Res 072-82 4/20/1982 RESOLUTION NO.
RESOLUTION APPROVING A14D AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE LAKE
ARROWHEAD VOLUNTEER FIRE DEPARTMENT ASSOCIATED
WITH OPERATION OF A SANITARY LANDFILL AT LAKE
ARROWHEAD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and Lake Arrowhead Volunteer
Fire Department, concerning the operation of a sanitary landfill
at Lake Arrowhead, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 20th day of April, 1982 .
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A Y 0 R
ATTEST:
A
City C erk
A G R E E M E N T
WHEREAS , the City of Wichita Falls has been operating a
landfill on the west side of Lake Arrowhead for several years at
no charge to users of that facility; and ,
WHEREAS, the City of Wichita Falls can no longer continue
to operate and maintain said landfill in compliance with Texas
State Health Department requirements and standards without imposing
a user charge; and
WHEREAS , many of the residents surrounding Lake Arrowhead
wish to have a landfill conveniently available for their use and
are willing to cooperate in and pay for such landfill service and
facilities.
NOW, THEREFORE, it is mutually agreed by and between the City
of Wichita Falls (hereinafter called "City") and the Lake Arrowhead
Volunteer Fire Department (hereinafter called "Department" ) that:
1. The City will continue to operate and provide a sanitary
landfill and landfill services on the west side of Lake Arrowhead
at the site described in the attached exhibit , so long as it is
able to do so in compliance with Texas State Health Department and
other applicable rules, regulations , standards and requirements.
2 . The City, through its City Manager, shall establish such
annual and other landfill user fees and charges as will fairly
and reasonably compensate the City for the services it renders in
the operation and maintenance of the aforementioned landfill.
3. The City shall annually bill such residential landfill
users as desire to utilize the landfill for a continuous period
of time. Upon payment of such bills in advance of the City' s
established fiscal year, a card or other identifying document will
be issued to the residential landfill user and such card or other
identifying document shall serve as evidence of payment and will
permit the holder to dump residential solid wastes without additional
charge so long as the identification card remains valid. All non-
card holders shall pay such fees and charges as are provided for
under paragraph 2 . above.
4 . The Department shall provide at least one person to
staff the landfill gate or entranceway to inspect the cards or
other identifying documents of prepaid residential landfill users
and to charge and collect fees, as predeteKmined by the City,
from any and all landfill users who do not possess a valid user
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card or other identifying document.
5. The Department shall provide one or more persons, as
necessary, for the purposes specified in paragraph 4 . above for
the hours that the landfill is open.
6. Landfill operating hours shall be mutually agreed upon
by the City and the Department.
7. For any parties who wish to dispose of garbage, trash
and other acceptable solid waste products at the landfill site
described in the attachment hereto and who do not possess a valid
and current user card, the Department shall charge and be respon-
sible for collecting such fees and charges as are prescribed by
the City. The Department shall record all funds so collected on
forms and in a manner provided by the City and shall remit same
to the City' s Finance Department at least once each week. The
City reserves the right to inspect any and all records maintained
by the Department under this agreement.
8 . The Department shall clean up, remove and properly
dispose of any trash, litter, debris and other solid wastes dumped,
wind blown, or otherwise deposited outside or in proximity to the
landfill area and on or adjacent to the roadway leading to the
landfill site.
9. In fulfilling its duties and responsibilities under this
agreement, the Department shall comply with all applicable federal
and state laws, rules, permits and regulations, and agrees to
cooperate fully with the City to promote the efficient and proper
operation and use of the landfill. Furthermore, the Department
shall be solely responsible for the conduct of its operators, agents,
employees or representatives and agrees to indemnify, defend, hold
and save the City, its authorized agents, officers, representatives
and employees, harmless from each and every claim and demand of
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whatever nature and an against and
g y all penalties, liability and
j annoyance or loss, resulting from claims or court action of any
nature claimed to have arisen directly or indirectly out of acts
of the Department or its agents, servants , guests, employees or
representatives under this agreement or by any act, omission or
conduct of such person.
i10. Either party to this agreement may terminate it upon
sixty days ' advance written notice to the other party.
11. This agreement shall be for an initial period of two
years, commencing 1982 , and ending
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1984 . If the Department fulfills
its obligations hereunder for that two-year period, then the Depart-
1 ment, with the consent of the City, shall have the option to extend
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the agreement for an additional two years; thereafter, the Depart-
! ment shall have a series of three options to renew this agreement
for additional two-year terms. Each option shall be conditioned
upon the Department' s having fulfilled its obligations hereunder,
and the Department may exercise such options by giving the City,
through its City Manager, notice thereof in writing not less
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than sixty days prior to the end of the preceding term.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on this the day of ,
1982 .
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CITY OF WICHITA FALLS
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BY:
�Maager
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ATTEST:
ext
City C erk
j LAKE ARROWHEAD VOLUNTEER FIRE
I DEPARTMENT
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I By:
ATTEST:
Secretary
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