks facility will be unable to accept municipal solid waste from the Cities, or will be inaccessible for more than two consecutive business days, the Executive Director shall promptly notify the Cities of such determination. Following notice of closure or inaccessibility, for more than two consecutive days an emergency meeting of the Technical Advisory Committee shall be scheduled in order to devise a plan for the handling of the Cities’ municipal solid waste until such time as the Twin Oaks facility is again able to accept municipal solid waste from the Cities. The Cities shall have the right to devise a plan for the handling of the Cities' municipal solid waste. These plans shall be discussed during the Technical Advisory Committee meeting, but each City will be allowed to handle their waste independently from the other City. All communication to and from the Cities and to and from Twin Oaks shall be through the Technical Advisory Committee and the Executive Director unless otherwise instructed by the Cities.