HomeMy WebLinkAboutReso 93-428 - Approve the Pledge of Rev agreement establshing financial assurance for Postclosure Maint of the Benton Sanitary landfill Fac No. 45-AA-0019 Between COR & Calif Integrated Waste Mgmt Board RESOLUTION NO. ��
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE "PLEDGE OF REVENUE AGREEMENT ESTABLISHING
FINANCIAL ASSURANCE FOR POSTCLOSURE MAINTENANCE OF THE
BENTON SANITARY LANDFILL FACILITY NO. 45-AA-0019" BETWEEN
THE CITY OF REDDING AND THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD; AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT ON BEHALF OF THE CITY.
IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby
approves entering into the above-mentioned Pledge of Revenue Agreement between the
City of Redding and the California Integrated Waste Management Board, a true copy
of which is attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the City of Redding;
and the City Clerk is hereby authorized and directed to attest the signature of
the Mayor and to impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a
regular meeting of the City Council of the City of Redding on the 21st day of
December , 1993, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
ATT ST: _. I FORM PPROVED:
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CONNIE STROHMAiER, City Cler ALL A. liAY6, City Attorney
PLEDGE OF REVENUE AGREEMENT
ESTABLISHING FINANCIAL ASSURANCE FOR
POSTCLOSURE MAINTENANCE OF THE
BENTON SANITARY LANDFILL FACILITY
NO. 45-AA-0019
This agreement establishes a Pledge of Revenue to assure that
adequate funds are available to carry out the postclosure
maintenance of Benton Sanitary Landfill Facility No. 45-AA-0019,
which closed on January 1, 1990.
This agreement shall become effective immediately, and is made
and entered into by and between the City of Redding ( "City" ) and
the California Integrated Waste Management Board ( "Board") .
WHEREAS, Public Resources Code Sections 43500 through 43610
and Sections of Title 14 of the California Code of Regulations
( "Regulations" ) , Division 7, Chapter 5, Article 3 . 5, require
operators of solid waste landfills to demonstrate the availability
of financial resources to conduct closure and postclosure
maintenance activities; and
WHEREAS, Sections 18283 and 18290 of the Regulations specify
a Pledge of Revenue as an acceptable mechanism to demonstrate
financial responsibility for postclosure maintenance of a solid
waste landfill; and
WHEREAS, City is pledging revenues from solid waste user fees
deposited into the Solid Waste Enterprise Fund; and
WHEREAS, City has determined that projected net revenues from
solid waste fees during the thirty ( 30 ) year period of postclosure
maintenance shall during each year of this period be greater than
the yearly monitoring and postclosure maintenance costs contained
in the most recent Cost Estimate for the Benton Sanitary Landfill,
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submitted to the Board, in accordance with Section 18266 of the
Regulations .
NOW, THEREFORE, THE City and the Board do agree as follows:
1. The City shall establish a pledge of revenue to demonstrate
financial responsibility for postclosure maintenance of
the landfill in accordance with Sections 18283 and 18290
of the Regulations.
2. The City agrees to pledge net revenues from Solid Waste
user fees as described herein.
3. The amount of the pledged revenue shall be equal to
$46,667 . 00 per year for the thirty ( 30) year period of
postclosure maintenance, representing the most recent
monitoring and postclosure maintenance cost estimate for
the landfill. It is agreed that the amount of this
pledge may increase or decrease to match any adjustment
to the identified cost estimate which is mutually agreed
upon by the City and the Board.
4. If the City ceases at any time to retain control of its
ability to allocate the pledged revenue as identified
herein to pay postclosure maintenance costs, the City
shall notify the Board and the local enforcement agency
and shall obtain alternate coverage within sixty ( 60)
days after control lapses, pursuant to Section 18290 of
the Regulations.
5. In the event that the Board determines that the City has
failed to perform postclosure maintenance as required by
law, the Board may direct the City Treasurer to pay to
the Public Works Director from the pledged revenues such
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amounts as are necessary to insure sufficient postclosure
maintenance, and such funds shall be disbursed for
postclosure maintenance in accordance with the directive
of the Board.
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year as set forth below.
By City this day of 1993 .
By Board this day of 1993 .
STATE OF CALIFORNIA, California CITY OF REDDING
Integrated Waste Management Board
By By
Ralph E. Chandler Carl Arness
Executive Director Mayor
APPROVED AS TO FORM AND ATTEST:
PROCEDURE:
By By
Robert F. Conheim Connie Strohmayer
Chief Counsel City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
By
Randall A. Hays
City Attorney
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