Ordinance No. 5,411WHEREAS, on April 1, 1986, the City of Baytown entered into
an agreement with Hazelwood Enterprises, Inc. for the operation
of a sanitary landfill; and
WHEREAS, on April 14, 1988, the agreement was amended to
-xtend its term and make other beneficial changes; and
WHEREAS, the parties to said agreement desire to amend the
agreement
• adjust the compensation contained therein effective
January 1, 1990; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 2:
This ordinance shall
take effect
ORDINANCE NO. 5411
from and after
its passage by the City
AN ORDINANCE
AUTHORIZING
AND DIRECTING
THE MAYOR TO
EXECUTE AND
THE
CITY CLERK TO ATTEST
TO THE SECOND
vote of the
AMENDMENT TO
THE
AGREEMENT FOR OPERATION
OF SANITARY
December, 1989.
LANDFILL BETWEEN
THE CITY OF BAYTOWN
AND HAZEL WOOD
ENTERPRISES,
INC.;
AND PROVIDING FOR THE
EFFECTIVE DATE
Ile.
THEREOF.
tA'RETT 0. HUTTO,
or
ATTEST:
WHEREAS, on April 1, 1986, the City of Baytown entered into
an agreement with Hazelwood Enterprises, Inc. for the operation
of a sanitary landfill; and
WHEREAS, on April 14, 1988, the agreement was amended to
-xtend its term and make other beneficial changes; and
WHEREAS, the parties to said agreement desire to amend the
agreement
• adjust the compensation contained therein effective
January 1, 1990; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 2:
This ordinance shall
take effect
immediately
from and after
its passage by the City
Council of
the City of
Baytown.
INTRODUCED,
READ and PASSED by the
affirmative
vote of the
City Council of
the City of Baytown,
this the
14th day of
December, 1989.
Ile.
tA'RETT 0. HUTTO,
or
ATTEST:
•
SECOND AMENDMENT
to the
AGREEMENT FOR OPERATION OF
SANITARY LANDFILL
By and Between
CITY OF BAYTOWN, TEXAS
and
HAZELWOOD ENTERPRISES, INC.
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ( "Amendment ") to that certain
Agreement for Operation of Sanitary Landfill between the City of
Baytown, Texas, and Hazelwood Enterprises, Inc. dated April 1,
1986, and amended on April 14, 1988, is made by and between the
same parties on the date hereinafter last specified.
W I T N E S S E T H
WHEREAS, the City of Baytown, Texas ( "City ") and Hazelwood
• Enterprises, Inc. ( "Contractor ") did enter into an agreement for
the operation of a Sanitary Landfill on April 1, 1986,
( "Agreement "); and
WHEREAS, the City and Contractor amended the Agreement on
April 14, 1988, to extend the term of the Agreement from four (4)
years to nine (9) years, and to adjust the compensation contained
therein; and
WHEREAS, the City and Contractor now desire to adjust the
compensation contained therein;
NOW THEREFORE, for an in consideration of the premises and
the mutual covenants and agreements herein contained, the parties
hereto do hereby mutually agree as follows:
I
Unless a different meaning clearly appears from the context,
words and phrases as used in this Amendment shall have the same
meanings as in the Agreement.
II
The provisions of Section 4.0 of the Agreement are hereby
repealed, and a new Section 4.0 is hereby inserted to read in its
entirety as follows:
4.0 COMPENSATION TO CONTRACTOR:
As full compensation to the Contractor for operation of
the above referred to landfill by the Contractor, the
City agrees to pay to the Contractor in accordance with
the following schedule:
1st year of contract $3.25 per cubic yard for
• Solid Waste Disposal
1st year of contract $5.50 per cubic yard for
Processed Sewage Sludge Dis.
2nd through 9th year $3.50 per cubic yard for
of contract Solid Waste Disposal
2nd through 9th year $6.00 per cubic yard for
of contract Processed Sewage Sludge Dis.
For the year beginning April 1, 1990, and on each subsequent
year, the compensation described above shall be adjusted to
recognize the effect of inflation between April 1, 1988, and the
date of adjustment. The payment for each year beginning April 1,
1990, shall be $3.50 per cubic yard for solid waste (or $6.00 per
cubic yard of processed sewage sludge) multiplied by a fraction,
the denominator of which shall be 116.0, which was the February
1988 Consumer Price Index for all Urban Consumers (CPT -U), all
items, U.S. City Average (1982 -84 =100), and the numerator of
which shall be the CPI -U for all items, U.S. City average, as of
the date of adjustment.
In addition to the compensation contained herein, the City
agrees to pay an additional 17 cents per cubic yard of compacted
solid waste and 10 cents per cubic yard of uncompacted solid
waste. The City shall pay, more or less, the fees specific in
this paragraph upon adoption and implementation by the Texas
Department of Health under Legislative Authority, if such fees
are adjusted.
Payment shall be based on the number of cubic yards of
municipal solid waste delivered to Contractor under the terms of
this Agreement, it being further specifically understood and
agreed by and between parties, with respect to the aforesaid
compensation that the compensation to be paid will be based upon
pre - determined refuse truck capacities which are agreed upon
between the Contractor and the City. In the event Contractor and
City are unable to reach a mutually acceptable agreement with
regard to refuse truck capacities, the parties may request the
determination of such agreement by a mutually acceptable
arbitrator. Should the parties be unable to agree upon a
mutually acceptable arbitrator, each party shall nominate one
arbitrator and the arbitrators so nominated by the parties shall
select a third arbitrator who will act with them as a three -
member arbitration panel to decide the disagreement between the
parties by the concurrence of a majority of such panel. Costs
for such 'arbitration shall be borne equally by Contractor and
City.
- 2 -
A. Time
City
last
which
make
week
City
of Payment. The Contractor shall invoice the
monthly, invoices to be submitted as of the
day of each month, accompanied by tickets
are collected by Contractors as refuse trucks
deliveries, and shall include the last full
of each month. Invoices shall be paid by the
monthly. The City agrees to pay all properly
. submitted invoices within 15 days of receipt of
same, less any sums retained to cover verified
claims filed with the Finance Director, due to or
arising out of the contract.
B. Materials to be Disposed. Contractor shall accept
for disposal residential and commercial garbage and
trash generated in the City of Baytown including
that collected by private haulers and that is
brought to the landfill by private citizens and
shall make a reasonable charge for disposal
therefore, which charge shall bear a reasonable
relationship to the charges made to the City
hereunder.
W
• The provisions of this Amendment and the provisions of the
Agreement should be read together and construed as one agreement
provided that, in the event of any conflict or inconsistency
between the provisions of this Amendment and the provisions of
the Agreement, the provisions of this Amendment shall control.
L-1
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment in multiple copies, each of which shall be deemed to be
an original, but all of which shall constitute but one and the
same Amendment, this the day of , A.D.
19 , the date of execution by the
Baytown.
ATTEST:
EILEEN P. HALL, City Clerk
- 3 -
Mayor
of the City of
CITY OF BAYTOWN, TEXAS
EMMETT 0. HUTTO, Mayor
0
ATTEST:
Secretary
S:5 :28:6
•
HAZELWOOD ENTERPRISES, INC.
By
- 4 -
President