HomeMy WebLinkAbout1982-04-12 82-120 ORDER92-120
Introduced by Councilor ae.Wzian, April 12, 1982
CITY OF BANGOR
(TITLE.) 4Vrberf ...Authorizing Participation. in a Joint Exercise Powers
Agreement Proposed Regional Solid Waste Management Facility
BY she City Co Oft City of Bangor.
ORDERED,
THAT, WHEREAS, the adequate and acceptable disposal of
solid waste is becoming a major concern to all of the com-
munities in the Penobscot Valley Region, and
WHEREAS, said communities, in cooperation with the Penobscot
Valley Regional Planning Commission, have determined that a
regional solid waste management facility appears to be the most
viable and economical solution to the solid waste disposal
problem, and
WHEREAS, it has been recommended by a special Task Force
made up of representatives of area communities that extensive
planning and development of a cost-effective, environmentally
sound and reliable solid waste management plan for the Penobscot
Valley Region is necessary,
NOW, THEREFORE, Be It
ORBITED, THAT the City Manager, acting for and on behalf
of the Municipal Officers, be and hereby is authorized to act
as the Authorized Representative of the City of Bangor in the
proposed Joint Exercise Powers Agreement, a copy of which is
attached hereto, and be it further
ORDERED, BRAT the sum of Thirty-two Thousand Dollars
($32,000.), representing approximately $1.00 per capita, be
contributed as the City's share of the cost of developing a
long-term management strategy, said amount to be included in
the 1982 Bond Issue.
STATEMENT OF FACT:
The Joint Exercise Powers Agreement is authorized pursuant
to the Maine Interlocal Cooperation Act, Title 30, Chapter 203,
M.R.S.A., and provides a means whereby a number of communities
can undertake the mutual development of the solid waste management
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plan. Each participating community will contribute an amount
equal to at least $1.00 per capita, and each community will have
one vote. The total estimated coat of the planning is approxi-
mately $200,000., and it is anticipated that the State will pay
up to one-half of the total coat.
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In City Council. April 12,1982 RR99 1➢O
Passed as amended O R'u-CR p6in
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(Title,
ulty QlerW Authorizing Participation �lq &&v,,
'.T.c1nS::Exaralse: F.awBrs..Agr€.event ., ;. '� .
Proposed Regional Solid Waste` management
trod ed and filed by
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JOINT EXERCISE BOWERS AGREEMENT
RELATIVE TO A REGIONAL SOLID _WASTE MANAGEMENT FACILITY
WHEREAS the parties to this agreement have the duty to provide solid
waste disposal facilities for domestic and commercial solid
wastes generated within their respective territories, 38 -
M.R.S.A. paragraph 1305 (1); and
WHEREAS the parties to this agreement have determined that it will
be a more efficient use of their powers and to their mutual
advantage to enter into this agreement; and
WHEREAS the parties are authorized to contract pursuant to the Maine
Interlocal Co-operation Act, Title 30, Chapter 203 M-.R.S.A.;
NOW, THEREFORE, the municipalitiesof
for and in sideration of
the mutual promises and agreements hereinafter stated and the
performance thereof do hereby promise and agree as follows:
PART 1. PURPOSE.
The purpose of this agreement is to provide for the planning and
development of a cost-effective, environmentally sound and reliable
solid waste management/resource recovery plan for the Penobscot
Valley Region. The plan will provide a comprehensive, long-term -
management strategy for handling the present and projected volumes
of solid waste generated in the Region.
In cooperation with the parties to this agreement, the planning
effort will involve a thorough examination of waste generation,
potential energy markets, potential facility sites, transportation
system options and the environmental impacts
of alternatives. Plan
alternatives will be developed and analyzed given considerations of
site, market, transportation, costs, environmental
ental impacts and
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public a ceptibility. Detailed guidance v forimplementation of the
selected plan will be provided including preliminary design plans,
complete cost analysis, financing options, n enc/imDlementa-
_von strategies, risk snaring and operating strategies.
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PART 2. DEFINITIONS.
2.1. Definitions.
As used in this agreement
1a) "Solid Wastes" means solid materials with insufficient
liquid content to be free flowing, including without
limitation rubbish, garbage, scrap materials, junk, ref-
use, inert material, landscape refuse, wastewater treat-
ment plant and septic sludges;
(b) "Solid waste management facility" means any land area or
structure or combination of land area
and structures, used
for storing, salvaging, processing reducing, incinerat-
ing, or disposing of solid wastes.
PART 3. ADMINISTRATION.
3.1. Joint Board.
A Joint Board of Directors will be appointed by the municipal offi-
cers of the parties. Each participating municipality shall have one
director. All terms shall coincide with the term of this agreement.
Upon the effective date of this agreement or as soon thereafter a
possible the Directors shall hold an organizational meeting, elect a
chairman and perform all other actions necessary to this agreement.
3.2. Meetings.
(a) Joint Board meetings may be called by any director.
(b) A quorum for any meeting shall consist of at least a
majority of directors representing the parties to this
agreement
3.3. Powers.
The Joint Board shall have all necessary and incidental powers
granted to directors of non -capital stock corporations under Title
13, Chapter 81 M.R.S.A., subject to such limitations as are required
by law and this agreement.
PART 4. FINANCE.
4.1. Apportionment
Costs of operations, and items incidental thereto, shall be paid for
by collections from grants, donations and appropriations of the
parties. Appropriations shall be allocated between the parties in
accordance with the following:
(a) Minimum appropriations. For the first year of this agree-
ment, no party shall appropriate an amount less than $1.00
per capita. Nothing in this agreement shall be construed
to prevent a party from voluntarily contributing more than
its required share of hosts.
(b) Subsequent appropriations. Subject to sub -section (a)
above, appropriations for subsequent periods shall be
based upon estimated costs of subsequent periods as pre-
pared by the Joint Board.
(c) The manner in which appropriations are financed shall be
at the sole discretion of the parties.
4.2. Financial Procedures.
(a) Budget. The Joint Board shall prepare a budget, determine
-recommended shares of costs and transmit the same to the
parties on or prior to November 1st of each year.
(b) Audit. The Board shall engage a qualified public account-
ant to conduct an annual audit of the accounts. The audit
shall be conducted on the basis of auditing standards and
procedures prescribed by the State Auditor for municipali-
ties.
PART 5. PROPERTY.
5.1. Title.
The Joint Board shall hold title to all real and personal property
acquired pursuant, to the purposes for which it is formed.
5.2. Distribution of Assets.
Assetsofthe Joint -Board remaining at the time of termination of
this agreement shall be divided among the parties according to their
proportionate payments or contributions to the Corporation during
the period of this agreement, subject to the following:
(a) upon termination of this agreement all property, real dna
personal, acquired by the Joint Boars shall be offered for
sale to the pcat the market value of such property.
purchased
Property not purchaha sed by the pasties shall be sold at
public auction.
PART 6. AGENCIES, CONSULTANTS 6 EMPLOYEES.
6.1. Employment
The Joint Board may employ such agencies, consultants and person as
it deems necessary to accomplish the purposes of this agreements it
is the intent of the Joint Board to contract with the Penobscot
Valley Regional Planning Commission and the consultant firm of
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Hayden-Fegman to perform the majority of the functions of the Joint
Board. It is not the intent of the Joint Board to employ any full
time persons, but, any such employees shall be employees of the
Joint Board and shall not be deemed to be employees or subject to
Procedures, supervision or rules of any party. The Joint Board
shall be solely liable to any such employees for any liability for
compensation or indemnity for injury or sickness arising out of or
in the course of their employment.
(a) Staff time may be contributed without compensation to the
Joint Board by the parties. Persons performing work under
such contribution arrangements shall be under the super-
vision of the Board or its designated supervisory person-
nel, but shall otherwise retain the status of an employee
of the contributing party.
PART 7. REMEDIES.
7.1. Breach.
A party shall be deemed to be in breach of this Agreement if it
fails to appropriate or make timely payment of its share of costs,
or if it fails to perform or comply with any of the terms, provi-
sions, or conditions of this agreement. The Joint Board shall give
a party written notice of specific acts or omissions
which consti-
tute breach. The party so notified shall have 30 days to conform.
If the party fails to conform within the above-mentioned time peri-
od, or if the party waives the time period, then the party or the
Joint Board shall have the power to submit the question of breach to
the arbitration procedure established in section 7.2.
7.2. Arbitration.
In the event the Joint Board or a party under notice of breach
elects to submit a question of breach to arbitration, the following
provisions shall govern:
(a) The Joint Board and the party under notice of breach shall
each select a representative and the two persons so sel-
ected shall choose a third -neutral person, and the three
persons so selected shall constitute an arbitration board.
If either party does not select its representative or if
the two representatives fail to agree upon, select and
name a third neutral person within fourteen (14) days,
either party may request the American Arbitration Associa-
tion to utilize its procedures for making such selection.
(b) The arbitration board's jurisdiction shall be limited to
the interpretation or application of the terms of this
agreement.
(c) As soon a possible after the selection of the neutral
person, the three arbitrators shall meet with the parties
or their representatives, or both, forthwith, either
jointly or separately, make inquiries and investigations,
hold hearings, or take such other steps as they deem
appropriate. Hearings shall be informal, and rules of
evidence prevailing in judicial proceedings shall not be
binding.
(d) The arbitration board shall by majority vote make written
findings and shall render a decision which with the excep-
tion of fraud shall be binding upon the Joint Board and
the parties. In the event the arbitraion board finds the
breaching party to have made a withdrawal, the remedy
shall be as provided in Section 7.3. hereinbelow•
(e) The cost of arbitration proceedings shall be shared equal-
ly by the Joint Board and the party under notice of
breach.
7.3. Withdrawal.
Any party may withdraw from this agreement subject to the following:
(a) The withdrawing party shall give written notice of its
intent to withdraw to the Joint Board within 180 days of
such withdrawal. The effective date of such withdrawal
shall be 180 days from date of such certified notice. The
party shall make any payments due during such period.
(b) In the event the withdrawing party fails to comply with
subsection (a) above, it shall pay to the Joint Board an
amount equal to its share of costs due through the follow-
ing year.
(c) The withdrawing party shall pay to the Joint -Board the
entire amount of its share of any outstanding debts of the
Joint Board.
7.4. Indemnification in case of liability to, third parties.
The parties agree to indemnify each other for any liability which a
party or parties may incur as a result of asuit against the Joint
Board arising out of activities performed by it for the benefit of
the parties.
PART '8. ADOPTION, AMENDMENT.
8.1. Duration.
This agreement shall continue in force for a term of 2 years from
its effective date.
8.2. Adoption. _ This agreement shall not take effect with respect to parties signa-
tory unless the following occurs:
(a) it has been approved by the legislative bodies of at least
two partiesanda majority of the municipal officers
thereof have affixed their signatures below; and
(b) it has been approved by the Attorney General and by
(appropriate state agency), and;
(C) it has been filed with the clerk of each of the signatory
parties and with the Secretary of State.
8.3. Review By Regional Planning.
This agreement shall be filed for review with the PVRPC at least J
days prior to the date of legislation action by any of the parties.
8.4. Amendment.
This agreement may be amended by the parties in the same manner as
that provided in Section 8.2. hereinabove, provided however, that
additional parties may be admitted to this agreement if 2/3 of the
Joint Board votes to admit such additional party, and the legisla-
tive body of the additional party accepts by appropriate action the
terms and conditions placed upon such entry by the Joint Board.
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IN WITNESS WHEREOF, the parties have by their duly authorised offi-
cers caused this Joint Exercise Powers Agreement relative to a
regional solid waste management facility to be executed this
day of , 1982, _
By Town of
=tie
Approved:
Attorney General
Department of Envlconmetatai Protection
Reg TonalPlanning Commiss ion
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Mammon
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