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2002-70

A RESOLUTION

AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO AN AMENDED INTERGOVERNMENTAL AGREEMENT RELATING TO THE HOUSEHOLD HAZARDOUS WASTE STORAGE AUTHORITY WITH THE FOLLOWING: JEFFERSON COUNTY, CITY OF ARVADA, CITY OF GOLDEN, CITY OF WHEAT RIDGE, CITY OF LAKESIDE, TOWN OF MORRISON AND MOUNTAIN VIEW.

WHEREAS, the parties originally entered into an Intergovernmental Agreement dated April 21, 1993 creating the Household Hazardous Waste Storage Authority; and

WHEREAS, the parties to the original Intergovernmental Agreement desire to amend that Agreement and restate the entire Amended Agreement; and

WHEREAS, the parties are authorized to enter into this Amended Agreement pursuant to Section 29-1-201, et seq., 12A C.R.S.; and

WHEREAS, the parties wish to encourage proper disposal of household hazardous wastes and increase public awareness of the importance of sound waste management practices in protecting public health and the environment, particularly water quality; and

WHEREAS, the parties have established a household hazardous waste collection program ("HHW Program") to provide a safe, convenient place where household hazardous wastes from the citizens of Jefferson County can be safely collected, stored and properly disposed of offsite; and

WHEREAS, the parties have established a safe, convenient place for the storage of police property unit chemicals held as evidence in a police property unit; and

WHEREAS, the parties have established a safe, convenient place for the storage of inherited wastes until appropriate offsite disposal can be arranged; and

WHEREAS, the parties wish to promote the recycling of various nonhazardous solid wastes; and

WHEREAS, significant cost, organizational and promotional efficiencies can be realized if household hazardous wastes, certain nonhazardous solid wastes, police property unit chemicals and inherited wastes are handled jointly by the parties; and

WHEREAS, for economic reasons the parties desire the flexibility to accept household hazardous waste and other nonhazardous solid waste from outside Jefferson County so long as such acceptance does not impair the use of the facility by Jefferson County residents or increase the liability of the Authority or its members; and

WHEREAS, the parties have determined that because of the expanded programs it desires to establish, it is appropriate to change the name of the Authority to the Rooney Road Recycling Center Authority; and

WHEREAS, the parties have determined that it is in the best interest of their residents and it is a recognized common goal to create a separate legal entity pursuant to Section 29-1-203, 12A C.R.S. to operate a collection and temporary storage facility for household hazardous wastes, certain nonhazardous solid waste, police property unit chemicals and inherited wastes.

NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Lakewood, Colorado, that:

SECTION 1. Lakewood is authorized to enter into an Agreement with the above named jurisdictions that amends the original Intergovernmental Agreement for the Household Hazardous Waste Storage Authority.

SECTION 2. The City Manager is authorized to execute and the City Clerk to attest to the Agreement, in form approved by the City Attorney.

SECTION 3. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.

SECTION 4. This Resolution shall be in full force and effect upon its passage and approval.

INTRODUCED, READ AND ADOPTED by a vote of 10 for and 0 against at a regular meeting of the City Council on October 14, 2002 at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:

Margy Greer, City Clerk