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Village of Wappingers Falls \ , .. '1-" ra . ) AGmEMENT made the lL/l!J day oX ~, 1968, between the TCMN OF WAPPINGER, a municipal corporation, hereinafter designated as the Tam, and the VILLAGE <F WAPPINGERS FALLS, a municipal corporation, ,here- inafter designated as the VILLAGE: WHEREAS, the TOWN is conducting a sanitary landfill operation upon lands leased from the County oX Dutchess and more fully described in "Schedule A" hereto annexed, and WHEREAS, the VILLAGE desires to provide for the disposition of refuse, garbage and other waste originating from within its territorial boundaries, and WHEREAS, the municipal parties hereto agree that a joint refuse dis- posal operation would be mutually beneficial to the TOWN and the VILLAGE, and WHEREAS, said 'rom and VILlAGE desire to fix and determine the terms and conditions governing VILlAGE participation in the existing landfill operation, and to establish procedures for resolving their future refuse disposal problems as a joi~t co-operative undertaking. NCM THEREFOOE, BE IT MUI'UALLY AmEEn AS FOLI.GlS: SECTION 1. That the TOWN does hereby grant to the VILLAGE the right to dU1llp refuse, garbage and other waste at the site of the present TGJN sanitary landfill, upon the terms and conditions hereinafter set forth. SECTION 2. That such right shall be limited to refuse, garbage .and other waste which originates within the boundaries oX the VILLAGE, as such boundaries presently exist or may be extended by annexation of territory. All of such waste shall be accepted by the TGlN upon the terms applicable .to the fOllowing categories: (a) Waste delivered to the landfill site by the VILLAGE in the course of its normal municipal refuse collection; - such waste shall be accepted in accord,ance with the terms and conditions of this agreement; (b) Waste from commercial enterprises, apartment complexes or any other source from which the VILLAGE does not collect waste; - such waste shall be accepted by the Ta-lN upon the same terms and conditions that would prevail if the source of such waste were located in the Town, outside of the Village; and IF'" -'"'""'11 _"6' ,,~_ \ ;, .t.. (c) Waste not included in sub-paragraph (b) above, and delivered to the site by individual Village residents or property owners; - such waste shall be accepted in the manner provided ~or residents or property owners in the Town, outside ~ the Village. SECTION 3. That except as herein otherwise set ~orth, the VILLAGE shall use said site in accordance with the rules and regulations established by the TOWN in a resolution duly adopted by the Town Board on June 24, 1968. SECTION 4. That.the VILLAGE shall collect refuse, garbage and other waste using its own employees and vehicles, and shall transport and dump the same at locations on the TOWN site designated by the Town Highway Superin- tendent or his representative; that the proper disposal ~ all waste material ., so deposited shall be the obligation of the TOWN, as sole operator ~ the lanMill project; that the TaVN and the VILLAGE Superintendents o~ Highways shall agree upon mutually acceptable hours ~or the VILLAGE use ~ the land- fill site, provided, however, that such schedule shall include each week at least eight (8) consecutive hours on two (2) consecutive working days, and one additional period ~ eight (8) consecutive hours. SECTION s. That in consideration for the rights herein granted, the VILLAGE agrees to pay the TOWN monthly on the basis ~ all waste deposited by the VILLAGE during the prior month. Payment shall be made in accordance with the ~ollowing agreed rates: ~or compacted waste delivered to the site, $1.00 a cubic yard, and loose waste so delivered, $5.00 a ton. At the end ~ each month the TOWN shall submit to the VILLAGE an itemized voucher7 which shall be audited and paid by the VILLAGE at its regular meeting next succeeding the receipt o~ said voucher. IT IS UNDERSTOCD AND A~EED that the rates above specified are based . upon the TCMN'S present cost ~ operation of the lanMill project. Unless waived by both parties hereto, such rates shall be re-evaluated every three (3) months and re-negotiated as the reasonable cost ~ operation may ~rom time to time increase or decrease. SECTION 6. That the TOWN shall conduct thelanMill operation, and shall have exclusive jurisdiction and control over all matters pertaining to the proper operation and maintenance of the project. That the VIlLAGE shall participate only to the extent herein spec~ically set forth. f_.' ,..". ... "- " . SECTION 7. That all claims, demands, disputes, differences, contro- versies, and misunderstandings arising under, out of, in connection with, or in relation to this contract shall be submitted to and shall be determined by arbitration in accordance with the provisions of the Civil Practice Law and Rules of the State of New York. SECTION 8. That this agreement shall commence on the date upon which the same is fully signed and executed, and shall terminate three (3) years from such date, unless sooner cancelled by reason of the terms and conditions of a certain agreement between the County of Dutchess and the TOWN made and executed June 21, 1968. That any of the foregoing to the contrary notwith- standing, this agreement shall not become effective until the VILLAGE has obtained permission from the County of Dutchess to participate as herein set forth, pursuant to the provisions of the contract last above referred to. SECTION 9. That the TCWN and the VILLAGE believe the disposal of refuse, garbage and other waste material is, and will continue to be, a matter of mutual concern. That they therefore desire to establish procedures for resolving future refuse disposal problems as a joint co-operative under- taking, and in furtherance of such desire do agree: (a) That this contract shall be renewed from time to ti~e for as long as the TOWN shall continue to operate the present sanitary landfill operation. Except as to term, such renewals shall be on the same terms and conditions hereinabove expressed, unless otherwise mutually agreed. (b) That at any time in the future, should either party hereto make other arrangements for garbage and refuse disposal, whether by substituted landfill site or by any other means, and whether operated by the T<MN, the VILLAGE, or a separate district formed for such purpose, the other municipal party hereto shall have, and is hereby granted, the right to participate in any such other arrangement by a contract of municipal co-operation pursuant to Article S-G of the General Municipal Law. IN WITNESS WHEREOF, the parties hereto have entered into and executed . f 1 i ." fF"".'~ ,.~ _. " \ . .. '" this Agreement the day and year first above written. By Supervisor, signed c4 November, 1968 , N. Y. , ,pr'." 7,.~ ''''',.-- 10 \. J ". SCHEDULE "A" All that certain lot, piece or parcel of land, lying and being in the Town of Wappinger, County of Dutchess and State of New York, being more particularly bounded and described as follows: BEGINNING at a point, said point being on the westerly side of State Route 376 and being on the northern boundary of the Dutchess County Airport; thence South 890 15' West l25~ feet to a point on the east shore of Wappinger Creek, which shore is also the property line of the Dutchess County Airport; thence Southerly and \'lesterly along the eastern shore of Wappinger Creek, which is also the property line of the Dutchess County Airport, 2,400~ feet to a point; thence through the lands of the Dutchess County Airport South 190 SO'. East 1,290:t feet, North 660 40' East 1,730~ feet to a point on the westerly side of State Route 376, thence Northerly along the westerly side of State Route 376 l820t feet to the point or place of beginning. or All bearings and distances were scaled from a map entitled "A Portion of Dutchess County.Airport" furnished by the office of the C01lltllissioner of Public \'lorks, Dutchess County, New York, dated April 24, 1968. ",- fr-, """'IW .-