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HomeMy WebLinkAboutResolution #3411RESOLUTION NO. 3411 RESOLUTION OF SUPPORT OF AN ENVIRONMENTAL ASSESSMENT ON THE INTERNATIONAL HARVESTER PLANT SITE WHEREAS, the City of Canton, Fulton County, Illinois is authorizing the City of Canton to apply for federal grant funds on the city's behalf for an environmental assessment of the former International Harvester Plant Site; and, WHEREAS, the City Council is in full support of this application being made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canton, Fulton County, Illinois as follows: 1) That the City of Canton will assist the Department of Commerce and Community Affairs in applying for a grant under the terms and conditions of the Federal Funding Provisions. 2) That the Mayor on behalf of the City of Canton execute such documents and all other documents necessary for the carrying out of said application. 3) That the Mayor is authorized to provide such additional information as may be required to accomplish the obtaining of such grant. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this ~~ day of April, 1998, upon a roll call vote as follows: AYES: Aldermen. Shores, May, Nidiffer, Dade, Sarff, Phillips . NAYS: None. ABSENT: Alderman. Molleck, Hartford. APPROVED: ~~ Donald E. Edwards, Mayor Attest: ~. ancy Whites ity Clerk. , AGREEMENT - This Agreement is made on April ,7 tr1 , 1998, by and between the City of Canton, Illinois, a municipal corporation (hereafter called "City") 210 East Chestnut Street, Canton, Illinois 61520 and Hiel Trucking, Inc., a Delaware corporation (hereafter called "Niel") P.O. Box 110, Prairie City, Illinois 61470. Recitals. The City of Canton, Illinois, operates a municipal waste water treatment facility and a water treatment facility, both of which produce waste. The waste produced by the waste water treatment facility is referred to in this Agreement as biosolids and the waste produced by the water treatment facility is referred to in this Agreement as waste lime. The City has a need to dispose of the biosolids and waste lime produced by its treatment facilities. Hiel is in the trucking business and has the equipment to haul away and dispose of the biosolids and waste lime by spreading the product on farm land in west central Illinois. 2 Agreement. Hiel agrees to purchase from the City and the City agrees to sell to Hiel Class A biosolids produced by the City and to dispose of the biosolids in compliance with the requirements of the Illinois Environmental Protection Agency. Performance b.E Hiel. Hiel will perform this Agreement in the following manner: 3.01 Hiel will purchase all biosolids produced by the City (except for small amounts to be used by the City for community promotion) which the City estimates to be 3,000 wet tons per year. 3.02 Hiel will take delivery of the City's biosolids at the City's waste water treatment plant in Canton, Illinois, where the biosolids will be loaded by the City on Hiel's trucks. 3.03 Hiel will weigh the exact tonnage purchased and will provide the City with such weight tickets or other confirmation the City deems appropriate, together with a statement documenting all tonnage purchased and weighed in each calendar month by the 10th day of the following month. 3.04 Hiel will pay to the City Three Dollars ($3.00) per ton for all Class A biosolids purchased and weighed each month. Payment will be made by the 10th day of the following month. In determining the quantity, the City agrees that the moisture content of the biosolids will be between 45% and 55%. 3.05 Hiel will obtain all necessary permits from regulatory agencies, including the Illinois Environmental Protection Agency, needed by Hiel to dispose of the biosolids by spreading the biosolids on farm land. 4 Performance by the Citv. The City will perform the following contractual obligations: 4.01 The City will treat the biosolids produced by its waste water treatment plant to the extent necessary for such biosolids to be tested and classified as Class A biosolids per standards established by United States Environmental Protection Agency (40 CFR Part 503 of the Clean Water Act). Hiel will have no obligation to purchase any product produced by the City's waste water treatment facility that is not a Class A biosolid. 4.02 The City will provide equipment and an operator for the loading of the Class A biosolids on Hiel's trucks at the City's waste water treatment facility at any time from 7:00 a.m. to dusk, Monday through Friday, holidays excepted, upon receipt of not less than two (2) hours advance notice from Hiel. 4.03 The City will reimburse Hiel for the cost incurred by Hiel to weigh the biosolids to determine the quantity purchased. Hiel agrees to accept the reimbursement in the form of Class A biosolids. 5 S reading Biosolids on City Real Estate. For no additional consideration, Hiel agrees to apply the biosolid material to approximately forty (40) acres of farm real estate owned by the City. The City will provide Hiel with directions regarding application of the biosolids to the City's fields and Hiel will apply the biosolids to the City's fields in accordance with the City's directions at a rate not greater than two (2) tons per acre. 6 Waste Lime. In addition to Hiel 's purchase of the biosolids produced by the City's waste water treatment plant, Hiel will have the exclusive right to market and apply the waste lime produced by the City's water treatment facility. Hiel will notify the City when the waste lime becomes marketable and will make arrangements for the City to allow access to the City farm. Hiel will be responsible for the loading of the waste lime. No amount will be paid by Hiel for the purchase of the waste lime and no amount will be paid by the City for Hiel's removal of the waste lime. Hiel will have no obligation to remove any of the City's waste lime that does not test to be free of heavy metals or other contents making the waste lime unmarketable. 7 Li i i 7.01 Hiel agrees to exercise all due care in the transportation, storage and application of the biosolids and waste lime received by Hiel from the City. Hiel further agrees that Hiel will not stock pile the biosolids in any manner or for any length of time that would violate the Illinois Environmental Protection Agency Statute and Regulations. Although Hiel will have the sole rights to the biosolids and waste lime and all economic advantage from the marketing and application of the biosolids and waste lime it receives from the City, the City reserves the right to take such steps as it deems appropriate to confirm that Hiel is applying the biosolids and waste lime to farm land in accordance with the Illinois Environmental Protection Agency Statute and Regulations and Hiel agrees that any other use by Hiel of the biosolids and waste lime produced by the City will be unacceptable and grounds for • termination of this Agreement. Hiel will be responsible for all claims, damages, losses and expenses that arise as a result of improper handling, storage and application of the biosolids and waste lime after Hiel takes possession of the biosolids and waste lime and will indemnify and hold the City and the City's agents and employees harmless from and against all such claims or damages arising as a result of any improper handling, storage and application of the biosolids or waste lime after Hiel takes possession. 7.02 The City agrees to exercise all reasonable due care to assure that the biosolids and waste lime are properly treated and free of contaminants, chemicals or other hazardous properties and will be responsible for all claims, damages, losses and expenses that arise as a result of contamination, improper treatment or processing prior to Hiel taking possession of the biosolids and waste lime and will indemnify and hold Hiel and Hiel's agents and employees harmless from and against all such claims or damages. 8 Term. This Agreement and the Three Dollars ($3.00) per ton price established by this Agreement will be in effect for an initial term of two (2) years from the date of this Agreement. If not sooner terminated, this Agreement will automatically continue from month to month after that. Notwithstanding the two (2) year initial term, either party may cancel this Agreement, upon thirty (30) days advance written notice. 9 No ' e. The City will give Hiel a telephone number for Hiel to use to give notice to the City of the date and time Hiel's trucks will need to be loaded by the City at the City's waste water treatment facility. All other notices required by this Agreement shall be in writing and delivered by certified mail to the then Mayor of the City or the then President of Hiel at the addresses set forth at the beginning of this Agreement. CITY OF CANTON, an Illinois municipal corporation HIEL TRUCKING, INC., a Delaware corporation sy: Donald E. Edwards, Mayor 4 W Attest: ~ Nancy White Clerk sy: Pres ent ..~ . By. Secretary j c : \c orp\98-119\agreemen t. JDM\jc 3\5\98