PB-233 873

THE DBS  MOINES STORY.  A REPORT ON THE
IMPLEMENTATION OF THE SOLID WASTE
MANAGEMENT  PLAN FOR THE DES MOINES
METROPOLITAN  AREA SOLID WASTE AGENCY

Robert C .  Porter

Des Moines Metropolitan Area Solid  Waste
Agency
Prepared for:

Environmental Protection Agency


1974
                         DISTRIBUTED BY:
                         National Technical Information Service
                         U. S. DEPARTMENT  OF COMMERCE
                         5285 Port Royal Road, Springfield Va. 22151

-------
 BIBLIOGRAPHIC DATA
 SHEET
          _530SW70D
          PB   233   873
4. i iii<- .in,. Subtitle 'The Des Moines Story
A Report on'the  Implementation of th« Solid;Waste Management
for the Des Moines Metropolitan Area Solid Waste Agency
                                                                Plan
            5- Report Date
             1974
                                                                    6.
  Authorise Robert  C.  forter, Agency  Director., and Henningson,
Durham and Richardson, Engineering Consultants
           8- Performing Organization Kept.
              No.
9. Performing Organization Name and Address

       Des Moines  Metropolitan Area Solid  Waste Agency
 ••*     Des Moines,  Iowa 50317
            10. Project/Task/Work Unit N..
            11. OBHKXR/Grant No.

            GO-6-EC-G0244
12. Sponsoring Organization Name and Address

       U.S. Environmental Protection Agency
       Office of Solid Waste Management Programs
       Washington,  D.C.  20460
            13. Type of Report & Period
              Covered

            	    Final report
            14.
15. Supplementary Notes
16. Abstracts  The  report presents the  sequence of events that  led  to the formation arid  imple
nentation of a  multijurisdictional  agency for solid waste collection and disposal.   The
Des Moines Metropolitan Area Solid  Waste Agency (METRO) was formed by two counties and
twelve cities and towns under the provisions of the State Intergovernmental Cooperation
Act.  Many technical, legal, financial and political problems were encountered by the
Agency.  Metro  had to defend itself through the Supreme Court of Iowa an two separate
occasions before  major stumbling blocks could be cleared away,permitting full operation.
Part of the  court actions was to test  the constitutionality of  the basic enabling legis-
lation, and  to  test certain new legislation which the Agency had requested and received
from the State  Legislature.  This needed to be accomplished before revenue bonds could be
sold.  The other  court action was brought about by citizens attempting to prevent the
operation of certain sanitary landfill facilities.  Today the Agency is a successful
MPganlaation. which was created, severely tested, and has not only survived but is per-
forming a valuable function efficiently and economically.   •	
17. Key Words and Document Analysis.  17a. Descriptors


         waste disposal

         urban planning
T7b- Identifiers .'Open-KndeJ Terms
         solid waste management
17c. CfKATI l-'ieltl/Ciroiip
                                     Reproduced by
                                       NATIONAL TECHNICAL
                                      INFORMATION  SERVICE
                                       U S Department of Commerce
                                          Springfield VA 22151
18. Av.iil.iiiihtv Stateim'iit
19. Security Class (This
   Repi-rtl
	i \< i •\^SH;II-:D
20. .Si-ci-riiy < ias> ( I'lii.-
   I ' I t» •

     iiiiiiiiffllffiKS^£!*«TERWLs
                                                                              21. No. of Pages
                                                                              22 Pric

-------
                  NO f ICE





THIS DOCUMENT HAS $EEN  REPRODUCED FROM THE



BEST XTpBpy FJJRNIStH^ff) US BY THE  SPQNSOARING



AGENCY.  ALTHOUGH IT  IS RECOGNIZED THAT  CER-



TAIN PORTIONS  ARE ILLEGIBLE,  IT IS BEING RE-



LEASED IN THE  INTE-REST OF  MAKING  AVAILABLE



AS MUCH  INFORMATION  AS  POSSIBLE.

-------
                HENNINGSON, DURHAM &  RICHARDSON
                  ENGINEERING • ARCHITECTURE • PLANNING • SYSTEMS • ECONOMICS

                                                   8404 Indian Hills Drive
                                                   Omaha, Nebraska 68114
                                                   June 15, 1973

     Chairman and Board of Directors
     Des Moines Metropolitan Area Solid Waste Agency
     3121 Dean Avenue
     Des Moines,  Iowa 50317

     Attention:        Mr.  Lloyd Sievers, Chairman

     Re:              Solid Waste  Management Plan Implementation
                      Report
                      HDR Project No.  3170406

     Gentlemen:

     In accordance with our Engineering Agreement dated July 28,  1969, we are
     submitting the attached report entitled "The Des Moines  Story  - A Report
     on the Implementation of the Solid Waste Management Plan for  the Des Moines
     Metropolitan Area Solid Waste Agency".

     This report records and documents the implementation of the Solid Waste
     Management Plan proposed in our original report in 1968,  concerning the
     solution to solid waste problems in the Des Moines  Metropolitan Area.  It
     also contains certain conclusions and recommendations which will be of
     value to others contemplating  the formation of a similar  agency as  the or-
     ganizational structure  for intergovernmental cooperation in the solution of
     common problems.

     This report has been a joint effort of your Director, Mr. Robert C. Porter
     and this firm.  He has carried the responsibility  for bringing the Agency
     from its formation to its current state of successful operation  and has par-
     ticipated in every part of the preparation of this report.  We have been the
     principal consultants to the Agency during the implementation period and
     have taken great pleasure in participating,  on a day-by-day basis,  in its
     development.
AHA • DENVER • PHOENIX • DALLAS • CHARLOTTE • WASHINGTON,B.C. • PENSACOLA • MINNEAPOLIS • NORFOLK.VA. • HELENA • TEXARKANA

-------
TKfs' report  has been, revi'ewejck By/ the u>,S_. Environmental
Prdti«*ctsion' Agency and appTowed' for, pufelieatipn..  App.royal;
d'de^ ri;oti  signify that the  consents; necessarily/ Beflercb the
Vi'e%a- and policies of tshe  U..S.. Ettwferonjnentai Protection
Agency, nor  do'es mention of< eonnne-rGi«a-l\.products constitute
eiidors^ement  or recommendation for use-b.y the U.S. Government.
An- erivifonraental' protection- publication  (SWr-.TQd)  in the
solid waste management series.

-------
                       THE DES MOINES STORY

 A Report on the Implementation of the Solid Waste Management Plan
      for the Des Moines Metropolitan Area Solid Waste Agency
        This final report (SW-70d) on work performed under
Federal solid waste management demonstration grant no. GO-6-EC-00244
      to the Des Moines Metropolitan Area Solid Waste Agency
        was written by ROBERT C. PORTER, agency director,
  and HENNINGSON, DURHAM AND RICHARDSON, engineering consultants,
          and is reproduced as received from the grantee
               U.S. ENVIRONMENTAL PROTECTION AGENCY
                               1974

-------
                                                              *  ,  ' » - , .
Chairman and Board of Directors                              Pa^e Two
•We believe the current and previous members of the Board of "bi'rectors
should be -proud of its accomplishments.  They should also be c'omirfe'nded
for having the couiatge to enthusiastically work for aiid supp'ort a ve'ntlure
originally considered unique, even'when delays,  adversity and triticis'm
.appeared to threaten the very existehee of the infant Agency.

Today,  the Agency has more members than when originally fo'rm'ed.  Some
municipalities who left for one feas'on 'or -another have returned 'atfd were
welcomed back.  In the future, others will seek to join and enjoy tn'e bene-
fits of the organization you have  created.

The Agency is known throughout 'tn'e  United States and is regarded as a
pioneer in municipal cooperation in the solution of mutual problems.

The new legislation which this Agency proposed and obtained, the Supreme
Court decisions and the very favorable revenue bond financing are just a
few of the valuable contributions which this  Agency has made to the  manage •
ment of solid waste problems.

This  report is really a success story and we are pleased to have been as-
sociated with you, your Director arid staff.

Very truly yours,

HENNINGSON, DURHAM & RICHARDSON
By.
      R. J.  Peterson, P. E.
      Assistant Vice Preside'rit

-------
                          DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY
                                                               3121 DEAN AVENUE
ROBERT C. PORTER. Director                                              OES MOINES. IOWA 60317
                                   June  13,  1973                AREA CODE 515 265-8106
      Mr.  Lloyd Sievers,  Chairman
      and  Members  of the  Board of Directors
      Des  Moines Metropolitan Area
      Solid Waste  Agency

      Dear Lloyd:

            The  attached report,  entitled The  Des  Moines  Story-A
      Report  on the  Implementation of the Solid Waste  Management Plan
      for  the Des  Moines  Metropolitan Area Solid  Waste Agency*  was
      prepared  as  part  of the requirements of Grant #1-D01-U1-00244-01
      and  5-606-EC-00244-02  from the  U.S. Public  Health  Service,
      Department of  Health,  Education and Welfare.

            In the  preparation of this report  our  Consultant,  Henningson,
      Durham  and Richardson  and I have tried  to actually record and
      document  the implementation of  the solid waste management plan.
      Although  we  have  set forth the  facts and explained the  background
      on the  important  events there is no practical way  to fully
      explain the  frustrations that were encountered.  In looking
      back we sometimes found it difficult to understand them ourselves.
      Perhaps this is the price to pay for innovation.

            The  implementation has been a success.   Although there is
      room for  much  improvement the Agency is operating  effectively
      and  economically  and provides a service for which  it was
      created.   It has  been  demonstrated that communities can create
      a municipal  entity  to  jointly solve their solid  waste problems.

            A  transcript of this report has been reviewed with the
      Federal project officer responsible for the administration of the
      Grant and this final report has incorporated  his comments.

                                   Yours very  truly,
                                / Robert  C.  Porter,  P.E
                                  Director
       RCP: fma

-------
                           ACKNOWLEDGMENT
This ;repQrt .and; the completion of the project was matte 'possible t5nly
through the cooperation of a multitude of people too •numerbu^ttoiii'e"riti'fy
individually and many organizations, all of whom cooperated in theilrcown
way to assist in implementing the grant.

Foremost amongst those who .should be  acknowledged should be ;Mr.
Qhajrles W. Vajftdejr Linden, Jr.,  ;past -Des Moines CouncMrozn an idea to an operational 'entity.
AH major Des Moines City Departments must be thanke'd for their ef-
forts in providing the legal, financial and management advice and equip-
ment care and support -.during -the A-gency's formative period.

Among the news media, KRNT must be singled out for thanks •.  -I'tS coh-
,tinuing public service efforts in publicizing the Agency's  daily schedule
are immeasurable.

Thje members  of the Agency Board of Directors must be acknowledged
for their  patience and many hours of time.   Their discussions and decision
making have formulated the policies to get the Agency moving.

-------
                    DBS MOINES METROPOLITAN
                    AREA SOLID WASTE AGENCY
                     BOARD OF DIRECTORS

Chairman                                    Mr. Lloyd D. Sievers
Vice-chairman                               Mr. Richard R. Davidson

Mr. Russell Dalton, Councilman from the Town of Polk City.
Mr. Richard R. Davidson, Councilman from the City of West Des Moines,
Mr. Charles Dowler, Councilman from the City of Norwalk.
Mr. James Erickson, Councilman from the City of Urbandale.
Mr. Carl Gavin, Supervisor from the County of Polk.  (Chairman  71-72)
Mayor Jim Hay, Mayor from the Town of Mitchellville.
Mr. Jim Hutcheson, Councilman from the Town of Grimes.
Mr. Keith Kendig, Councilman from the Town of Elkhart.
Mr. Robert Leonard, Councilman from the Town of Johnston.
Mr. Stanley Miller, Councilman from the Town of dive.
Mr. David Person, Councilman from the Town of Runnells.
Mr. Harold Rozenberg, Councilman from the Town of Bondurant.
Mr. Lloyd Sievers, Councilman from the City of Altoona.
Mr. Kurt Urban, Councilman from the City of Windsor Heights.
Dr. Ollie Weigel, Councilman from the City of Ankeny.
Mr. Jack Woods, Councilman from the City of Des Moines.
DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY STAFF

Mr. Robert C. Porter, Director - Secretary & Treasurer
Mr. Lee Becker - Project Engineer
Mrs. Marie Adair - Office Manager
Miss Jeanie Barlow - Receptionist
                            V'x-c

-------
            PAST MEMBERS OF THE BOARD OF DIRECTORS
Mr. Gerald Paullin
Mr. Richard Bianchi
Mr. Larry Clement
Mr. Gerry White
Mr. Roscoe Boles
Mrs. Margaret Westerhof
Mr. Walter LeBeau
Mr. Roy Porter
Mr. Russell Wiles
Mr. Charles VanderLinden
  (First Chairman)
Mr. Harry Bradley
Mr. Wallace Buss
Mr. Charles Fletchall
Mr. Jim Strand
Mr. Lawrence Gentry
Mr. Lowell Rasmussen
Mr. Lawrence Hopper
Mr. Herbert Winters
  (Vice-chairman)
Mr. Don McGillivrary
Mr. Verl Thornton
Mr. Leon Reinig
Mr. Thomas Barkley
Mr. Ray Nizzi
Mr. W. Kent Gaer
Mr. Elmer True
Mr. Ivan Johnson
Arikeny
Ankeny
Bondurant
Bondurant
Carlisle
Carlisle
Clive
Clive
Clive
Des Moines

Des Moines
Des Moines
Grimes
Grimes
Grimes
Mitchellville
Pleasant Hill
Pleasant Hill

Pleasant Hill
Polk City
Urbandale
Warren County
Waukee
West Des Moines
West Des Moines
Windsor Heights
1969
1971
1969
1970
1969
1972
1969
1971
1972
1969
1971
1971
1969
1970
1972
1969
1969
1970
1972
1969
1969
1969
1969
1969
1971
1969
- 1970
- 1972

- 1971
- 1970

- 1970


- 1970

- 1972

- 1971

- 1970

- 1971

- 1970
- 1970
- 1970
- 1970
- 1970

- 1970
- 1971
- 1971
- 1971

-------
                        INTRODUCTION

     In 1967, two of the counties and most of the cities and
towns in the Des Moines Metropolitan Area suspected that they
either had or could have problems with the management of solid
waste within their political jurisdictions.

     One of the smaller cities operated a first rate sanitary
landfill for city collected garbage but the unit cost of this
operation was expensive due to its size.  One of the counties
had a small facility which operated partly as a sanitary landfill
and partly as a dump.  The others had lesser facilities varying
from a large modified dump to no facilities at all.

     There was nothing unique about having common problems but
recognizing them at that relatively early date and organizing for
a common attack was unique indeed.

     The City of Des Moines applied for and received a federal
grant to assist in financing a comprehensive engineering study
of the regional problem, potential solutions and develop a common
plan of attack if feasible.  Two counties, 11 cities and others
joined in the grant to provide "In Kind" payment assistance.

     The study was completed and a report was published in the
spring of 1968.  This report found that there was technical,
legal, financial and political justification for a joint approach
to the solution of the area wide problem of solid waste manage-
ment and recommended that a Metropolitan Solid Waste Agency be
formed under provisions of the state Intergovernmental Cooper-
ation Act.

     There were many problems to overcome and many legal and
financial questions to be settled in the legislature and the
courts but the area leaders were determined to attempt to solve
an area wide problem with an area wide solution.  They formed the
Des Moines Metropolitan Area Solid Waste Agency as recommended in
the report and proceeded to implement the recommended plan.

     The U. S. Public Health Service recognized the potential
feasibility of this organizational structure and area wide
approach.  In 1969 they granted financial assistance for the
organizational and administrative expense of implementing the plan,

     It was anticipated that the Agency would be fully operational
within two years.  Unfortunately it was not.  This new Agency had
to defend itself through the Supreme Court of Iowa on two separate

-------
occasions before major stumbling blocks could be cleared away
permitting full operation.  Part of the court action was anti-
cipated to test the constitutionality of the basic enabling
legislation which had never been tested and to test certain
new clarifying legislation which the Agency had requested and
received from the State Legislature.  The other court action
was brought about by citizens attempting to prevent the Agency
from operating certain sanitary landfill facilities.

     In October 1970, the Agency was forced to start collection
and disposal operations prematurely even though permanent
financing was not yet available nor could the Agency legally
occupy and use its new landfill site.  Both the collection and
disposal equipment and the disposal site was not only old, and
over used, but also inadequate and borrowed.  The temporary
financial arrangements were special to the situation.  Obviously
this is not a desirable way to begin but long legal and
financial delays forced the Agency into this undesirable
beginning.

     Within the first year the Agency made great improvements
in the situation.  They occupied their new site, acquired
additional equipment and began to realize their potential.

     Today, the Agency is in a much stronger position.  The
revenue bonds for the permanent financing of the capital require-
ments of the Disposal Division have been sold.  Funds are now
available for the construction of first-rate facilities and the
necessary additional equipment all as originally contemplated.

     The Collection Division capital needs have been provided
through careful management of operating revenues.  When the
most recently purchased new vehicles are delivered, the daily
operating fleet will be up to the desired standards.

     Although the story is not complete, enough of the pieces
are in place or on hand to be a worth while guide to others who
may contemplate following this course of action.

     This report is a success story because the Agency has
been created, severly tested and has not only survived but is
performing a valuable function efficiently and economically.
It has done so because the leaders of this Metropolitan Area
were convinced that this was the best way to go and were willing
to do whatever was necessary in the face of opposition, delay,
misfortune and the magnitude of the task.
                            V

-------
     The report which follows is a documented history of what
the authors feel are the important events.  Included are
recommendations, conclusions, samples and a general explanation
of what happened during the implementation of this plan for the
management of solid waste on a metropolitan area basis.

-------
                            TABLE OF CONTENTS
                                DESCRIPTION
                                                          PAGE
TWO.
1HREE

FOUR
FIXE,
SIX,
             Narrative
Conclusions and Recommendations

A.    General
B,..   Organizational Structure
C.    For/matipn of' tfee,, Agency
D.    Personnel
E.    Professional Services
F.    Financial
G.    Site Selection.
H.    Site Acquisition,
I.     Law Suite to Use. the Site
J,.    Site Development
K..   Operations
L.    Public Relatipns,

The Agency as an Organizational Structure

Formation, of the A ge,iu:y
      a
A.    Original Agreement
B.    Implementation Gr,ant
C.    Current Agreement
D.    Legal Basis
      1.    State Statutes.
      2.    Co,ur:t

Personnel
                                                                           3O
      Organization
      Administrative- S,t;aff
      Operations .Staff f
             A.
             B.
             C.
             D.
Professional Services

A.    Legal
B.    Engineering
C.    Financial
D .    Ace ounting
                                                              S'Q >
                                                                            ST/

-------
PART
SEVEN
EIGHT
NINE

TEN
TWELVE
                        TABLE OF CONTENTS (Cont)

                                DESCRIPTION
PAGE
             Financing
             A.   Source of Revenue
                  1.    Collection
                  2.    Disposal
             B.   Operating Expense
             C.   Financing of Capital Requirements
                  1.    General
                  2.    Collection
                  3.    Disposal

             Site Selection

             A.   General
             B.   Criteria
                  1.    Land Use
                  2.    Access
                  3.    Environmental Acceptability Surface
                          and Subsurface Testing
                  4.    Adequate Cover Material
                  5.    Minimum Driving Distance
                  6.    Economical Land Cost
                  7.    Terrain Features
                  8.    Final Use Plan
                  9.    Availability
             C.   County Special Use Permit
             D.   State Regulations

             Site Acquisition

             Law Suit to Use Site
                                                                          65'
                                                                         10
ELEVEN     Site Development
             A.   General
             B.   Final Use Plan
             C.   Cover Requirements and Earth Movements
             D.   Design of Site Development
                                                                          H
             Operations
             A..   Collection
             B.   Disposal

THIRTEEN  Public Relations
                                                                         /of

-------
                 OF DOCUMENTS FOUND IN THE APPENDIX

DOCUMENT NO.                          DESCRIPTION
PART ONE

PART TWO

PART THREE

PART FOUR

   ,,IV-1
    IV-2
    IV-3

    rv>4

    IV-5


    IV-6

    IV-7
    IV-8

    IV-9


PART FIVE

    V-l


RA&T SDC  '

    /VI-1

 •  v;VI-2 •

    VI-3
None
None
None
Sample Agreement - Cooperation to Obtain Study.
Resolution of Intent
Intergovernmental Agreement Creating the .Des Moines
 Metropolitan Area Solid Waste Agency
Resolution Authorizing Application for Implementation
  Grant
Amended and Substituted Intergovernmental Agreement
  Creating the Des Moines Metropolitan..Area Solid
  Waste v Agency
Chapter 28E of the Code of Iowa - "Joint Exercise of
  Government Powers".
Chapter 394 - Code of Iowa "Self-Liquidating Improvements"
Chapter 28F - Code of Iowa "Joint Financing of Public
  Works and Facilities".
Iowa Supreme Court Decision - Sept. 2,  1970
  (Court Test •< Gorham vs.  Des Moines)
Personnel. Rules and. Regulations for So lid vWaste Collection
  and Disposal Employees
Contract.and Agreement - Henningson, .Durham
  & Richardson with Agency
Finahci al C oris ultarit Agree me nt - .C ar le t(on";-D. -'JJieh. C p.
  with. Agency
Accounting. Manual for the Des  Mp.ines Metropolitan
  Area^Solid Waste Agency

-------
             LIST OF DOCUMENTS FOUND IN THE APPENDIX (Cont)

DOCUMENT NO.                        DESCRIPTION
PART SEVEN

    VII-1

    VII-2

    VII-3


    VII-4
    VII-5
    VH-6
    VII-7
PART EIGHT

    VIH- i
    VIII-2
PART NINE

    IX-1
    IX-2
    IX-3
    DC-4
City of Des Moines - Agency "Temporary Solid Waste
  Agreement"
Municipal Code of Des Moines,  Iowa - Solid Waste
  (Sec. 52A)
Financial Feasibility - Disposal Division Revenue Bond
  Issue - and Collection Cost Breakdown -  Letter form
  prepared by Henningson,  Durham & Richardson
A Resolution Authorizing the Acquisition and Construction
  of Two Sanitary Landfill Sites and Equipment therefor
  and the acquisition or  construction of  an  administrative
  building on land acquired for  such purposes by the
  Des  Moines Metropolitan Area Solid Waste Agency
  and Authorizing the Issuance  of Solid Waste Disposal
  Revenue Bonds in a principal amount of $2, 000, 000
  to finance the cost thereof and providing  for the rights,
  remedies and security of the  holders of said bonds.
Resolution authorizing the issuance and  Sale of $2, 000, 000
  solid waste disposal revenue  bonds of the Des Moines
  Metropolitan Area Solid Waste Agency and designating
  the type of membership in said Agency and further
  authorizing the execution of a solid waste disposal service
  contract with said Agency.
Solid Waste Disposal Service Contract.
An Ordinance Authorizing the Levy and Collection of Rates,
  Fees,  Tolls and other charges from the Residents of the
  Member Municipality for  the  Services of the Disposal
  Facilities provided by the Des Moines Metropolitan Area
  Solid Waste Agency.
County Zoning Ordinance.
Iowa State Department of Health Rules for Sanitary
  Disposal Projects
Offer to Buy Real Estate and Acceptance
Extension Agreement
Letter of Intent to Use Site
Letter on Power  of Eminent Domain (M. A.  Iverson,
  Asst. City Attorney of the City of Des Moines, Iowa
  to Agency).

-------
          LEST OF DOCUMENTS FOUND IN THE APPENDIX (Cont)

        NO.                         DESCRIPTION
  T-EN

X-l           District Court Kuliiig on Law Suit to U:8fe Site
X-2           Iowa Supreme Couist Decision on Law Suit to
                Us* Site

-------
LIST OF FIGURES AND TABLES
PART
ONE
FIVE
ELEVEN
 FIGURE or
   TABLE

Figure I- 1

Figure V-l

Figure XI-1
Figure XI-2
Figure XI- 3
Figure XI-4
Figure XI-5
Figure XI-6

Table XI-1
Table XI-2
          TITLE

Critical Path Schedule

Organizational Structure

Final Use Plan
Soil and Waste Volumes
Cell Construction
Site Plan
Scale  House - Metro Park East
Maintenance Bldg. Metro Park East

Soil and Waste Volume Report
Optimized Earth Movement Plan
                                               Following
                                               Page Number

                                                1-10

                                                5-1

                                               11-3
                                               11-4
                                               11-4
                                               11-7
                                               11-7
                                               11-8

                                               11-4
                                               11-5

-------
                     PART I  NARRATIVE

     In July, 1969, twelve cities and towns and two counties
formed the Des Moines Metropolitan Area Solid Waste Agency.
The Agency type organizational structure was selected by these
entities to create a service organization that would own and
operate collection and disposal facilities for its member
political jurisdictions in the metropolitan area.

     The concept of an agency for this purpose had been the
recommendation of an engineering study and report completed
the previous year.  The study had investigated the entire solid
waste management problems in the metropolitan area and concluded
in part that these problems could best be solved on a cooperative
basis rather than each political jurisdiction providing for its
own needs.

     For years, various political jurisdictions have been
using authorizing legislation and its specific and implied
authority to form and operate joint activities.  Regional
Planning Councils are examples of separate agencies organized
to serve two or more separate political jurisdictions.  This
Agency, however, was to be quite different in one important
aspect.  Unlike the traditional agency in the past, this one
would not be supported financially by member contributions.

     The instrument used to create the Agency was an inter-
governmental agreement contained in the original report which
set forth the legal authority under which the Agency would
operate, its purpose, organization, powers, financing and
other features.

     The agreement was based on the then existing state law
and was broad in scope but completely adequate to establish
the Agency.  Once established it could then come to grips with
specific problems of organization and financing.

     The existing Iowa legislation contained authority for
political jurisdictions to issue revenue bonds for self-liquid-
ating projects.  It also contained broad authority for cities,
towns and counties to do jointly whatever they could do
separately.  It logically followed therefore that if they
had authority to issue revenue bonds individually they could
do so jointly.

     The initial capital funds for the Agency were to be raised
through a bond issue or issues and its costs supported by user

-------
 fees.  The introduction of prospective bond buyers  and  their
 careful and narrow  interpretation of  the  law  complicated  the
 legal status of  the Agency.  Prospective  bond buyers do not
 normally accept  implied authority - they  demand  specific
 statutory authority for such a new issue.  They  also demand that
 the  statutory authority be tested in  the  courts  so  that the
 constitutionality of  the law can be proven.   This is: not  an
 unreasonable position to take because they want  to  minimize the
 risk of some taxpayer suing and winning a case to have  a
 revenue supported facility stopped on the basis  of  some unconsti-
 tutional authorization.  They could stand to  lose a portion or
 all  of their investment if a suit were instituted.

     There were  other ways around the problem of the! Agency
 issuing revenue  bonds which involved  individual  member  issuing
 bonds and the Agency  leasing the facilities and  equipment
 purchased with the  bond proceeds.  However, this Agency
 decided to attempt  to obtain the necessary clarifying specific
 statutory authority and to carry out  the  court tests' which
 would clear any  doubts and also simplify  the  task for other
 agency type organizations in the future.

     In addition to the legal and financial problems, there
 were also many other  tasks to be accomplished before they
 could collect or dispose of the first pound of solid waste.
 These activities require a staff of people, a variety of
 professional consultants, the necessary support  funds and time.

     The original committee applied to the U. S. Public Health
 Service ^for financial assistance in organizing and  implementing
 the  recommended  solid waste management plan including the
 resolution of the statutory and financing problems.  A  two
 year implementation grant was awarded for this purpose  on
 June 1, 1969.

     The Agency  hired a director in July, 1969,  and charged
 him with'the responsibility of assembling the necess.ary staff
 and  resources, making all preparations and solving  all  probJems
 leading eventually  to the operation of collection and disposal
 faci3 ities and services for the metropo]itan  area member
 political jurisdictions.

     It took a little over one year to commence  physical
 operations and then the Agency was hampered by a lack of
 permanent financing for its capital needs.  Almost  two  years
was  taken up by  the initial legislative program  and subsequent
                             	-p

-------
court tests.  Additional time was required for another court
case which was neither planned or scheduled, and some slippage          j
occured.  There were times when it appeared that no progress            |
was being made as frequently the Agency was marking time.               |
Sometimes plans would go wrong and all of the work accomplished         ,
would be wasted.  This was particularly true in the case of             !
acquiring suitable sites for sanitary landfilling.                      !

     When the disposal plans were delayed the collection plans
were also delayed because it was planned to finance capital             i
needs for both operations through a single bond issue.  Later this      j
was changed and as things worked out the collection service could
have started at least one year sooner.  All of this will be             j
explained later in this narrative and is discussed in detail
in the several other parts of this report.

     The Director and the Board of Directors of the Agency
engaged the engineering firm of Henningson, Durham and
Richardson to provide the design and technical services which
would be required to implement the solid waste management plan
and to provide consultation on other matters during the
implementation period.  The same firm made the original study
that recommended the formation of the Agency and prepared the
preliminary inter-governmental Agreement used as the instrument
to form the Agency.  They had also prepared the technical,
organizational and financial foundation plan upon which the
management plan was based.

     The original committee and the City of Des Moines turned
to the law firm of Mudge,  Rose, Guthrie and Alexander of New
York City to assist in matters of state legislation and to
act as Bond Counsel for the Agency bond issues.  Through the
joint efforts of this firm, the legal staff of the City of
Des Moines and certain members of the Agency and staff,
proposed legislation was prepared and presented to the 63rd
General Assembly of the State of Iowa.  An act was passed, now
known as Joint Financing of Public Works and Facilities -
Chapter 28F of the Iowa Code, which provided specific statutory
authority for joint financing of public agencies.

     This act, by reference to the Joint Exercise of Governmental
Powers - Chapter 28E and Self Liquidating Improvements — Chapter
394,  provided the clear specific statutory authority which the
Agency had sought.

     Mudge,  Rose, Guthrie & Alexander and the legal staff of

-------
 the City of Des Moines,  recommended certain changes be made in
 the Intergovernmental Agreements which created the Agency.
 These changes included specific financing methods, which were
 authorized by the new state legislation and other legal matters
 which could be tested in the courts.   Such a test to determine
 the legal status and competence of the Agency and the constitu-
 tionality of the several state statutes was necessary to satisfy
 the potential bond buyers of Agency issued revenue bonds.

      Once the subject of potential detailed changes to the
 Agreement were raised,  the problems of seeking approval from
 the full membership became apparent.   Most member municipalities
 submitted the proposed changes to their legal advisors who
 then re-submitted the documents back to their respective
 councils.  With the City of Des Moines legal staff acting as
 coordinators and negotiators,  the issues were eventually   '
 settled.   But each new attempt required a new legal review  by
 all of the members and their subsequent council  action.  There
 were five separate attempts made to secure an amended agreement.
 Finally the fifth version was  adopted as the Amended and
 Substituted Agreement.   The final action was taken in December
 of 1969.

      Only those members  executing the Amended and Substituted
 Agreement were considered as members  of the Agency.   Several
 members by either lack  of action or by specific  rejection are
 not now members of the  reformed Agency.   Several  new municipal-
 ities were accepted into the Agency in addition  to the original
 members.   At the time of this  report  there are 14 members.

      After the Agency adopted  the Amended and Substituted
 Agreements and was thus  operating under the new provisions,  the
 members passed a Resolution authorizing the issuance of Revenue
 B.onds in  an amount not to exceed 2 1/4 million dollars.   This
 Resolution was also passed in  December,  1969.

     .With the new legislation,  the Amended and Substituted
.Agreement,  and the Agency Board authorization of  a revenue
 bond issue,  the stage was set  for the required court test.
 The  case,  Gorham vs.  Des  Moines,  was  settled in the  District
 .Court,  in the Agency's favor in the spring of 1970,  and in  the
 Supreme Court of Iowa in  September 1970.   Details of .this
 court, action are included in, Part IV.

      The  Carleton D.  Beh  Company of Des  Moines, Iowa was
 .selected, as  the Agency's  financial  consultant  and was engaged

-------
to assist  the Agency  in  financial matters, advise in the court
case, and  to perform  the customary  services to market the Agency's
revenue bonds.

     This  firm working with the Director, the legal staff of
the City of Des Moines,  the Engineering Consultant, and Mudge,
Rose Guthrie. and Alexander, the Bond Counsel, began the task
of preparing the necessary documents to market the revenue bonds.
This task  was very important because the Agency would not have
any funds  for capital expenditures  for land, improvements,
equipment  or operations until the bonds were sold.  As it
turned out, operations were started prior to the sale of bonds
but this will be explained later.

     Within a short time after the  Agency's Director was hired,
attention  was channeled towards locating specific sanitary land-
fill sites.  The original report recommended that two sites be
acquired,  one in the  general northeast part of the metropolitan
area and one in the southwest.  The Agency is pursuing this
concept and has adopted, as a matter of policy, that there will
be two sites widely separated.  Although the original reasons
for the two sites were based on sound engineering and economic
considerations, which were explained in the original report,
the policy was stated for other reasons in response to the demands
of neighbors of a potential site.   The neighbors wanted the waste
split among two or more sites so that traffic to each site would
be reduced and no one area would become "the dumping ground"
for the entire areas waste.  The potential sites in this area  .
were all on road systems where the  traffic would not be a
problem but site neighbors were afraid of being inundated in
garbage trucks and landfill sites in general and in their
desperation singled out traffic as  a major arguing point.  The
idea of one area being a dumping ground carries a social stigma
which will be difficult to combat until the community has
properly operated, nuisance free sanitary landfills.  Even if
the original reasons  for two sites  were to change and a single
site became the technical and economic optimum, the Board would
still be committed to two sites as  a political necessity.

     This metropolitan area has the same bad image of sanitary
landfills  as found in many other parts of the country.  They
have had experience with previous open burning, unregulated or
poorly regulated dumps in the past  and have difficulty realizing
that a sanitary landfill is different.  A great amount of effort
has been expended to combat this bad image.  Many people now
know what  a -sanitary landfill is and how it works but they do
not trust public agencies or private concerns to actually operate

-------
one properly.  The newspapers, television and radio stations have
frequently given the Agency excellent support in this matter but
then again they have also reported "news" sometimes unfairly
which gave a bad image.  The record is clearly a good one but
the public is confused.  Eventually the public will be fully
informed or at least as informed as the public can be but this
will be long after the Agency is operational at both sites.

     It would have been desirable if the Agency could have
decayed any specific site selection until after all of the legal
work and court action was completed but this was not practical
under the circumstances.  The entire area was desperate for
disposal facilities which necessitated early action in the site
selection process.

     Dozens of sites were considered in various parts of the
Metropolitan Area.  Most of the sites were rejected after very
preliminary analysis but others received more detailed analysis
including subsurface geological investigations.  On some of the
sites, options were obtained and public hearings were held.

     The public hearings were largely emotional protest meetings
attended en masse by potential site neighbors, sometimes from
miles away.  Although carefully prepared presentations were "
made showing the analysis which was conducted to determine the
suitability of a site, the protesters could not be persuaded
to consider the facts, or even to listen.  They generally had
one objective 	 have the site moved some place else.  The
search for suitable sites continued month after month.

     Meanwhile public-informing trips were organized to take
persons interested in Agency affairs, and particularly sanitary
landfills, to see suitable operations in other communities.
Included in the list of guests were selected Agency Members,
Mayors, County Supervisors., newspaper men, television men, a
physician who was the Chairman of the Chamber of Commerce Public
Health Committee, a State Legislator, a Representative of the
Gardeji Clubs, members of the School Board, proposed site neighbors,
objectors and several members of the County Zoning Boards of
Adjustment who would be. responsible for the issuance of special
use permits.  The trips were conducted in small groups in small
aircraft.  In each case, they were shown two operations in the
Minneapolis-St. Paul area.  These operations were not perfect; but
did.show that .the sanitary landfill could be a good neighbor"and
not cause .a nuisance.  In general, the informational trips were

-------
highly effective, but in some cases guests who were prospective
site neighbors would not believe what they saw.  Public officials
however, came away informed and more receptive.

     After many disappointments, the Agency did find a suitable
site with ^willing seller in the Eastern part of the service
area.  The details of the acquisition and development of this
site, now known and operated under the name Metro Park East are
described in detail elsewhere in this report, only a summary
will be discussed here in this Narrative.  This site was investi-
gated for subsurface conditions and found suitable.  Before a
public meeting was held neighbors and officials in the site area
were taken on the site tour to Minneapolis-St. Paul as described
above.  Although they all saw good sanitary landfilling the
neighbors were not convinced.  The neighbors, through their
spokesman-lawyer, presented opposition to the site at the public
meeting.  This turned out to be a typical protest meeting with
testimony from neighbors, pictures, petitions and claims of
horrible damage to their property and the general vicinity.
They were no doubt sincere but so emotionally involved and
mistrusting that they would not listen to the proposals being
presented.  Fortunately, many of the community leaders and
officials who would decide this issue had been informed and were
willing to proceed with the acquisition of this site.  A purchase
Agreement was authorized by the Board of Directors of the Agency
to purchase this site subject to a number of conditions concerning
financing, legal right to use the site,permits and zoning.

     The subsurface conditions of this site had been checked in
a preliminary drilling program and the Engineers had determined
that the site was acceptable from a geological standpoint.  The
site also met all of the other site selection criteria.  The
Engineers then designed and supervised a complete testing program
to investigate the subsurface conditions in the degree of detail
necessary to confirm the preliminary finding, develop the inform-
ation necessary for the design of the site development and
operational plans and to determine the refuse capacity of the
site.

     Development plans of this 400 acre site were prepared in
accordance with a previous agency decision to dedicate the final
use of this site to public recreation-specifically a golf course,
other recreation and to open space.  This final use plan
permitted the site to be designed for a very large volume of
refuse.                                            >.
                                7

-------
     Dedicating the final use of this site to public recreation
and open space precluded the Agency from selling the site upon
completion of the filling and thereby, eliminated the possi-
bility of recovering the $240,000 cost of the land purchase.
The Agency Board felt that the public relations benefit would
more than off-set the value of the land.  Even though the.
Agency held a purchase agreement and it appeared that they
would be able to finance the purchase, it was still necessary
to obtain a Special Use Permit from the County Zoning Board of
Adjustment.  The law requires this permit even though the land
was properly zoned for sanitary landfilling.  The County Board
must consider many elements when deciding whether or not to
issue the special use permit.  The County Board did grant the
permit and it is believed that the final use plan had a favorable
effect on the Board.

     The Engineers first designed a preliminary set of plans
for the site development.  This set included concrete entrance
roads, fencing, a combination scale and entrance building,
water supply, electric power supply, a maintenance building
with office, personnel facilities and equipment yard, landscaping^
area lighting, entrance sign and the layout of the golf course
and recreational areas. The plans also showed the subsurface
geological conditions and other useful graphics to be used at
the Special Use Permit hearing before the County Zoning Board of
Adjustment.

     As explained in detail in other parts of this report, the
Special Use Permit hearing was held in May of 1970 and the
County Board did issue the necessary permit.  This hearing was
a major undertaking involving extensive preparation.  Several
members of the County Board said it was the most thorough
presentation they had ever heard.  The Director with his legal
and engineering consultants realized that this was a vital
matter requiring their best efforts and it was successful.

     There was opposition of course, but they were not as well
prepared nor were they armed with graphics and factual data as
presented by the Agency.  Their chief attack consisted of
protesting by site neighbors claiming potential pollution,
traffic,  noise and other nuisance and the reduction of property
value.  Although they lost in their efforts to defeat the
granting of the Special Use Permit, they were not going to end
their efforts at this point.  The neighbors filed suit against
the County Zoning Board of Adjustment in the District Court
attempting to overturn the decision of the Board.

-------
     The plaintiffs delayed the case at every possible point.
They took all of the time legally allotted between each of the
several steps involved in the legal process.  They even requested
and were granted extra delays for a variety of reasons.  The
Agency on the other hand took every legal way to advance the
case in the minimum time.

     The Agency and the County Board prepared for a vigorous
joint defense.  The preparation was to take two paths.  One
path was basically legal involving the matters of the authority
and legal status of the County Board and their procedures.  The
other path involved technical matters concerning sanitary land-
filling and the associated activities.  The County Board was
represented by an attorney who normally represents them.  The
Agency was represented by a member of the legal staff of the
City of Des Moines who had been acting as the Agency's legal
counsel, plus the Director and the Engineering Consultants.

     When the case finally came to trial in late October 1970,
the judge permitted all of the technical information which had
been presented at the permit hearing to be reintroduced, not so
that he could substitute his judgment for that of the Board but
to assess the adequacy of the information upon which the Board
based its decision.

     The plaintiff also presented arguments attempting to prove
potential ground water pollution, nuisance and depreciation of
property value.  These arguments were effectively thwarted by
direct testimony from the Engineer Consultant's staff personnel
and by cross examination of the plaintiff's chief expert
witness.  The effectiveness of the defense was due largely to
the thorough preparation of the case and the familiarity the
defense lawyers had with the technical matters involved.  To be
effective in technical matters,  the lawyers were instructed to
the point that they completely understood what was to be
brought out in direct and redirect testimony and what points
should be pursued in cross-examining the plaintiff's witnesses.

     The District Court Judge ruled in favor of the Agency and
the County Board in October 1970 and the plaintiff's appealed
to the Iowa Supreme Court.   Again,  they delayed at each step of
the way and the Agency did everything they could to speed the
process.  The Supreme Court affirmed the lower court in mid-
summer 1971.

-------
     The permanent financing of the capital needs of the Agency
for collection and disposal was to be raised through the marketing
of Revenue Bonds.  As explained earlier, the first court test
case was necessary to satisfy the bond buyers that the Agency
and its bond issue were based on specific statutory authority
that was in fact constitutional.  This second case, however, was
definitely unwanted and caused serious delays.  To be marketable,
the bonds must carry the certification of the Bond Counsel that
states, in part, that there is no pending litigation.  They
could not do this because of the suit.  Because the site was
being contested, it was also impossible for the Engineers to
issue the Financial and Technical Feasibility Report showing
where the sanitary landfilling would be conducted.  With this
second suit in the courts, the Agency was effectively blocked
from selling the revenue bonds necessary for their capital needs.

     When the second suit was filed, the Agency decided not to
wait for the new oite and the permanent financing in order to
start operations.  It certainly would have been easier if the
Director and his staff and consultants could have waited but
public opinion and the member municipalities were getting
restless.  The Director was authorized to work out alternate
plans and to commence operations as soon as he could make the
necessary arrangements.  In the summer of 1970, plans were made
to start collecting domestic waste for the City of Des Moines and
providing disposal facilities for the entire area.

     As part of the planning process for an early operation,
the Director and the Engineering Consultant prepared a critical
path schedule of the work to be accomplished prior to the start
of any operations.  This schedule was found to be extremely
valuable not only for staff use but to explain to the Agency
Board what was involved.   A copy of the critical path schedule
is included as Figure  I -1 to illustrate the variety of tasks
which are involved in the preparations for operations.

     Concurrent with site selection activities the Agency
conducted negotiations with the City of Des Moines and in
October of 1970 an agreement was entered into between the Agency
and the City of Des Moines to take over the City's collection
equipment and crews and to temporarily use city facilities for
personnel, maintenance and parking.  The City also agreed to
meet the cost of the initial payroll expense and operating
cost subject to reimbursement from funds due the Agency from
the City for the services rendered by the Agency.  The equipment
received from the City was appraised and the Agency was to pay
for this equipment over a period of time.  The Agreement also
                                   /o

-------
                                                                                                                                                               NOTES:
                                                                                                                                                                      MS
                                                                                                                                                                      COLO CITV OP D V. S.TE_)

                                                                                                                                                                      M PE L. P» WETPO «PK
                                                                                                                                                                      MEW AGENCV SITE
                                                 NEGOTIATE MUJ3E5 FB    I	1 l*BOg APPgQVAl
                                                 guies • eeog   '	    I     7&~>	
                                                 ^™^S^^^^"*^j117 IAQEWC^^PPPOVA^
Bpercg ADKHJ OFFICE FOCC:E gc

              '"

PgtPAPE  DETAILED PgoCEPI
                                         n«TE PuPCrtASEOfCITY L.F. CgUJp     ^j  I                           /       j  [ CjECUTE 46PEgMjfeMTS rog L f gQLjiP.     I   Inot.ufn wuvEtV
                                                      fiOt             n,..|—AQEUCV APPPWM._!g_PUtX-ASE £.TV_4 COC   •,            *     TTl            T. It F EQUIP

                                         "Tita'r''"L'"!g,";"'"^@^—D  """'"   ""          /         U °"*" "~"/e"L''?"""  • ®—u       '   x
                                                                          B_.*eqiiige PIU*L Pier, giaurs

                                                                                       '*'    /
                                                                            ACOUIgE CiMAI- PIgT ^*JL;HC
                                                                                       <>o>   /
BPCER^gE PPELlMIMAgY CQST_OF^_
OJUETTIOU OPCPAHOMA 
-------
provided a similar arrangement whereby the Agency took over the
operation of the then existing city disposal site.

     The Agency entered into a contract with the City to provide
domestic refuse collection service on a weekly basis for a fee
which was nominally equal to $2.00 per dwelling unit per month.
The landfill operation was to be financed through gate fees
which were set at $.50 per cubic yard measured in the delivering
vehicle.  All of the details of the agreement contracts and rate
structures are contained in various other parts of this report.

     The target date for the start of collection and disposal
operations was November 1, 1970.  The date was met, yet many things
remained to be done after the start up of operations.

     The Agency adopted a policy of absorbing all of the
personnel of a member city's operation when the Agency took
over a city operated facility or service.  This meant that the
Agency would be receiving more than one hundred employees from
the City.  The problem of staffing was simplified because almost
the complete operating organization was transferred to the Agency.
It was also complicated because there were some people included
in the package that the Agency would not have hired if it were
not for the policy of absorbing the entire staff.  There was
also the problem of developing a set of personnel rules which
would be compatible with the City of Des Moines'  former practice
regarding seniority, vacations and leaves, retirement benefits,
and operating conditions but at the same time correcting some
existing conditions which the Agency could not tolerate.

     To resolve the personnel problems, the Director with
assistance from his staff and legal and engineering consultants
prepared a very comprehensive set of personnel rules and
regulations.

     Some provisions were based on existing city practice, some
were taken from the personnel rules of other cities and the r
remainder was prepared in house.  It was the Director's intent
to produce a comprehensive document that would spell out in:
specific terms all of the rules and regulations under which the
personnel would work.  This document has proven to be an
extremely valuable tool in the course of normal labor manage-
ment relationships.

     Prior to the start-up of collection and disposal operations,
negotiations were held with the labor representatives of the
several trades involved,  concerning these rules and regulations.
There were some changes made, but by and large they were retained

-------
intact for the authors of these rules and regulations had
intended to be thorough and fair to both the employees and the
Agency.  It, was made clear that the Agency was operating a
valuable and necessary public health service and that this
service must continue on an uninterrupted schedule.  It was
also made clear that the employees were a necessary and import-
ant part of this service, they had difficult and demanding work
to perform under sometimes adverse conditions and should enjoy
compensation, benefits, and working conditions commensurate
with the work performed.

     The Agency retained the services of an attorney who
specialized in labor relations to assist in the negotiations.
This was a wise move for he provided certain expertise which the
Director felt was necessary for an equitable agreement.

     The negotiations were neither easily nor quickly accomplished
but the end product was worth the effort.  This document was
particularly valuable to a new organization.  Many changes from
the previous practice had been made.  By writing the rules and
regulations and then subjecting them to a detailed negotiation,
the rules and regulations which emerged, were clear and understood
by both the employee representatives and the staff.  After two
annual renegotiations primarily concerned with pay schedules only
a few minor changes have been made in the rules and regulations.

     There were many other arrangements to be made which turned
out to be much more time consuming than originally anticipated.
Insurance is a good example.  There were a variety of insurance
plans to purchase ranging from liability, to workmen's compen-
sation, to employee family group health and accident.  It was
necessary for the staff and the Board Executive Committee to
become acquainted with all of the Agency needs and the various
plans offered by many competing companies.  The Director
eventually prepared specifications and other bidding documents
and received bids for the major packages.  Several of the
monthly Agency Board meetings were devoted largely to these
matters and on at least one occasion bids were rejected and new
bids called for.  Eventually of course and prior to starting
operations,  all of the coverage was secured and in force.

     Securing the necessary radio communication facilities was
another example of time consuming minor activities which had
been unestimated.  The Director investigated a variety of
systems and arrangements which would provide radio communication
between landfill sites, headquarters,  dispatchers and mobile
supervisory personnel.  Eventually arrangements were made to
lease certain commercial equipment and to use certain other
equipment belonging to the City of Des Moines.   The Agency also

-------
arranged to share a channel with the city traffic  signal
department and the animal shelter.

     Arrangements were made with the City of Des Moines to
process the payroll and perform basic personnel accounting
using the facilities of the Finance Department's computer
division.  Time cards, payroll checks and other necessary forms
were all designed to be compatible with City system.  This and
other services performed by the City greatly simplified the
startup operation.

     The arrangement with the City to provide maintenance
services for equipment for the collection and disposal divisions
was a valuable assist at the time of startup.  For accounting
purposes the Agency was treated as an arm of the City with a
charge account number much like any of the other city departments.
The Central Garage which provides equipment and equipment
maintenance to all City Departments is nominally selfr-supporting,
therefore their charges included direct and indirect expense
plus overhead.

     On the changeover or startup date all city collection and
disposal equipment and. personnel were transferred  to the Agency.
Except for Agency decals placed on the collection  equipment
covering city markings, there was little outward sign of change.
The collection schedules were the same and familiar faces were
seen doing business as usual.

     In the Disposal Division there were several changes.
The gate fees were changed from a City fee based on the licensed
weight of the vehicle to one based on the volume of the waste
measured in the delivery vehicle.  The previous fee was not
adequate "to cover the costs of owning and operating the
facilities.  The new,fees worked out by the Director and the
Engineering Consultants were adequate to cover the cost of
operation plus the amortization of the land to be purchased:and
filled by the Agency.   The- new fees were of course higher and
in.some casesvvery•much higher.  Although the new  rates had been
published,  many of the smaller commercial haulers were taken, by
surprise.   These new rates were very unpopular even though it was-
knpwjv. that they were based, on a non-profit. cost.  Nothing was
paid to the City for the little capacity remaining at the site
but a, few available adjacent, acres were purchased and.the cos,t
   thjis land included in the .^ Agency' s monthly payment to the city I

     The Agency;agreed to-place final cover over all areas it
                            .._.-/*/

-------
filled but did not assume the liability of final cover for all of
the land previously filled by the City.  The Agency returned the
20 acres purchased to the City with the final cover on it in
December .1 971.

     The City ran a relatively decent disposal site but not one
which could be considered first class.  It took time to convert
to a first-class operation but it was apparent right from the
start that this was the goal.  The name was changed to Metro Park
Central and the Director insisted on daily cover, major road
improvements, rigid litter control, and absolutely no scavenging.
He also provided adequate personnel, equipment and materials to
accomplish this goal.  Fences were repaired, buildings were
cleaned and painted, weeds were cut and drainage improved.  The
site was inadequate from a long-term capacity standpoint, there-
fore there was no economical way to make major facilities
improvements but those things which could be done operationally
to improve the appearance, the access and sanitary conditions
were done.  Within a few weeks the operation was materially
improved.

     One major problem encountered in the landfilling operation
was retraining the men to the new philosophy.  It was only
through gradual improvement that they began to understand this
site was not to be an improved dump.  The City had operated a
dump in the past, but through major efforts on their part and
the allocation of machines and personnel they had made dramatic
improvements.  The old dump operation had been converted to a
reasonable landfill.  They really didn't notice the mud, litter,
weeds and depressing appearance.  They were proud of their
accomplishments when they compared their present activities and
conditions with the previous dump.  The Director, however, had
new standards which were higher.  It took a while and eventually
a change in supervision, to make the improvements.

     The Disposal Division was economically self-supporting
from the first day.  The payments for the equipment received
from the City and all operating expenses were made from gate
receipts.  The operation needed additional equipment, however,
and this was a problem.  Eventually the Director was able to
acquire new and larger dozers, and a new self-propelled scraper
and other lesser equipment through a variety of lease purchase
plans and the cash purchase of some used equipment.  With bond
funds, he could have made all of the equipment purchases under
conditions favorable to the Agency and repaid the original cosr
over a longer period.  The amortization and replacement could
have been easily paid from gate receipts.  Although it was

-------
difficult  and  there were  times when  funds were very  short  and
times when there was  inadequate back-up or  spare  equipment to
maintain true  sanitary landfill conditions,  the startup  and
operation  was  successful.

     The Agency operated  a  sanitary  landfill  at Metro  Park
Central for approximately one year until they moved  to the new
Metro Park East in October  1971.  The old site had been  filled,
fine graded for drainage  and planted to grass.  Three  feet of
final cover had been  placed over the Agency filled portion.
The City plans to eventually cover their portion  and convert
the entire site to a  park.

     The Collection Division appeared to be unchanged  after the
startup date but changes  were in store for  this operation  too.
When the Engineers prepared the report concerning solid  waste
management in  the metropolitan area, they recommended  that'all
municipalities provide regular and complete domestic refuse
collection using the  services offered by the  Agency, or  if they
preferred  they could  provide their own services either with
their own  equipment and forces or by contract.  It was important,
however, that  regular service be provided and that the service
be complete instead of being limited to "kitchen  waste only"  as
was the custom throughout most of the area.   They also recommended
that the practice of  open burning of combustible  wastes  be
stopped.   For  the City of Des Moines which  operated  the  largest
single municipal collection service, the report also contained
detailed recommendations  concerning  routing and reorganization
of their operations to accomplish a  regular and complete
domestic collection service.

     The City  put the plan  into effect in stages.  First,  they
reorganized their operations and routing.   With the  recommended
improved routing and  organization and the installation of  the
•recommended incentive system the city was able to offer  its
service with fewer men and  less equipment.

     At the time the.Agency .took over collection, the  kitchen
.waste only restrictions on  domestic  wastes  was abandoned.  .Some
customers  began setting out all of their domestic waste.   The
majority however, continued to burn  their combustibles in  the
typical•backyard burning  barrels.  Several  months after  the
Agency began operations,  the City passed the  recommended ordi-
nance which forbid open burning.  Eventually  customers began
setting out .all of their  dlpni.estic waste for Agency collection.
As .a result, the Agency is  now collecting more than  twice  the

-------
amount of domestic waste previously collected by the city.
They are also maintaining a reliable schedule of once per week
collection of practically unlimited quantities including leaves
and other yard rubbish.

     During the first year of operation, the Agency replaced
approximately one third of their 16 C.Y. single axle packer
truck fleet with 25C.Y. tandem axle packer trucks, which have
legal load limits approximately twice the amount of the smaller
units.  The second year they replaced another one third of the
fleet with new single axle chassis and rebuilt 16 cubic yard
packer bodies taken from worn out chassis.  It is their current
equipment policy to replace chassis after 4 years and packer
bodies after 8 years.  A schedule for collection equipment repla-
cement is explained in detail elsewhere in this report.

     Equipment purchase and replacement for the collection
division has been a very serious financial burden because of
the delay in issuing the revenue bonds which were to be used for
the permanent capital financing.

     Without bond funds, the Director was forced to use bank
financing of bond anticipation notes.  It was also necessary to
set a three year maximum amortization period even though the
equipment has a four year life for chassis and eight year life
for packer bodies.  This accelerated depreciation builds an
equity in the equipment but raised serious cash flow problems
considering the short term nature of the current collection
contract with the City.

     As this report is being written, it appears that the Agency
is overcoming these problems and will be able to pay for the
equipment within the three year period using current operating
revenue and will not resort to the issuance of revenue bonds
for collection equipment.  This pay as you go method of acquiring
equipment is not the preferred method for public agencies but
this Agency has demonstrated that it can be done even without a
contract long enough to amortize the equipment.

     While the Agency was attempting to acquire sanitary landfill
sites', the objectors, usually potential site neighbors, continually
raised the argument that traffic to and from the site would create
conjestion and general nuisance.  This argument was countered with
information showing specific existing traffic counts, highway
capabilities,  and estimated solid waste traffic showing that a
nuisance would not be created.  Nevertheless,  the argument of
traffic problems was continually cited.  The original solid waste

-------
 report, showed  that more  than  9,000 vehicles  per week  visited
 eitea  in  the area.  The  report  stated however, that analysis
 ahowed flttieh of fehie t£aff?ie was wtml 1 vehi»-•!»»« ineludlmj
 automobiles and pick-up  trucks  which would be reduced when
 complete  domestic collection  service was  offered  eliminating
 the  need  for the home owner to  haul  his trash to  the  landfill
 site.   Operating experience has shown this to be  true but at
 the  time  the public was  skeptical and using  the traffic
 argument  very  effectively  at  public  hearings-.

     The  Agency board therefore decided that consideration
 should be given to providirig  one or  more  transfer stations to
 serve  the densly populated area as a traffic reduction measure
 to the sanitary landfill sites.  The Engineer was instructed to
 prepare a preliminary plan for  a transfer station to  be located
 on 20  acres of land adjacent  to the  old city landfill site which
 was  being operated by the  Agency.  This land was  part of  the
 additional land which was  acquired by the Agency  for  filling
 purposes.  Approximately 5 acres had been set aside for use as an
 Agency headquarters which  would contain the  administrative
 office, Collection Division garage,  personnel facilities,
 principal equipment repair shops and the  transfer station.

     Placing the headquarters at this location and including a
 transfer  station was one more example of  what can happen  to a
 venture when many political jurisdictions are involved and
 certain elements of the public  are against what is proposed.
 Originally the  engineer's  report recommended that the Agency
 headquarters be located on the  site  of one of the new sanitary
 landfills.  At  this same site,  would be the  principal equipment
 shops,  collection division office and main garage and personnel
 facilities for  crews operating  out of that area.   The other
 site would contain limited garage and personnel facilities
 for  those collection crews operating in the  area  which would
 haul to that site.  Because of  public opposition  to close-in
 sites  and the Agency's policy of not condemning land  for  site
 purposes, the  first site acquired was farther from the city
 than would be desirable for an Agency headquarters, shops  arid
 collection division crews.  Thus, the change in plan  to use
 land' adjacent to the existing city sanitary  landfill  site  for
 headquarters etc.

     Two years of experience has proven that the  predicted
 re'duc'tibn in vehicular traffic,   particularly small vehicles,
 to the  sanitary landfill site was realized,  because this
material wa-s being collected by  the Agency.   It now appears
 that the reduce'd traffic is a fact and this argument  against

-------
site locations can be effectively countered.  At the time this
report is written, there is no plan to provide a transfer
station for the metropolitan area.

     In October, 1971 the Agency began closing Metro Park
Central which was the old city site and began operations at
the new site, Metro Park East.  There still were no bond funds
to pay for the land and site development but the old site was
filled to the maximum grade permitted and solid waste was
arriving at the rate of approximately 1,000 tons per day.
Again the Agency had no choice but to move.  This was no
surprise.  The Director knew that there would be no bond money
to complete the land purchase and construct the improvements
before the move and had negotiated an agreement with the land-
owner to pay a monthly fee similar to a lease for the use of the
land until the purchase was completed.  Unfortunately the fee
was considerably higher than if the land were owned by the
Agency.

     Later the Agency had to negotiate an even higher fee to
continue the use of the land prior to purchase.  This is explained
in detail in other parts of the report.  The Director has provi-
ded from his operating income sufficient funds to make the
minimum improvements required to start operations.  A rock road
was constructed from the highway to the place where filling was
to start.  Other improvements were limited to a gate, litter
fences, initial grading and drainage, some landscaping, and
a gate house for the fee collector.  Fortunately, there were
some existing buildings and utilities which could be used for
an office and personnel facilities.

     The move to the new site was accomplished over a period
of two months.  During this period both sites were in operation
but the hours that the old site was opened were limited.  Some
haulers found that the highway trip to the new site, 10 miles
east of the City limits was more than their tired old equipment
could take.  In fact the Agency found that a few of their old
trucks were not up to the new haul conditions.  Over the
transition period all of the haulers had an opportunity to test
their equipment and make repairs as necessary.  The transition
period was also helpful to site operators at Metro Park East.
Methods were checked out and adjusted before there was a full
scale operation.

     The development and operational plans are described in
detail elsewhere in this report and will not be described here
except to state that the facilities to be provided will be first
class and consistent with the needs of a large, modern, efficient
sanitary landfill.


                            ''-I?

-------
      Between the time the Engineers prepared the plans for Metro
 Park East and the time the Agency began operation using the site
 with the temporary improvements, the State of Iowa adopted
 formal regulations for site selection, site development and
 operations of solid waste disposal facilities.  When the state
 published their draft of the proposed regulations and held
 hearings as required by law, the Agency, as the largest sanitary
 landfill operator in the State,  assumed a major roll in negoti-
 ating changes in the proposed regulations.  The Director and his
 -engineer consultants spoke for many of the municipalities and
 governmental officials throughout the state.  The purpose of the
 negotiations was to produce a workable set of regulations.

      On 'December 28, 1972 the Agency received one million
 five hundred thousand dollars as a result of the culmination
 of a two year effort to float a .Disposal Revenue Bond.  The land
 was purchased and the remaining funds will permit the completion
 of the permanent site developments and the establishment of an
 orderly and formal equipment purchase and replacement program.

      The Agency has now developed the capability to do the job
 and is earning a reputation in the state for reliability and
 competence in a service industry which has not always displayed
 these qualities.  It has also provided leadership to improve the
 state and local laws pertaining to solid waste management and
 £he testing of the basic state laws in the courts to remove any
 /doubt as to their constitutionality.

      •As -this report is being written the Agency is a proven
 success'.  It is -operating a .solid waste disposal facility which
 -serves the entire Des Mpines Metropolitan Area and a domestic
 re.fuse collection service for the City of Des Moines which in
 .turn represents approximately eighty .percent of the population
 in the Metropolitan Area.  Other municipalities which are members
 of the Agency are considering using the Agency's refuse collection
 service.and the Agency now has the capability to provide this
 se-ryice .when . requested.

    '-The ^Agency-has - implemented a solid waste management plan
 ,whi'.Gh, has demonstrated that political jurisdictions can success-
 fully solve common problems through a joint effort and do sd
 more -reliably, efficiently and economically than each jurisdi-
 ction providing for its own needs.  There were many people and
• prgani,z actions .which .said it .could not be done but ttfere were
 others,.i gorjtunately, • which.,,were determined that it would be
                               -2O

-------
done.  Technically, economically, and logically the Agency was
the answer to a common problem.  The legal, political and
social barriers which were cited as formidable deterrents were
overcome.

     It has not been easy, as a reader of this report can
readily detect.  Many problems have been described because the
purpose of this report was to document what is involved in
implementing a solid waste collection and disposal management
plan using an Agency type organizational structure.  Accompanying
the many problems have been a greater number of successes.  The
Agency matured from a new and unfamiliar association carefully
feeling its way along to one which has experienced success in
spite of problems and is now going about its business in a
knowledgeable and methodical manner to improve and expand the
service which is already being recognized as efficient and
economical.

-------
          PART  II - CONCLUSIONS AND RECOMMENDATIONS

A.  GENERAL.

     This report is written as a guide  to others who may be
faced -with  similar solid, waste management problems or perhaps
any problems which could be solved through  joint or cooperative
action on the part of  several political jurisdictions.  Con-
clusions and recommendations which are  summarized here  or
presented elsewhere in this report are  based on this Agency
under conditions which prevailed in this metropolitan area
during the  implementation period.

     It is  extremely difficult to present specific recommend-
ations which will apply  to- other situations because the condi-
tions could be  entirely  different.  Even if the conditions are
similar, the outside forces beyond the  control of an Agency  can
act in a manner quite  different from that which was..experienced
by this Agency  during  the implementation period.  For this
reason some of  the recommendations .and  conclusions will be very
general but where appropriate the causative data are reported in
detail in the main body  of the report.

     To the authors knowledge, this was the first Agency of  its
type in the United States organized for the purpose of  collection
and disposal of solid  waste for a metropolitan area.  We hope that
others formed for similar purposes will benefit from this study .
and expect  that .they will make improvements over what was done here

     The following .is  a  summary of the  conclusions and  recommend-
ations which have been developed during the implementation of the
plan to organize and commence operations of the Des Moines
Metropolitan Area Solid Waste Agency:.

B.  ORGANIZATIONAL STRUCTURE.

     The Des Moines Metropolitan, Area; Solid Waste Agency was
formed under Section 2 8E. Code/, of Iowa and its-authority'and  fund-1''
ing- augmented under. Section 28E Code of Iowa-.  Based upon the
backward look of the Agency, and its history it is felt  that  it
was the proper method  and. organizational, structure-for ;the coll-
ection and  disposal of solid wastes for the -Des Moines
Metropolitan Area.
   ;«'•+•.•.'- •l°  •• .  ' * I
     1.  Th6^ formation of- an jAgen.cy -as .(an organizational"
structure for the purpose of,collection and disposals of solid
waste, for multiple political jurisdictions  in a metropolitan
area is possible and practical.

-------
     2.  An Agency may be the only practical organizational
structure which is authorized by Iowa statutes, when both
collection and disposal is involved and the geographic area
served is comprised of many different political jurisdictions.

     3.  An Agency which is another form of limited governmental
jurisdiction is not a simple organizational structure.   It can
be somewhat cumbersome under certain conditions but is neither
better nor worse than other organizational structures under
normal operating conditions.

     4.  Within the constraints of law, purpose and political
reality, it is recommended that the first consideration  be
given to using an existing governmental structure to accomplish
the task at hand.  If this is not possible or practical, an
Agency will work and has great potential under the proper
circumstances.

     5.  Looking back from the present vantage point it  can be
concluded that the selection of the Agency as an organizational
structure for the collection and disposal of solid waste for
the Des Moines Metropolitan Area was a proper selection  under
the circumstances and purposes for which it was formed.

     For details of this subject see Part III of this report.

C.  FORMATION OF THE AGENCY.

     The Agency was formed, based on Articles of Agreement
originally prepared by the Engineering Consultant.  Subsequent
documents have been written cooperatively by all the membership
at the time of individual document writing.  Many joint  meetings
were held with legal authorities, member councils and various
consultants to formulate policies and the various documents.
Considerable time has been taken by all parties to view, review
and to properly word such documents for the protection of all
concerned.

     1.  Although the formation of this Agency was a complicated
matter involving several progressive steps, others wishing to
form a similar Agency may do so with far fewer problems.  The
additional specific statutory authority obtained to clarify
the status of an Agency and its ability to finance through
revenue bonds, coupled with the favorable court decision
concerning the constitutionality of the statutory authority

-------
will permit a more direct approach.

     2.  Anyone contemplating the formation of an Agency must
anticipate delays in obtaining the approval of all member
political jurisdictions for it is necessary for them to seek
advice of their legal counsel and this will frequently result
in suggested changes.  The problem is compounded as the
number of members is increased.

     3.  A joint meeting of all legal counsels is recommended
at an early stage to exchange views and define the points of
agreement and disagreement.

     The step by step procedure which was followed in forming
this Agency is described in Part IV.  Samples of all of the
pertinent documents are included.

D.  .PERSONNEL.

     The Agency did employ trained management personnel at
its implementation stage and took over an existing collection
and disposal organization when it entered the operational end
of the business.

     1.  An adequate administrative and supervisory staff
should be acquired to organize and then operate the Agency.
This Agency has more than 100 employees and spends more than
$2,000,000 per year.  An adequate staff can be justified.

     2.  Solid waste management activities have a large
labor component which requires knowledgeable and skillful
supervision particularly at the foreman leval.  Extra care
should be exercised in selecting personnel for these positions.
When selecting personnel for foreman positions seniority
should be considered but the primary emphasis should be placed
on ability to supervise.

     3.  The Agency has found that their written personnel
rules which are reproduced as Document V-l have been a valuable
asset to good labor-management relationships..  These rules,
which were negotiated, make it clear what is expected from
the employees and the management and have avoided or settled
many problems before they became serious.  These rrules are
recommended to anyone operating a solid waste system as the
basic document from which a new set of rules and regulations
can be written to fit the individual circumstances.

-------
E.  PROFESSIONAL SERVICES.
          J
     Upon starting the implementation of the original study
the Agency Board employed a Professional Engineering Consultant
to assist in the practical formation of the Agency.  It has
also been consistant in its employment of consultants in various
fields to augment  the staff in its efforts, to solve financial,
engineering, labor and legal problems.

     1.  It is recommended that professional consultation be
acquired in the fields of law, accounting, finance, appraisals
and engineering.  Although an administrative staff possesses
ability in all of these fields and may possess expertise in
one or more of them, expert consultation is desirable for
three reasons:  The first is to bring to the staff expertise
which it does not possess.  The second is to augment the
staff for special projects, and the third is to bring to the
Agency an outside, independent viewpoint.

     There is no way to predict the extent to which these
services may be required for some other Agency, for that will
depend on the particular circumstances, but it should be
assumed that professional services will be required.

F.  FINANCIAL.

     The initial seed money for the implementation of the Agency
came from a PHS grant.  Funds to provide operating capital were
originally to come from a bond issue but due to difficulties
beyond control of the Agency they were not available.  The
Agency has used a variety of funding methods to finance its
operations.  It currently finances its collection activities
on a monthly lump sum basis and its sanitary landfill on a
volumetric gate receipt basis.

     1.  Careful consideration should be given to the need for
initial operating capital to cover the cost of prepaid items,
accounts receivable and for normal start up expenses.

     2.  It is recommended that refuse collection and disposal
services be financially self supporting and that the required
revenue be derived from fair and equitable fees paid by users
of the service in proportion to their cost of the service
rendered.

-------
     3.  It is recommended that the disposal fee be the same
at all' final disposal facilities and that the total disposal
fees collected- be combined to pay the cost of all of the
disposal operations even though one facility may cost more
than another.

     4.  This Agency has found that the financing of the capital
needs of the disposal division with revenue bonds is practical,
legal'and.economical.  Although there have, been legal and
administrative difficulties encountered in issuing revenue
bonds many of the problems can be traced to the newness of the
concept of using an Agency for a task which requires capital
funds.   Some of these problems should be eliminated for
future bond issues.

     5.  It is recommended that if a member municipality is
contemplating the use of a refuse service charge, the change to
this alternate method of. financing be accomplished prior to
Agency operations, if possible.  If this is not possible, every
effort must be made to inform the paying public of the nature
of the charges.

     The cost of owning and operating collection and disposal
services of the type and scope that the Agency provides,••
together with capital financing, is included in Part VII.

G.  SITE SELECTION.

     The Agency has followed the usual methods of site selection
augmented with the latest in the Department of Environmental
Quality, State of Iowa rules and regulations. Criteria were
initially set up by the staff and consultant and used as a
yardstick for the first site evaluations.

     1.  Site selection involves environmental, social, economic,
legal,  political and availability factors.

     2.  Criteria developed for site selection includes:  Land
Use, Access, Environmental Acceptability, Adequate cover
Materials,  Minimum Driving Distance, Economical Land Costs,
Terrain Features, Final Use Plan and Availability.

     3.  Each of the criteria items must be examined and rated
using the factors in 1. above *  Either a site under consideration
is environmentally., socially, legally and politically acceptable.

-------
 (or can be made acceptable) or it is not.  If not, it
must be deleted and therefore not a competing site for selection.
If it is acceptable, then the economics are analyzed for final
selection.  Each of these factors and criteria is explained in
detail in Part VIII.

     4.  Land must be available for purchase either because
the owner is willing to sell at a price which the buyer is
willing to pay or because the buyer has the right of eminent
domain and is willing to exercise that right.  Sometimes the
whole site selection process is reduced to the simple question
of:  "What is available that can be used?"  The matter of
eminent domain and the legal issue is discussed in Parts VIII and
IX.

H.  SITE ACQUISITION.

     The Agency has acquired several sites through the use of
limited options.  The use of two sites (one for a Sanitary
landfill and the other as Agency Headquarters)  was acquired
through an initial rental transaction.  The other options were
dropped as the usability of the sites were denied.

     1.  The acquisition of land for a sanitary landfill site
is not a simple real estate transaction.   The degree of compli-
cation may depend in part on the legal, political and financial
status of the purchaser; the state and local laws and regulations
prevailing 'at the time of purchase; the attitude of the community
and site neighbors concerning sanitary landfills; the particular
location and geological conditions of the site in question;
and the time involved between purchase and payment.  An explan-
ation of these complications and certain recommended documents
are included in Part IX.

     2.  It is recommended that all original negotiations to
acquire land for a sanitary landfill site be conducted as
quietly as possible and that an option to buy be obtained
prior to release of any information concerning the exact loc-
ation of the site.  This will bind the seller before opposing
forces have time to mass their social and financial assault on
the prospective seller in an attempt to persuade him not to sell.
The use of the option permits the buyer to abandon the purchase
if after proper announcement, public hearings and full dis-
closure of facts he feels that this is the proper course of
action.

-------
      3.   It is also recommended that professional real estate
 appraisers be employed to establish the proper value of the
 land being considered.

 I.  LAW SUIT TO USE THE SITE.

      The Agency found itself involved in two separate lawsuits,
 one involving the Agency's legal standing and the other the
 Agency's legal right to use a sanitary landfill site.  Both
 went "through Iowa Supreme Court and were settled in favor of
 •the Agency.

      1.   It is recommended that each step in the process of
 acquiring property and obtaining the necessary permits or
 approvals should be undertaken in a very methodical way to
 assure not only that the letter of the law is followed but
 also -that the official record shows what was done.  It must
 be assumed that opponents to any site selection'may sue to
 prevent the use of that particular site.  Following the
 letter of the law and regulations may not prevent filing of
 suits which are primarily delaying tactics but the exposure
 is reduced and if a case does come to trial the chances of a
 favorable ruling for the plaintiff is also reduced.

      2.   If a case does come to trial it is recommended that
 the defense be overwhelming in preparation and presentation,
 for to lose would make a second attempt at that site much
 more difficult and encourage others to sue on other acquisitions,

 J.  S.ITE DEVELOPMENT.
                                                         • ,T
      Specific plans for the development of several sanitary
 landfill sites were proposed and drawn by the Agency staff .and
 several  consultants hired for that purpose.

      i.   It is recommended .that as a minimum the site develop-
ment include rfinal use plan,  filling strategy,  earth movement
^plan and design of physical rfacilities. -Each of these elements
lhas an important effect on the success of a sanitary landfill.

      2.   The final use .plan determines the ultimate use of the
-site.  We recommend that consideration be given to open space,
 recreation or other .popular ;-public use.  These are .not only
'legitimate' and practical >uses  but 'they also have .significant

-------
 public relations value.

      3.  The filling strategy consists of the following:

          a.   Volume of refuse per day.
          b.   Length of open face
          c.   Sequence of filling plan
          d.   Cell side slope
          e.   Daily and final cover thickness
          f.   Cell height

      The volume of refuse per day is set by the users of the
 site and their rate of arrival will determine the length of
 the open face.  This open face should be adequate to accomodate
 arriving vehicles without delay and may be varied as arrivals
 require.

      A proper sequence plan is necessary to guide site
 operators.   It is recommended that the plan be maintained as
 a management and engineering function and not be left to the
 discretion of field personnel.

      Cell side slope as steep as possible is recommended to
 minimize earth requirements but this must be tempered with
.operational  limitations.  The Agency has found a slope of
 one on three to be practical.

      The thickness of daily cover depends on the type of
 material used.  The site design is based on eight inches of
 daily cover and a total of three feet for final cover.  This
 final cover  is recommended when the final use plan is a golf
 course and recreational areas.
                                       ;
      The cell height should be selected to minimize the cover
 earth requirement.  Contrary to previous thinking there is no
 reason to limit cell height to some arbitrary height.  The
 Agency has selected a cell height of ten feet to minimize the
 daily cover  requirement.

      4.  It  is recommended that very careful consideration be
 given to the filling strategy elements listed above.  Such
 consideration will not only minimize the amount of earth
 movement and therefore its cost, but may also add capacity to
 a given site where the amount of cover material available is
 a limiting factor.  It has been concluded that on a large
 project a computer must be used in the solution of this type

-------
        to peewit maximum a«Jtnn«iiy.   it in not  the
movement calculation which can be done by using manual methods.
The results of;the computer program  showing volumes, movements,
cover requirements and site preparation strategy data are
presented in Part XI.

     5.  It is recommended that the  site have  first class
physicalI facilities.and that they be designed  not only for
their obvious functional use, potential future use but also
to.be:attractive as an .aid in establishing a-.proper image.
Samples of the plans showing physical facilities are included  in
Part XI.      .

K.  OPERATIONS.

     Actual operations of the solid waste collection and
disposal, service began. in November of 1970.  The Agency still
continues to operate both services,  collection.for, the City of
Des Mdines and disposal for the Agency membership, and others
who enter its sanitary landfill, gates.

     1..  It may be necessary to start such an  operation by
taking over a-city's existing equipment and personnel prior
to establishing permanent capital financing.   A city could
make this possible through a variety of arrangements with an
Agency which are described throughout this report.

     2.  Even with the assistance from a city, starting an
Agency without capital funds for equipment maintenance facili-
ties and equipment replacement and without adequate working
capital, is a difficult task.  It is therefore recommended
that if possible, such working capital should  be on hand and
provisions made for capital purchas.es prior to starting
operations.
     is f
     3.  Once operational an Agency  should begin a gradual
equipment improvement and replacement program.  Old packers
and chassis should be replaced.  It is recommended that where
hauling conditions warrant, consideration be given to larger
units' even though they are more expensive to own and operate.
Their higher legal axle Iqad limits will permit savings to be
made in hauling costs.

     .4.  Consideration, should be given to the  possibility of
reconditioning packer bodie.s where there is economical life

-------
left.  It is recommended that a packer body can be economically
used through the life of two chassis.  Agency chassis are now
scheduled for replacement after 4 years and packer bodies
after 8 years.

     Details of collection operations and equipment costs and
replacement are given in Part XII.

     5.  Operating conditions at sanitary landfill sites vary
sufficiently one from another that specific recommendations
concerning operating techniques, labor and equipment would be
meaningless however the following general recommendations will
apply to all sites.

         a.  There must be sufficient back up equipment
available to maintain proper site operations in the event of
the normal equipment being unavailable either through scheduled
overhaul or breakdown.

         b.  There must be an adequate number of laborers
assigned to a site to direct traffic, maintain litter fences,
maintain culverts and other drainage, maintain lawns and
shrubbery, pick up litter on and off the site and perform
other duties as required to maintain a proper appearance.

         c.  The temptation to eliminate or economize on
site labors and spare equipment should be vigorously resisted
because these two elements of cost can make the difference
between a first class operation and one that is only barely
adequate and barely presentable.

         d.  The depth of fill will vary from no fill around
the perimeter and at certain other parts of the site to a
maximum of approximately eighty feet.  The average depth in
the fill area will be approximately thirty feet.  The area
method was selected to develop the maximum capacity of the
site consistant with the final use plan, and will result in
the maximum economy.

     This method is recommended for any site where multiple
lifts can be used.  Although this operation is considerably
more complicated and requires more extensive management and
engineering design, than a simple cut and cover operation, the
benefits to be derived more than offset the additional •••
management and design required.
                                3\

-------
L.  PUBLIC RELATIONS.

     The Agency was originally weak in a public relations
program.  Since the need was recognized a stronger program
has been developed and still needs reinforcement.

     1.  It is vital in order to achieve a successful
conversion of an existing pickup and disposal system to an
Agency area-wide effort that a public relations program be
conducted.  It should -relate the reasons for the consolidation
of such services under one Agency.

     2.  The Agency should have someone on its staff thoroughly
conversant with the operation available to speak to any group
in the area.  He should be able to explain the aims of the
Agency and the reasons for proper waste collection and disposal
services.  Such speaking dates should be sought by the Agency.

     3.  Cooperation of all public relations media including
the radio, TV and newspaper should be solicited to tell the
story to the public with the what, why and how of the new
Agency.  All news, media should be offered the facts and   ;
encouraged to call the Agency whenever specific facts are
needed.
      i
     4.  If possible, conducted tours of other operating y
facilities by interested persons and decision makers is a must.

-------
     PART III - THE AGENCY AS AN ORGANIZATIONAL STRUCTURE
     The original study of the metropolitan area solid waste
management problems determined that there was substantial
justification for providing collection services and disposal
facilities in some form of joint or cooperative basis instead
of each political jurisdiction providing separately for its
own needs.  As a result, the Agency was formed for two purposes:
to provide economical disposal facilities for all of its
members; and to provide collection services for those members
who were legally authorized to enter into collection activities
for its jurisdiction and chose to have the Agency provide this
service.

     The choice of forming an Agency for the organizational
structure to carry out the desired purposes was a logical one
although it was recognized from the beginning that the task
would be difficult.

     It would have been simpler if one of the existing political
jurisdictions could and would have been willing to provide these
services for itself and the cooperating neighboring jurisdictions,
but there were local reasons why this would not work.  The first
logical choice would have been a county but under Iowa law the
counties are not authorized to provide collection services.  The
second choice would have been the City of Des Moines.  They were
authorized by state law to provide collection and disposal
services for themselves and, under contract could provide
similar collection and disposal services to other cities and
towns and disposal services for the counties.

     There was also a history of the City of Des Moines providing
joint disposal facilities.  For many years Des Moines provided
disposal facilities for its own private citizens, commerce and
industry and permitted neighboring jurisdictions to use the
city's facilities without charge.  The city's facilities were
financed through their general fund so no users fees were charged.
Later the method of financing was changed to a system that
charged equal gate fees to all site users whether from the city
or neighboring jurisdictions.  At the same time other jurisdi-
ctions ran a variety of disposal facilities with varying restri-
ctions on use, and of varying quality.

     When it became necessary to provide new disposal facilities
for the City, the Agency was formed to provide disposal

-------
facilities for the entire metropolitan area.  The City could
have continued their policy of providing facilities for
their- own* use and permitting others to use them upon payment
of their fai-r share of the costs but the facilities would
have been designed and located in the best interest of the
city with the need and use by others as a secondary consider-
ation.  The City might have agreed to include the nearby
neighboring users in the prime considerations of location of
sites provided the sites were within a reasonable distance
of the city, but to consider the needs of all of the members
who are located in parts of four counties would have been a
considerable imposition.  Even if the city had agreed to
provide the disposal facilities for joint use it would have
been completely unreasonable to expect them to provide
collection service for other political jurisdictions scattered
over that large a geographic area.

     At the present time, only the City of Des Moines has
elected to use the Agency's refuse collection services.  If the
City were to remain the only jurisdiction using this service,
an Agency as such would be unnecessary.  It is likely however
that other cities and towns will request service in the future,
because it is in the collection of solid waste that the greatest
cost savings can be realized.

     At the present time, the Agency has one sanitary landfill
site.in the extreme eastern part of Polk County and is seeking
another site in western Polk County.  With both sites in one
county, it could be legitimately argued that this county could
have provide'd the sites without forming an Agency.  However, at
the time the Agency was formed Warren County was also a member.
Since Warren County is located immediately south of Polk and is.
contiguous with the southern city limits of Des Moines, it is an
important part of the metropolitan area.  It was reasonable to,
assume that services would be provided to Warren County waste
producers and that this County and its cities and towns would
cooperate.  It was also possible that a sanitary landfill would
have been located in that county.   The county however withdrew
from the Agency at the time sanitary landfill sites near the
northern boundary of that county were being considered over
their objections.   It is possible that they might rejoin some
time ih' the future arid that a site might be located in that
county to better serve its needs.

     We!st^rh Dallas County is also in the metropolitan area and
has had several citie's arid towns belong to the Agency.  If this
county and additional cities and towns in the county were to

-------
request membership sometime in the future, it is possible that
additional sanitary landfill facilities could be located in
that county.

     The Agency as formed can extend into additional areas to
provide economical, reliable and environmentally safe facilities
and services to better serve the citizens, commerce and industry.

     There are other reasons for an Agency some of which may
have been present when this one was formed or may be present in
other areas where an Agency is being considered.

     To own and operate proper collection and disposal facilities
takes organization, resources and talent.  There are cities and
counties which for a variety of reasons would not or could not
produce these necessary requirements.

     The existing table of organization may be incompatible
with the needs of a large collection and disposal operation.
The salary ranges often found in some political jurisdiction
may be inadequate to attract the executive management necessary
to organize and operate the required services.  Even if there
were legal flexibility to overcome the deficient organizational
or salary limitations there may be political obstacles which
make the necessary changes difficult or impossible.

     The spirit of cooperation is another reason for an Agency
that must be considered.  There are,  of course, good influences
and bad influences, and usually a mixture of both.  Some are
based on fact, some on fantasy.  Some are produced by happen-
stance; whereas, others are produced by political action either
overtly or covertly.  However organized, labeled or originated
these influences must be recognized and dealt with.  This is
true for any major venture but particularly true when the
emotionally charged issue of sanitary facilities is involved.

     Sister cities and towns and neighboring counties often
have distrust or hostility for one another although they main-
tain a facade of cordial coexistance.  This is particularly
true of a county with a major city or a major central city with
many smaller neighboring cities and towns.  Hostility may be
due to commercial or political competition, envy or ignorance.
It may even be justified but it is often present and therefore,
this spirit of distrust and lack of cooperation must be
counteracted.

-------
     Also  present in sister  cities,  towns  and counties  is  a
 constant effort to cooperate in their  own  mutual  or  self-
 interest.   There are obvious economies to  be  realized which
 should be  exploited to  everyones advantage.   And  in  the case
 of jurisdictions without  usable land for sanitary landfills
 within their corporate  limit or under  their control,  the
 need for these  jurisdictions to cooperate  in  their own  self-
 interest,  with  other jurisdictions having  land, is another
 self interest to be exploited.   It is  not  suggested  that one
 community  should take advantage of another rather where there
 are needs  there are usually  good mutual or self interests
 reasons for synergetic  action.

      If each jurisdiction could provide sanitary  facilities
 entirely within its own corporate limits the  problem would be
 difficult  enough but it is much more difficult when  it  is
 necessary  to haul thrpugh and/or finally deposit  in  other
 jurisdictions.   A new organization with the purpose  of  solving
 "our collective" solid  waste problems  has  a greater  potential
 for success than a number of fragmented jurisdictions each
 solving "his" problem at  "our"  expense.

      In Iowa as in many other places,  it is necessary to apply
 to the Zoning Board of  Adjustment for  a special use  permit to
 use land for sanitary landfilling.   Although  there are  establi-
 shed criteria which the Board must use in  deciding whether or
 not to issue the permit,  there  is usually  local opposition
 arguing against the merits of any particular  location.   This
 opposition can  be extremely  effective  even if the basis of
 their  objection is irrelevent or unrealistic.  An Agency created
 to serve the public represented by many political jurisdictions
 can have an effective counter influence on the Board.   This may
 not be enough but it certainly  is an aid.

     An Agency  is not a simple  organizational  structure, and
 when unanimous  member endorsement is necessary, (described in
 Part IV Formation and Part VII  Financing), the going can :.be
 tediously  slow  and difficult.   Under ordinary circumstances
 however, the Agency organizational structure  is not  better or
 worse  than any  operating  organization  which must  secure policy
 and authority from some form of Board  or Council.

     In the case of this.  Agency,  the Board established  certain
 policies and then, authorized the Director  to.use  his  own dis-
.*.+->      -*'      •  •    .,..,.,•.      .   _ ,- .        •         -
 cre^ion.in..carrying out these policies and conducting normal
 operations.  When the Director  must,  obtain approval  of  the
 • T » . ,. < j J . . •   •  -I*.   •      -  •    -  •       ....   *.
                                St.

-------
Board or when he wishes the Board to state additional policy, a
simple majority vote of the members present is adequate.

     At this state of Agency development, there is real reason
for optimism.  It has been formed, tested in the courts and
found legal and constitutional, and is performing its intended
purpose.  There are many serious problems ahead but they are
not necessarily related to the organizational structure.  It
can be stated that an Agency formed under provisions of the
state Intergovernmental Cooperation Act is a legitimate
organizational structure that can operate effectively if its
members are willing to cooperate.  Considering the circumstances
under which this Agency was formed and its intended purposes,
this type of organizational structure was a proper selection.
The Agency approach is not a cure-all and under different
circumstances or purposes, some other organizational structure
might be preferred.

-------
             PART IV  - FORMATION OF THE AGENCY

A.  ORIGINAL AGREEMENT.

     The Agency was officially recognized when an Intergovern-
mental Agreement signed by fourteen governmental bodies was
filed with the Iowa Secretary of State on July 28, 1969.  The
14 original members consisted of the following:

     Towns of,Altoona, Bondurant, Carlisle, olive,. Grimes,
     Norwalk, Pleasant. Hill, the Cities of Ankeny, Des
     Moiries, Urbandale, West Des Moines, Windsor Heights;
     and the Counties o.f Polk and Warren, all in the State
     of Iowa.

     This was the direct result of a chain of events that was
officially s,tarted three, years before.

     In the autumn of 1966, the City of Des Moines, entered
into agreement with the other political subdivisions listed
above,to make application for a federal grant to study the
problems of solid waste collection and disposal in the metrop-
olitan area, to hire a consulting engineer to conduct the
study, and to finance the local share of the cost of the study.
A sample of the agreement is inc]uded in the Appendix as
Document IV-1.

     Application was made to the U. S. Public Health Service,
Department of Health, Education and Welfare for financial
assistance and HEW Grant No.. 1-D01-U1-OOQ60-01 was- awarded.

     A local Negotiating Committee was formed as contemplated
in Document IV-1.  This committee interviewed qualified
consulting engineering firms and selected Henningson, Durham
& Richardson of Omaha, Nebraska and Veenstra and Kimm of West
Des Moines, Iowa, to conduct the study.

     The study was completed and the engineer's.report "Report
for the Des Moines Metropolitan Area - Collection and Disposal
of Solid Waste" was officially presented to the City of Des
Moines in May, 1968.  This report studied in detail the collect^
ion and disposal problems in the study area, including in part,
various potential organizational structures, legal ,> constraints
and means of financing.  It concluded in part thattthe manage-
ment of solid waste in the Study Area should be organized~on a

-------
metropolitan basis and recommended that an Agency be formed
under provision of Chapter 28E of the Iowa Code to assume this
responsibility..

     Included in the report was a recommended form entitled
"Intergovernmental Agreement Creating the Metropolitan Area
Solid Waste Agency".

     A local Steering Committee was formed with Mr. Charles
W. VanderLinden, Jr., as Chairman, to review and implement the
findings and recommendations of the report.

     In July, 1968, the Committee recommended the report
recommendations be implemented and requested the municipalities
pass "Resolutions of Intent" to implement the program.  A
sample of the Resolution is included in the Appendix as
Document IV-2.

     By September 1968, all of the municipalities had passed
the resolution and were then asked to adopt the Intergovern-
mental Agreement recommended in the report.  A sample of the
agreement is included in the Appendix as Document IV-3.

     This agreement set forth the following sections:
I - AUTHORITY, II- PURPOSE, III-ORGANIZATION, IV-DURATION,
V-POWERS, VI-TECHNICAL COOPERATION FROM MUNICIPALITIES,
VII-FINANCING, VIII-SUSPENSION OF VOTING RIGHTS AND SERVICES,
IX-DISSOLUTION, X-MANNER OF ACQUIRING AND HOLDING PROPERTY.

     An examination of the document will show that it was
simple and contained only the essential elements to establish
the Agency as required by Chapter 28E of the Code of Iowa,
which was the basic enabling legislation.

     All of the municipalities adopted the agreement without
modification in any form and with the filing with the Secretary
of State the Agency became official.  This was a great day in
the metropolitan area for although there was an .enormous amount
of work remaining to be done, it had been demonstrated that
fourteen municipal jurisdictions could enter into an agreement
to cooperate in the attack on a serious mutual problem.

     It might appear that the year it took to proceed from the
Steering Committee's recommendations to the official formation
of the Agency was a long time but in retrospect this was
reasonable.  First one must realize what was involved.  It
was necessary to acquaint 14 governmental bodies with the

-------
 details of the project.  They in turn had to examine how they
 would be effected not only for the present but also for a
 considerable time into the future.  It was contemplated that
 revenue bonds would be sold and that once committed to the
 Agency, members could not withdraw during the time any bonds
 would be outstanding.  Each of these 14 governmental bodies
 had separate legal counsel.  The lines of communication
 between the Steering Committee and the 14 potential members via
 several loops involving 14 legal counsels and back to the
 Steering Committee was complicated indeed.  Of course there
 were many joint meetings to hammer out agreement but the entire
 process took time and a great deal of patience and leadership
 'on the part of the Steering Committee and its Chairman.

 B.  IMPLEMENTATION GRANT,.

     'The newly formed agency with a Chairman, Vice Chairman
 and Board of Directors applied to the U. S.  Public Health
 Service, Department of Health, Education and welfare for a
 grant to assist in financing an implementation program.  Grant
 No. i^DOl-Ul-00244-01 for 1969-70 and No. 5-606-EC-00244-02
 for 1970-1971 was awarded.

      The purpose of this grant was to provide the funds
 necessary to finance a two-year period of organization and
 preparation to bring the newly created agency to an operational
 status and to prepare a report documenting how it was accompli-
 shed.' This grant, together with local matching funds, enabled
 the Agency to hire a staff and professional  consulting assistance
 to implement the program.  This report is the documentation of
 the implementation program.

     •Document IV-4 is a-sample of the Resolution signed by all
 members authorizing the Board to apply for the HEW Grant.

 C.  CURRENT AGREEMENT.

      The original Intergovernmental agreement (Document IV-3)
 used the language of Chapter 28E Code of Iowa.  This law
'provided for "Joint Exercise of Governmental Powers" which is
 similar to the "intergovernmental Cooperation Acts" found in
 most state laws.   These acts have been used  for many years to
 form Planning Agencies  and-similar organizations.   ;To our
• knowledge,  these laws have never been used as the l^egal basis
 for an organization which would require large sums 'of capital
 to be"raised through the issuance of,Revenue Bonds.

-------
     Although the law was clear that municipalities could
form an agency to carry out a necessary and legal function,
these laws had never been tested in the courts specifically
to determine whether the Agency could be formed for solid
waste collection and disposal purposes and whether an agency
so created could finance capital requirements through the
issuance of revenue bonds.

     The Board of Directors, with advice from the Agency's bond
counsel, determined that it would be necessary to test the
legal and financial competence of the Agency before any bonds
could be sold.  They also decided that this would be an
excellent opportunity to clear away any other doubts that
might remain about the legal and financial competency of the
Agency.  The Board authorized the drafting of a revised version
of the Intergovernmental Agreement which created the Agency.
This "Amended and Substituted Intergovernmental Agreement
Creating the Des Moines Metropolitan Area Solid Waste Agency"
is included in the Appendix as Document IV-5.

     Any person or organization contemplating or responsible
for the creation of a similar Agency is advised to study the
Amended and Substituted Agreement and the related court cases
in detail.

     One major revision called for two classes of membership.
The basic legislation (Chapter 28E), authorized the Agency to
do anything the members had authority to do individually.  The
counties did not have authority to offer collection service and
therefore a limited membership was provided for disposal service
only.  Where a municipality could offer collection and disposal
service a full membership was offered.  This change is contained
in Paragraph III ORGANIZATION (Document IV-5).

     In Paragraph V POWERS, certain changes were made that
clarify the legal nature of the Agency.  In the original agree-
ment. Document IV-3, the nature of the Agency was not defined.
The law said an "Agency" could be created and the Agreement
simply called it an "Agency".  In the Amended and Substituted
Agreement, it was stated 	"The Agency shall be a public
body corporate and politic and separate legal entity exercising
public and essential governmental functions to provide for the
public health, safety and welfare and shall have the following
powers:	".   The Paragraph V went on to make several claims
which were not in the original agreement.   The Amended and
Substituted Agreement also contains amended or additional

-------
paragraphs  concerning  the  non-profit  nature  of the Agency,  the
procedure for member withdrawal,  arbitration of disputes
between -members,  and extensive  additions  concerning 'financing,.

     The Amended  and Substituted  Agreement was officially
adopted on  December 18,  1969.
         Engineer's  report  recommended that legislation be
requested  that would specifically grant statutory authority
jto an Agency to  issue rey,enue bonds  fpr solid waste work and
^ould specifically cite  other authority which was implied.
To pursue  these  recommendations  the  City of Des  Moines engaged
the  services of  the  law  firm of  Mudge,  Rose,  Guthrie and.
Alexander  of New York City  to assist in matters  of State Legi-
slation and  to act as Bond  Counsel for the  anticipated Revenue
Bond issue.   This firm and  the legal staff  of the City of Des
Moines yith  valuable assistance  from many other  civic leaders
and  municipalities prepared and  requested specific legislation
which was  passed in  the  63rd General Assembly, of .the State of
Iowa.  They  also prepared the suggested changes  in the Original
Intergovernmental Agreement to coordinate the Agency's basic
foundation with  the  new  legislation  and the specific legal
instruments  necessary fpr a revenue  bond issue.
     ij           '      "'

     Once  the subject of potential changes  to the Agreement
was  raised,  the  many problems of seeking approval from the
full membership  became apparent.   Most member municipalities
submitted  the proposed changes back  to their legal advisors
who  then made several recommended changes deemed beneficial
to their individual  municipality,  and then  returned the modi-
fied proposed agreements back to the Agency for  consideration.
\£ith the  C ity of D^es Moines legal staff acting  as coordinators
and  negotiators, the individual  issues were eventually settled.
Each new attempt, however,  required  a new legal  review by all
members and  their individual council action,  in all there were
five separate attempts made to secure a finished amended
agreement .

     The adopting of; the cur-rent "Amended and Substituted
A^greemeiit" in effect dis.splyed the previous agency and formed
ax new one.   Those members which  signed the  new agreement conti.—
nuejd as members.  Tw.p small municipalities  and one county saw
fit.  to withdraw  at that  time, although their reasons^ may or
     not have  been, directly  related to- the new agreements.  ....

-------
D.  LEGAL BASIS.

     1.  State Statutes.

          The basic legislstion underlying the formation of the
Agency is Chapter 28E of the Code of Iowa "Joint Exercise of
Governmental Powers".  This permits State and local governments
to provide joint services and facilities and to cooperate
with one another to their mutual advantage.  It is similar
to laws in most states providing for intergovernmental
cooperation.  A copy of Chapter 28E is included in the Appendix
as Document IV-6.

          Chapter 394 Code of Iowa "Self-Liquidating Improve-
ments" permits the use of revenue bond financing for solid
waste projects.  A copy of this Chapter is included in the Appendix
as Document IV-7.

          Chapter 28F Code of Iowa "Joint Financing of Public
Works and Facilities" permits joint financing of projects
listed in Chapter 394 by an Agency created under Chapter 28E.
A copy of this Chapter is included in the Appendix as Document IV-8.

          Chapter 28E and 394 were in effect when the Agency was
formed.  Chapter 28F was passed as Chapter 236 of the 63rd
General Assembly.  This latter chapter was the result of requested
legislation proposed by those acting for the Agency.  This
legislation made specific provision for joint financing which
was implied in the two previous cited chapters.

          With adequate legislation and the adoption of the
Amended and Substituted Agreement,  the Agency authorized by
Resolution on December 18, 1969, the issuance of revenue bonds,
not to exceed $2,250,000.

     2.  Court Test.

          A suit was filed in District Court of Polk County, by
the Des Moines-Polk Court Taxpayers League, naming the Agency
and its member municipalities as defendants.  The suit
(Gorham vs. Des Moines)  determined that the three basic state
statutes were constitutional, that this Agency was a legal
entity, it could provide the collection and disposal services
for which it was organized and it could issue revenue bonds for
the purpose of solid waste collection and disposal.  The suit
proceeded rapidly through the several steps necessary to a
District Court decision that was rendered in favor of the Agency
on April 14, 1970.

-------
          In the same test case other matters were cleaned up.
The state law provides that an Agency can be formed but does
not dgac&ibe the Agency other than as a "separate (entity" .
The original Intergovernmental Agreement creating -the Agency
avoided this controversial matter by claiming that it was an
"Agency" but not going farther.  The amended .and substituted
agreement which was tested in the courts said the Agency was
a "public body corporate and politic and a separate legal
entity exercising public and essential governmental functions
to provide for the public health, safety and welfare".  This
and other legal matters y*ere upheld.

          The plaintiffs appealed to the Iowa Supreme Court.
This court adjudged the suit of such importance that it requested
oral arguments before the complete court which were made on
June 23, 1970.  This early date was made possible by a special
order issued by the Chief Justice directing ear-ly submission.
The court ruled in favor of the Agency in a decision announced
September 2, 1970.  A copy of the decision (179NW 2d 449) is
included in the Appendix as Document IV-9.

-------
                    PART V - PERSONNEL

A.  ORGANIZATION.

     The proposed organizational structures for the Agency
was outlined in the original 1968 engineering report which
recommended the formation of the Agency.  A copy of the
recommended structure is attached as Figure V-l.  The Agency
adopted the recommended structure and proveeded to hire a
Director.  His first duty was to hire the personnel with which
to implement the report recommendations.  In its search for
qualified candidates to interview, the Board advertised in
several professional and trade periodicals that reach the
type of individual with the background and experience desired
for the job.  The qualifications desired were spelled out in
the original engineering report.

     Applications were received from various individuals
throughout the United States and several well qualified
individuals were interviewed by a selection committee of the
Board of Directors.  The Board's final choice was a profess-
ional Engineer and Professional Land Surveyor who had service
in an elective position in city government and experience in
Industrial Engineering, private practice and solid waste
planning.

     Candidates for other jobs in the Agency structure have
been found through the usual employment channels of "help
wanted" ads, personnel services, personal reference and by
transfer from the regular employment rolls of Agency member
cities.

     Although the original, relatively simple organizational
structure has been adopted, it has been modified to take
advantage of the various talents of staff members and adjusted
to particular circumstances, the basic concept has proven both
sound and workable.

     Figure V-l shows the Collection Division and the Disposal
Division - each with a Superintendent.  At the present time
these two positions have been combined into one General Super-
intendent of Operations who has one assistant.  This consoli-
dation was made when there was a vacancy in the Collection
Division Superintendent's position and it was found that the
incumbent Disposal Superintendent could direct both activities.
The most talented Collection Division Foreman was promoted to
Assistant General Superintendent

-------
PROPOSED  ORGANIZATIONAL STRUCTURE  FOR  AGENCY
                          CITY ft TOWN  COUNCILS
                                    AND
                          BOARDS' OF SUPERVISORS
                    METROPOLITAN SOLID  WASTE AGENCY
                                   BOARD

DIRECTOR STAFF
Ass't. Director

SERVICES
Legal
Engineering
	 Financial
Planning a Research

1
iCTION DIVISION
ntendent


>


1
DISTRICT #3
1- Foreman
- Route Crews
-Drivers
-Helpers



1
DISTRICT #4
-Foreman
- Route Crews
-Drivers
-Helpers


1

REFUSE DISPOSAL DIVISION
Superintendent

1 1
N.E. SITE
-Foreman
-Equip. Oper
-Laborers
-Attendants

ADMINISTRATIVE SERVICES
Personnel • Accounting
Supplies • Clerical • Budgeting
S.W. SITE
1- Foreman
-Equip. Oper.
-Laborers
-Attendants



VEHICLE 1
SEC
1 - For
- Me<
- Lab


-------
     The Agency is currently operating only one of the two
disposal facilities and the maintenance facilities.  When
the second site is opened and full maintenance is performed
by the Agency, the two Divisional Superintendencies will
probably be re-established, but may operate as assistants to
the General Superintendent.  The organizational structure of
the talents of the staff members and the structure shown in
Figure V-I is simply a guide which shows the levels of
responsibility and the functions to be performed on each
level.

B.  ADMINISTRATIVE STAFF.
     Staff requirements for any organization vary considerably
depending on the scope and magnitude of the operation.  However,
certain requirements must be met in an operation concerning
solid waste collection and disposal.  These requirements may
not be readily apparent to those unfamiliar with the details of
the work.

     Collection of solid waste has a high labor component which
requires considerable personnel management.  It also has a high
incidence of physical injury requiring many insurance and
workmans compensation actions.  The work is physically difficult
and as a result there is a high turnover rate among probationary
employees.  Many men try the work and find that they cannot or
do not wish to do that kind of physical labor.  Others are
eliminated by the Superintendents for inaptitude or various
other reasons.  All of this turnover results in extra personnel
work.

     Both the Collection and Disposal Divisions use a large
amount of equipment and this also requires administrative
attention.  As programs of preventative maintenance are
improved and expanded this administrative work will increase
but the end result is most certainly worth the effort.

     The public, which is the Agency's customer, demanded more
administrative effort than might be expected during the first
few months.  When the Agency first started operations the tele-
phones were in constant use.  Incoming calls were stacked up
to the extent that a phone would seldom be out of use for more
than 10 seconds.  Although information was promulgated via
newspapers, radio, television and direct mailing the public
telephoned for more information, made complaints and comments
at an unbelieveable rate.  Many people were upset because the

-------
city had seen  fit to charge a collection  fee to pay the Agency
for collection services in lieu of the former practice of
paying  for refuse service from the general tax fund.  They
called  to complain to the Agency even though this was entirely
a City  administrative matter.  Many people called to verify
information concerning collection schedules which were
published in the newspapers.  Others called to obtain information
which had been given via radio and television concerning rules
and regulations.  It must be anticipated  that public notices will
often not be received by a substantial portion of the public.
Trained administrative people must be available to handle this
work *

     Consistant with the principle that the Agency's organi-
zational structure be -sufficiently flexible to take full
advantage of specific talents of staff members, the first:
employee hired by the Director was a secretary, who proved to be
a first rate office manager with experience in business admini-
stration, accounting and personnel management as well as the
traditional stenographic skills.

     As cited  earlier in this report, the Agency has had
problems that  were associated with the controversial nature of
the work and the new and, at that time, untested form of
organization.  In the initial stages of the implementation
of the  Agency, there were only two staff people, the Director
and his Secretary.  The effort, efficiency and enthusiasm of
the staff has  been the major factor in the successful imple-
mentation of the plan.

C.  OPERATIONS STAFF.
     The majority of the staff of the Collection and Disposal
Divisions was acquired by transfer from similar city depart-
ments when the Agency took over solid waste operation from
the City of Des Moines.  Replacements have been acquired
through normal employment channels.  Provisions for the mass
transfer and for future transfer of member municipal employees
are contained in Personnel Rules and Regulations which are
included^ in the .Appendix as Document v-1.

     In general, the staffing of the operating divisions with
former city employees was satisfactory and certainly consistant
with social responsibility.  The provisions contained in  .
Document V-1.were worked out in advance and have proven to
be both>fair and equitable.  The only major problem encountered

-------
involved certain supervisory personnel.  After a trial period
some changes were made in supervisory assignments when the
incumbent either could not or did not wish to perform to the
upgraded standards required by the Agency.  The required
changes were made reluctantly and only after careful evaluation
but they were necessary and improved operations resulted.

     It has been found that competent, resourceful and
industrious people are essential to the success of the Agency.
It was learned that, when inheriting an existing staff, it is
wise to closely observe the managerial people and reserve both
judgement and permanent appointment to their existing jobs
until the manager has had time and opportunity to carefully
measure their performance in the work against the new standards
and conditions.  Frequently the members of middle management
levels do not share the enthusiasm of a new manager nor will
they readily accept the transfer of authority.

     Supervisory positions are too important to be filled
entirely via the seniority process.  Using seniority as the
prime factor has contributed many problems in the past and
was the basis of some of the supervisory problems faced by
the Agency when it inherited the City forces.  Favoring senior
employees as a reward for faithful performance should be
encouraged when it can be accomplished without a detrimental
effect on the operation.  Senior employees should be given
first consideration for higher paying jobs and for supervisory
positions but only when they possess or can acquire the skills
necessary to perform the work properly.  As solid waste systems
become more complex and management becomes more paper work
oriented it is necessary for those who participate in manage-
ment functions to have better basic education and training in
order to perform their work in a satisfactory manner.

     The Agency is now collecting approximately twice the
tonnage that was collected under the former city operation
where quantity was restricted and burning was permitted.
Approximately the same number of crews are now being used but
the per-man efficiency/production standards have been greatly
increased and improved.  The problem has been studied thoroughly
and it has been determined that these increased production
goals are not only possible - they are reasonable.

     If the quality of supervision had been higher, implement-
ation of improved production would have been much easier.  The
present quality of supervision is much better and further

-------
improvement will be accomplished by increased efforts,
training or replacements.

D.  PERSONNEL RULES AND REGULATIONS

     Any large organization needs written personnel rules and
regulations.  In the case of this Agency they were necessary
prior to the mass transfer which occured when the City's
solid waste collection and disposal functions were absorbed.
A substantial amount of time and effort was spent by the staff
prior to the transfer in the preparation of the Personnel Rule«
and Regulations, which are included in the Appendix as Document
V-l.  Many cities were kind enough to answer the Agency's
request for copies of their Rules and Regulations and their
comments.  From the replies received, the staff selected and
edited or rewrote the most appropriate rules on the various
subjects to be included.

     The benefits were virtually the same as those enjoyed by
the personnel of the City of Des Moines and, transferred
employees retained all rights, seniority and benefits they
had accrued with the city.

     The staff held many negotiating sessions with employee
representatives to review each and every provision prior to
final- adoption by the Board of Directors.  As testimony to
their careful preparation and value, in the second year of
employee negotiations only 14 of more than 300 paragraphs were
reworded in any way.  For the most part the Personnel Rules
and Regulations have been a satisfactory guide for both
employees and the management of the Agency.

-------
              PART VI - PROFESSIONAL SERVICES

     This Agency has needed various kinds of professional
services on many occasions and has obtained them when neces-
sary.  Without these services it is doubtful that the Agency
would have been created, or developed to the present status
or even survived attacks from those who were opposed to the
concept of an Agency or its projects.

     Sometimes professional services can be obtained by
borrowing talent from the staff of interested persons, firms
or municipalities.  In the case of the Agency, member munici-
palities contributed unselfishly when called upon to do so.
Upon other circumstances the Agency has retained professional
consultation and services when they were required.

     The extent that such services might be required is
difficult to predict for they vary greatly depending on the
circumstances.  For example this Agency has had to cope with
two major law suits that eventually were settled in the Iowa
Supreme Court.  It is likely that there will be other suits
before the Agency is firmly established and recognized by all
who for some reason or another would challenge its authority
and legality.

A.  LEGAL

     An outstanding example of obtaining professional services
from within the Agency members has been the legal services
provided by the City of Des Moines.  The City permitted their
legal staff to represent the Agency just as if the Agency was an
arm of the City.  Most of the legal documents, two law suits
that eventually were taken to the Iowa Supreme Court, certain
state legislation and many other matters were prepared or
handled under the skillful managements of Mr. Philip T. Riley,
Corporation Counsel of the City of Des Moines and Mr. M.  A.
Iverson, Assistant City Attorney of the City of Des Moines.

     Eventually, to prevent any possible conflict of interest,
the City declined to represent the Agency when the City was
also involved since their legal staff would under those circum-
stances be obliged to represent the City's interest.  At that
time the Agency retained Mr. David S. Sather, a Des Moines
attorney, who very ably serves as staff counsel and has
devoted approximately 50% of his time to Agency affairs.
At the time of the writing of this report the Agency also uses

-------
 the services of Mr.  John Connolly III,  a Des Moines attorney,
 as legal counsel for special projects.

      By resolution,  the Agency has given the Director the
 authority and responsibility,  to negotiate labor matters
 under, the general direction of the Executive Committee of
 the Board of Directors.  He has been given the additional
 authority to retain  legal counsel for these sensitive matters.
 Mr. John R.  Phillips,  a Des Moines attorney, specializing
 In labor and personnel affairs has been retained in the past
 .and has been extremely helpful as part of the negotiating
 team.

      The use of specialists in the legal field and as
 described in the following .sections concerning engineering,
 finance and  accounting has been an essential element in the
 success the  Agency has experienced to date.  Many difficult
 problems have been encountered and overcome.  The careful
 planning and building of a sound foundation is essential to
 any venture  and particularly to one of this type.  The Agency
 plans to continue the employment of specialists where their
 expertise can be used to advantage.

 B.   ENGINEERING.

      The U.S. P.H.S.  Implementation grant provided funds to
 retain the services  of a consulting engineering firm to assist
 in the implementation of the Agency's plans for collection and
 disposal.  The Agency awarded  a contract to Henningson, Durham
 and Richardson of Omaha,.Nebraska,  to provide the required
 services.  This was  the same firm that had recommended the
 course of action which had established the Agency and had
'layed out -the program to be followed for implementation."'

      Basically their services  consisted of advising and
 consulting with the ..Agency on  a continuing basis in all matters
 pertaining to operations,  costs,  financing, personnel,  organi-
 zational structures, .communications,  public relations,  site
 selection, equipment selection,  fees,  and the design of sani-
tary landfill sites .and facilities.  A copy of their contract
tis included  in the Appendix as Document VI-^1.  Any organization
.such as this Agency  must have  its own engineering capability
 for operational purposes but it is unlikely that they could
 afford to  have the same depth  of expertise that can be obtained
 from an experienced  firm of consulting engineers.  Not only  do

-------
they perform those technical functions normally associated
with engineering planning and design but they also prepare
the detailed cost estimates needed for budgeting and
accounting for income and expenses, determine rates or fees to
be charged for collection and disposal, determine capital
requirements and schedules for bond issues, and provide the
necessary documents, exhibits and testimony for hearings and
court cases.

C.  FINANCIAL

     The principal source of capital funds for the Disposal
Division is Revenue Bonds.  To market these bonds it is
advisable to engage the services of an experienced financial
consultant to assist in the development and marketing of the
bonds and to advise the Agency on financial matters leading
up to the bond issue.

     The Agency interviewed several prominent financial
consultants and selected the firm of Carleton D. Beh Company
of Des Moines, Iowa, to supply the necessary services.
Mr. Carleton D. Beh, Jr., Vice President of the firm has been
the principal representative.  His firm has been very valuable
in the initial preparation starting with advice on the proposed
legislative program and continuing through the preparation for
the bond issue.  The scope of their work is detailed in the
letter agreement between Beh and the Agency which is included
in the Appendix as Document VI-2.

     The firm of Mudge, Rose, Guthrie and Alexander of New
York City was selected by the City of Des Moines to act as
Bond Counsel for the anticipated Revenue Bond issue.  The
selection was made soon after the Engineer's Report was issued
containing recommendations for revenue bond financing of
capital improvements and recommendations for certain clarifying
legislation concerning the powers of the Agency particularly
in the financing capital improvements.  Mr. Walter E. Breen
is the principal representative of the firm for this client.
He and his associates, together with local legal and financial
consultation have been very effective in their work.  The
proposed legislation was passed, the amended and substituted
agreements creating the Agency was adopted and the necessary
documents for the bond issue are nearing completion.

-------
D.  ACCOUNTING.
         f irm o.f  Ernst & Ernst,  Independent Accou'nta
-------
                   PART VII - FINANCIAL

A.  SOURCE OF REVENUE.

     It was recommended in the original Engineer's Report,
the Agency operate the two functions of collection and disposal
as  separate divisions insofar as revenue is concerned, i.e.,
each should be self supporting.  Those who receive and enjoy
collection services should pay for these services at a rate
which will cover all collection costs including the cost of
disposal of waste material collected and the administrative
expense associated with the Collection Division.  Similarly
those using the disposal facilities should pay all of the
costs of disposal.  One service should not subsidize the other.
This principal, in addition to being fair and equitable, also
simplifies the issuance of revenue bonds where there is a
requirement that the net revenues of the Division issuing bonds
are pledged to pay the cost of that Division's activity and the
debt service on the bonds.  The Agency has subscribed to this
principle and sets their service fees accordingly.

     1.  Collection.

          At the time of this writing, the City of Des Moines
is the only municipality that subscribes to the collection
service of the Agency.  Others are considering requesting this
service but for a variety of reasons have not done so at this
time.

          A contract was executed between the City of Des Moines
and the Agency, a copy of which is included in the Appendix as
Document VII-1.  This contract was somewhat cumbersome because
it was temporary in nature and includes many special case
conditions.  It provided in part that the Agency would provide
domestic refuse collection service, and the City would pay a fee
which was nominally equal to $2.00 per dwelling unit per month.
This fee was based on the Agency's estimated cost of providing
the service.  Included in the cost was the disposal fee the
Collection Division would have to pay at the sanitary landfill
sites for disposal of the material they collected.  The contract
was rewritten at the end of the temporary period to exclude many
of the special conditions, to place it on a year to year basis
and to change the terms of payment to an annual lump sum payable
in monthly installments.

          By ordinance, the City added Chapter 52A, concerning
solid waste, to the City Code.  A copy of the Chapter is included

-------
in the Appendix  as Document VII-2.   This  Chapter contains
provisions  for the Agency  to  collect the  wastes  and for the
City to charge and collect a  fee  from the residential  units
served.

          The Agency will  provide similar collection service
to other members of the Agency  if and when they  request it.

     2.  Disposal.
              Agency provides disposal  service  at its sanitary
landfill.  The site is open to  anyone who  cares to use the
facilities.  A disposal  fee of  50C per  cubic  yard of material,
measured in the truck at the gate, is charged to all users of
the site with the exception of  automobiles and  station-wagons
which are admitted free.  There is a minimum  fee of $1.50.
This fee can be changed  from time to time  as  required to cover
the cost of owning and operating the disposal facilities.

B.  OPERATING EXPENSE.

  ,   A discussion of the operating expense of the Agency is
contained in Document VII-3 which is included in the Appendix.
This document in letter  form was prepared  by  the Engineering
Consultant to substantiate the  financial feasibility of the
Disposal Division for bond purposes but also  contains information
concerning the costs of  the Collection  Division.   The letter
contains cost breakdowns and schedules  for debt service,
maintenance, equipment,  labor,  overhead and administration.

C.  FINANCING OF CAPITAL REQUIREMENTS

     1.  General.

          The capital financing of the  Collection and Disposal
Divisions has been a story of frustration,  disappointment,
fortunate circumstances, hard work, and  excellent cooperation
a.nd assistance from the members in general  and  from the City
o>f Des Moines in particular.
 •                                                      ;h
          It was originally anticipated that  revenue bonds woui'd
b,ej> '-issued to raise the capital  funds to purchase the required
l'a»nd,  equipment and facilities  necessary to operate the Agency's
Collection and Disposal Divisions.  As  explaih'ed in Part IV
at court test was necessary to satisfy bond buyers1 that the
       send' its: bond: issue was based on  specific statutory
         / that was- proven; constitutional .   When this matter was
resolved* in favor of the Agency, they were  further  delayed
                                 st,

-------
because of a suit attempting to block the Agency from using
the eastern site.  To be marketable, the bonds must carry
the certification of the Bond Counsel that states, in part,
that there is no pending litigation.  The Bond Counsel could
not do this because of the suit.  Because the site was being
contested, it was also impossible for the Engineers to issue
the Financial and Technical Feasibility Report showing where
the sanitary landfilling would be conducted.  With this second
suit in the courts, the Agency was effectively blocked from
selling the revenue bonds necessary for their capital needs.

          Later when this suit was settled in favor of the
Agency, they were free to proceed with the bond issue.  At that
time, during the preparation of the bond documents, it was
decided to separate the capital needs of the two divisions and
to issue bonds for the two disposal site needs only and a resol-
ution was passed to that effect.  Before the bonds could be
issued, the Agency was once again in litigation, this time
involving the second site which the Agency was working to ac-
quire to serve the western part of the metropolitan area.  The
Bond Counsel could not certify that there was no pending litiga-
tion.  To eliminate this problem, the Agency was forced to
separate the financing of the two sites into two packages and
offer bonds at that time for one site only.  This was accompli-
shed and bonds were sold.  This entire process is discussed in
some detail in the following sections of this Part VII.

          When the second suit was filed over the use of the
eastern site the Agency decided not to wait for the new site
and the permanent financing in order to start operations.  It
certainly would have been easier if the Director and his staff
and consultants could have waited but public opinion and the mem-
ber municipalities were getting restless.  The Director was
authorized to work out alternate plans and to commence operations
as soon as he could make the necessary arrangements.  In the
summer of 1970, plans were made to start collecting domestic
waste for the City of Des Moines and providing disposal facilities
for the entire area without permanent capital financing.

          On November 1, 1970, the Agency took custody of and
began operating the existing disposal site (previously operated
by the City of Des Moines).  This site received most of the
waste from the entire metropolitan area.  At the same time, the
Agency began operating the domestic collection service previously
operated by the City.

          To acquire collection and disposal equipment, the Agency

-------
agreed to purchase the City's equipment at a price to be deter-
mined by independent appraisers.  The City agreed to stretch the
payments for this equipment over the useful life of the equip-
ment.  Old packer trucks and' old landfill equipment was scheduled
for 1 year purchase.  Medium age equipment was scheduled over two
years and late model equipment — 3 years.  This permitted the
City to dispose of their equipment at a fair price and the Agency
to acquire what was necessary without an immediate capital out-
lay.  Both benefited from this arrangement.

          Because the- Agency had no garage, maintenance or park-
ing facilities and- no capital funds to acquire them, the City
rented their facilities to the Agency and provided maintenance
services to the Agency on the same basis as if the Agency was a
division of the City.  There was inconvenience, occasional mis-
understandings and confusion, and infrequent harsh words on the
lower operating levels, but even under these difficult circum-
stances a workable arrangement was possible.  This' is largely due
to the spirit of cooperation which has existed between the City
and the Agency.
   t
          The Agency discontinued the use of City furnished
maintenance approximately one year after start of operation, and
operated its own limited maintenance facilities and contracted
out the major maintenance and repair work, for a period of time.
The Agency is now occupying leased facilities which include
offices, personnel facilities for the Collection Division, parking
and major maintenance shops.  The Agency will at sometime in the
future purchase facilities for these functions either at the
present location or elsewhere and at that time may issue revenue
bonds to acquire the necessary capital.

          Replacement of equipment is now scheduled into the
rate structures.  Several new purchases were financed through
bond anticipation notes and lease purchase agreements - remaining
purchases will probably be made from the equipment replacement
fund.                                                 :

     2.  Col1ect ion•;'

          The Agency ha's bank financed on the basis of Bond
Anticipation Notes,  purchases of replacement trucks to be paid
for from operating revenue' over 3 years.  Approximately two-
thibrds of their active daily fleet has been replaced' by this
method-.'  Bids'wisll soon be received for additional collection
vehdcles; which will replace the final one-third of their active

-------
fleet assigned to daily route work.  All collection vehicles
needed for daily collection service will be less than 4 years
old.  Future purchases will be made from operating revenue
on a cash basis from funds accumulated in an equipment replace
ment fund.

     3.  Disposal.
          a.  General

          Particularly frustrating to the Disposal Division has
been the lack of capital.  Without capital the Agency could not
pay for the new landfill site and needed improvements although
there was a purchase agreement in effect that permitted immediate
occupancy when the land was paid for.  As a result, they were
forced to continue operations at the old City site which was
deficient in cover dirt and limited in capacity.

          Not only was the Agency denied the use of a badly
needed site, they were faced with the expense of paying a sub-
stantial continuing fee to hold the land for their eventual use.
The Director was forced to renegotiate the purchase agreement
several times or face the loss of the site.

          In October of 1971, the Agency was forced to move to the
new site when the remaining capacity of the old City site was
exhausted.  An Agreement was negotiated with the land owner to
rent the site at a rental price which was in excess of what the
cost would be if it were owned.  In February, 1972, it was nec-
essary to renegotiate the rental agreement again and pay a price
which was even more expensive.  At the time this report is being
written, the Agency has sold revenue bonds for the Disposal
Division and has paid for the land, outstanding obligations on
the landfill equipment and is contracting for the construction of
the permanent site improvements.

          b.  Revenue Bonds for the Disposal Division

          The Engineering Report recommended two sites, one each
in the eastern and western parts of the service area.  This was
based on technical  reasoning and is consistant with the needs of
the community.  In addition, the Agency has made commitments to
the people to follow this recommendation.  At the time of this
writing they are operating the eastern site and working to acquire
the second one to be located in the western portion of the service
area.

-------
          The capital requirements for one site operation
and for two site operations are shown in Document VII-3 which
is included in the'Appendix.

          In December 1969, the Board of Directors authorized
a $2,250,000 bond  issue for the capital needs of the two divi-
sions.  This act plus the amended articles of agreement creating
the Agency set the stage for the court cases, which tested
among other things, the legality of revenue bond financing of
the capital needs of the-Agency.  When the Supreme Court of
Iowa rendered a favorable decision in September 1970, the
Agency was ready to issue bonds but by this time, they were
involved in a second law suit defending its rights to use the
eastern site.  Until that suit was settled, the Bond Counsel
could not certify that there was no outstanding litigation
involving facilities to be purchased with the bond proceeds.
Without this certification, the marketability of the bonds was
clouded.  The suit was settled in the Iowa Supreme* Court in
favor of the Agency in June 1971.

          With the suit behind them, the Agency made preparation
to issue the bonds as originally planned to raise the funds for
the capital needs of the Collection and Disposal Divisions.
There were many people involved.  The basic documents were pre-
pared by the Bond Counsel, and the Financial Consultant with
assistance from the Agency Director, the Agency's legal..counsel
arid the Engineering Consultant.  Later it was necessary to explain
the documents, provisions and procedures to representatives of all
the member municipalities and negotiate changes to "produce docu-
ments which would accomplish the intended purpose but be accept-
able to all interested parties.

          One major revision was made that revised the basic plan
for the financing' of capital' needs.  Since the City of' Des Moines
was the only member of the Agency using collection services
provided-by the Agency, many of the other members objected to
the ^.si-ngle bond issue' for collection and disposal.  Under the
terms of the bond is:sue as provided in the" several documents,
al-1 members would' be bound* irito the Agency and obligated to see
that the-revenues were produced for both collection and disposal
as -long as any bonds wer'e outstanding.  The general feeling was
that each entity not served by the collection service would be
forced to bear a portion of the responsibility for the collection
equipment arid facilities and'would not benefit 'from'its use,
therefore-, they should not be air any of the potential cost of a

-------
termination of the collection contract.  As a result, it was
decided that the bond issue should be for disposal purposes
only.  The negotiations and revisions then centered around
how to separate the collection liability from the disposal
liability.  Finally the liability was agreed upon and many
other miscellaneous matters were settled.

          In all there were some 15 separate drafts required
to reach agreement on the final acceptable documents.  Some 10
attorneys were involved in the drafting process and a final
group of 5 attorneys representing Des Moines, West Des Moines,
Pleasant Hill, Windsor Heights and the Agency and its Bond and
Financial Consultants were selected to finalize the Resolution,
Rate Ordinance and Solid Waste Agreement.  The documents which
were agreed upon and which are included in this report should
be a valuable guide to others contemplating a similar cause of
action.

          In the spring of 1972 each member of the Agency had
agreed to the terms of the bond documents and the Board passed
a resolution revising the original authorization for $2,250,000
in revenue bonds for collection and disposal and providing
instead for a $2,000,000 issue for disposal only.  Included in
this sum were funds for land, improvements and equipment for two
disposal sites, i.e., Metro Park East, the one site they were
operating in the eastern part of the service area and for one
additional future site to be located in the western part of the
service area.  This western site was not yet under the Agency's
control but the process of acquiring this site was well along
and it appeared that the Agency would acquire this site and
receive the necessary Special Use Permit from the County and the
State Permit.

          Before the bonds could be advertised and sold, the
Agency ran into legal difficulty in connection with the acquisition
and use of the western site.  Citizens in the unincorporated area
where the site would be located objected to the site and as a
result the adjacent town moved to annex the area.  The resulting
zoning and other problems made it impossible for the Bond Counsel
to certify that there was no outstanding litigation concerning
facilities to be purchased with the proceeds of the bond issue.
The Agency expects to resolve these difficulties and eventually
obtain the site free of litigation but for the time being, they
were stopped again.  This time the delay was minimal.  The bond
issue was cut to $1,500,000 to cover the cost of one site with
provisions to issue $500,000 of additional bonds at a later

-------
 time for a second site.

           The bonds in the amount of $1,500,000 were sold in
 December of 1972 at an extremely attractive rate of 4.39%.
 The issue received a Moody's Investors Service Rating of "A".

           Although the Agency has had many difficulties, which
 are described in this report, they have been1 overcome one at a
 time and each time the result has been extremely satisfactory.
 This first bond issue at the interest rate received is an
 indication that the Agency is legal, financially sound and that
 the documentation was convincing to the bond buyers.

           There are four bond documents, important to this
 issue,  which are included in the Appendix.

           The first. Document VII-4 is the "Solid Waste
 Resolution Authorizing the Acquisition and Construction 6-f the
 Disposal Project".  This is a lengthy document covering member-
 ship status,  a definition of the project, the bond terms and
 provisions, revenue disposition and other pertinent information.
 The document is the Agency Board Resolution and needed only the
 Boards  approval.

           The second,  Document VI1-5,  is the "Resolution
 Authorizing the Issuance and Sale of $2,000,000 of Bonds—".
 This document was required by Chapter 394.8 of the Iowa Code -
 it authorized the bond issue, designated the 'class of member-
 ship and authorized the  execution of the Service Contract.  This
 document heeded entity approval,

           The third, Document VII-6, is the "Solid Waste Disposal
 Service Contract", which "defines the member entities roles in
 the Age'ncy disposal projects.  It also defines the -Agency obli-
 gation  to the entities'and vice versa.  This document ;needed
 entity  approval.

       .   The fourth,  Document VII-7,  is the "Ordinance Auth-
 orizing the Levy and Collection 'of Rates, Fees, etc.'".   Chapter
 394.9 of the  Iowa Code requires that each entity must authorize
 the collection of such rates or fees required to ope-r'ate the
 disposal project.  The ordinance"established the rates  and
.fees to be charged for "the disposal service.  Each entity was
^required to accept and pass this ordinance.
                                •42.

-------
          These four documents bind the members together as
a cohesive unit, assure the continuity of the project and
protect the interests of the members of the Agency and the
bond buyers.

-------
                PART VIII - SITE SELECTION

A.  GENERAL.

     The site selection process is a complicated matter involving
environmental, social, economic, legal, political and availability
factors.  The conditions under which these factors appear and the
order in which they are considered, vary from community to commu-
nity, from site to site and from time to time.

     The first two factors are reasonably simple.  Either the
site is environmentally and socially acceptable  (or can be made
acceptable) or it is not.  If it is not, the site is deleted.
Except in a few cases where first rate sanitary landfills have
been the rule rather than the exception and where the final use
plan would be more acceptable than the existing land use, the
site neighbors will usually claim the site location is not
socially acceptable.  This is a subjective problem which must
be considered and a careful judgement made in the public interest.
Environmental factors are objective and require considerable
investigation as described in this part.

     Economic factors are reasonably straight-forward.  They
include costs of transportation, haul roads, land, site develop-
ment, operations, financing, and corrective measures to meet
social and environmental needs.

     Legal factors are similar to social and environmental factors.
If the site is legal, it can be considered, but if it is not, then
a judgment must be made as to whether the law .can. and should be
changed.  We are not suggesting that law should be changed to
enable landfilling where it would not be in the public interest
but frequently the law pertaining to modern solid waste practice
is obsolete or technically incorrect.  In such cases changes may
be beneficial.  It is necessary to consider the potential for
success if changes are sought and the consequences of the
delays'while pursuing the changes.

     Political factors are quite real and must be considered.
For a variety of reasons political leaders, acting on their own
initiative or in response to their constituency, may support or
oppose any particular potential site.  How to initiate or respond
to-this influence depends on the individual situation but a
carefully planned approach is always necessary.

-------
     The largest single problem facing the Agency's staff in
finding suitable land for sites is availability.  Although
the state statutes provide for condemnation and the courts
have upheld the law, the Agency's Board of Directors have
adopted the policy of not using the right of eminent domain.
Therefore the staff must find a willing seller and be able
to negotiate an equitable sale price.  The purchase of land
for public use without eminent domain can be difficult but
in the case of sanitary landfill sites the process is
complicated by the social and economic pressures exerted on
potential sellers by his neighbors against selling.  These
pressures can be enormous and as a result many excellent
potential sites have been withheld from the market.

     The Agency has worked with several real estate agents to
find land which could be considered although in general most
agents expressed little interest in spending much time or
effort in finding sites without inducement in the form of a
retainer or finder's fee which the Agency has declined to
offer.

B.  CRITERIA.

     In general, the following criteria is used in potential
site selection,

     1.  Land Use.
     The present land use must be compatible with sanitary land-
filling.  There is nothing inherently objectionable in proper
sanitary landfilling but it is a quasi-industrial activity
and as such should be located where it will not cause a sight,
noise or traffic nuisance.  In considering compatible existing
land use, it must be recognized that the duration of the land-
filling may be limited.  Therefore, land which is presently
undeveloped or used for agricultural purposes (although it may
have some other zoning) may be suitable for an interim land
use as a sanitary landfill.  If the present land use is not
compatible with sanitary landfilling, the site should be deleted
from further consideration.

     Zoning permits are also legal matters.  It is necessary
to comply with all state and local laws and regulations.  If
the zoning and regulations are not compatible with the locating,
siting and operation of a disposal facility and the intended
facility would otherwise be acceptable, changes and exceptions
can and should be requested.

-------
      2~.  Access.

      The site must be  accessible  to  highways  or major  arterial
 streets for  three reasons:

      a.  The haulers need heavy duty roads  to transport
         the loads without  damaging  the  road  structures.

      b.  Major  streets or highways reduce driving  time
         and thus lower hauler  costs.

      c.  The additional vehicular traffic generated by a
         disposal facility  is of  little  consequence to
         normal traffic flow on highways or major  arterial
         streets which can  carry  a relatively high number
         of  vehicles per day.   But the same amount of
         traffic would cause a  nuisance  if  routed  over
         local  streets which can  carry very few vehicles
         per day.

      Of these three reasons for good access roads,  the first
 two  are economic factors and the  third is social.

      Roads which are inadequate structurally  can be rebuilt  if
 necessary.   Roads which do  not  permit rapid movement of loads
 are  expensive to the hauler but they can be used.   The re-
 building cost and the  transportation costs  then should be
 considered along with  other economic factors.

      The nuisance factor of traffic  may  be  correctable.  The
 local street could be  rebuilt to  adequately handle the traffic
 or a different  route could  be constructed.  This would then
 become an economic factor.   If  the nuisance factor is  not
 correctable, the site  should be eliminated  as socially
 undesirable.

      3.  Environmental Acceptability - Surface and Sub-
         surface Testing.

      To be considered  as a  potential site,  it must be  possible
 to develop and  operate it in a  pollution-free manner.  The
 details of this item of criteria  are usually  included  in
 state and/or local regulations.   From a  siting standpoint, the
 ma^jor consideration is potential  surface and  ground water
 pollution,   if  the site,  in its natural  state is nbt suitable,
 it is possible  that corrections can  be made to make it
'suitable, but if so the cost of the  correction must be

-------
considered with other economic factors.  If the site is not
suitable and not correctable, it should be deleted from
further consideration.

     Modifications necessary to prevent ground water pollution
(through sealing or leachate collection and treatment systems)
may be practical although they will usually be expensive.

     It is necessary to understand the subsurface conditions
of a site before it can be designed into a sanitary landfill
or even seriously considered as a potential site.  The
procedure followed by the Agency consists of a multi-staged
surface and subsurface investigation.

     In the first stage, existing information is gathered
such as: adjacent well logs, soil maps, topographic maps,
aerial photos, regional geological data, and visual on-site
inspections.

     The second stage consists of reconnaissance drilling.
On several occasions the Agency has been able to secure the
use of the City of Des Moines1 portable trailer-mounted drill
rig for this work.  Where this rig was not adequate, commercial
drilling was obtained.  This drilling is used to establish
the general soils conditions.  If these conditions are unfavor-
able, the site is rejected from further consideration.  If
favorable, the site can be further considered subject to the
findings of the final and more extensive drilling programs.

     During the reconnaissance drilling visual soils classi-
fications are made and rough profiles are established.
(Laboratory tests are not normally included).  Usually this
work can be accomplished in one day.  On several occasions,
sites were eliminated with as few as 3 holes when the boring
showed predominately saturated fat clay or predominately sand
with high water table.

     If a site has been selected for purchase after favorable
evaluation of all items of criteria, the purchase agreement
usually has a provision concerning suitability of the sub-
surface conditions which are determined after the final
drilling program.  This final drilling program is designed
to secure the detailed information necessary for the approval
of all concerned regulatory authorities and for the design of
the site.

-------
     In the past the consultant has designed drilling programs
based on the date obtained in the first two stages with the
option of adding, deleting or modifying the program as final
drilling progresses.

     The extent of the final drilling for regulatory approval
purposes will vary with the requirements.  The drilling for
final design purposes is discussed in Part XI of this report.

     4.  Adequate Cover Material.

     To be considered, a site must have cover material available
in adequate quantities and of adequate quality.  This criteria
item involves both environmental and economic factors.  There
must be enough cover material to provide daily cover to prevent
blowing papers, maintain sanitary conditions, control fires
and to provide final cover for future land use.  The;quality
of the material is a relative matter.  In some parts of the
country all of the available sites have poor quality material,
some worse than others.  Many authors list sandy loam as the mat-
erial to be used and any operator having this material would be
fortunate indeed.  The selection of cover materials however must
be made from what is available.  Most soils can be used from an
environmental standpoint but some remedial action might be
required.

     The quantity and quality of soil can have an enormous effect
on the economics of a site.

     The total quantity of waste material that can be placed in
any given site is frequently limited by the amount of cover
material available.  This directly affects the amortization of
land costs and the amortization of the site development costs'.
In addition, the cost of site operation will vary considerably
depending on the characteristics of the soils that influence
drainage, traction, and freezing.

     5.  Minimum Driving Distance.

     A site should be located as close to the source of waste
as other.factors will permit in order to minimize the hauling
cost..  In many cases, the cost of hauling the waste to the
site is equal to or exceeds the cost of disposal at the site.
This, is an extremely important economic item which will usually
exceed other economic factors.  Modern engineering techniques
now include mathematical modeling enabling consideration of
this cost factor in the selection of sites and facilities.

-------
     6,  Economical Land Cost.

     This item of criteria is important but often grossly over-
rated.  Many economic factors are more significant.  For example,
in the case of the Agency's eastern site, the land cost was
approximately $240,000 for 400 acres.  This site has a total
potential of 14,000,000 cubic yards or approximately 7 million
tons.  At the current cost of approximately $2.00 per ton, the
total cost of filling this site is $14 million.  The land cost
represents only 4% of the total disposal cost including financing.
Of course, this site is a multi-lift site with a very adequate
supply of cover material.  If the site were a one lift cut and
cover operation, the land cost could be several times as signi-
ficant but still minor when other items are considered.

     7.  Terrain Features.
     This item includes topography, ground cover and drainage.
These items affect the cost of development and operation and
must be considered as an economic factor in the selection of
sites.  They may have a significant effect on the total waste
capacity of the site which will also influence the unit land
cost and unit development cost.

     As a general rule, it is advisable to first consider the
high ground or uplands.  Usually the soil is deeper, there are
fewer ground water problems and in many cases there is no
drainage from other land passing through the site.

     8.  Final Use Plan.
     The final use plan for any potential site will have far
reaching social and economic effects.  This is best explained
by a factual example.  In the case of the previously mentioned
Agency!s eastern site, the site will ultimately be developed
for public recreational purposes.  Included in the design is
a championship 18-hole golf course, sports areas and open
space.  The Agency's Board of Directors have offered to
donate the land upon completion to the Polk County Conservation
Board who in turn have officially indicated that they will
accept it when the Agency has completed their use and the
preliminary development.  At the completion, the site will have
been graded for the intended land use, the major hard surface
roads will be in place, there will be permanent buildings,
utilities, fencing and landscaping.

-------
     This intended final use plan had a significant effect on
the County Zoning Board of Adjustment when they considered
the granting of the required Special Use Permit.

     The design of the site permits multiple lifts of refuse
and thus the 14 mil].ion cubic yard capacity.
     If some other final use plan had been required which
limited depth of fill, the capacity may have been severely
reduced and thus the unit land and unit development cost increa-
sed.  The Agency considered the granting of the permit and the
large site capacity major achievements which were gained at a
relatively small cost.

     9.  Availability.
     The land must be available for purchase either because
the owner is willing to sell or because the purchaser has the
right of eminent domain over the land and is willing to 'exercise
this right.  Sometimes site selection may be reduced to the
single question of:  What is available that can be used?

C.  COUNTY SPECIAL USE PERMIT.

     The zoning regulations of Polk County provide for sanitary
landfills within certain zoning classifications.  However, in
addition to required zoning, a "Special Use Permit" is also
required for sanitary landfill usage.  The Board must hold
hearings and consider each case on its merits based on certain
criteria contained in the zoning ordinance, which is included
in the Appendix as Document VIII-1.

     The Agency has been successful in obtaining a special use
permit for the present site which is known as Metro Park East
and located approximately 10 miles east of the Des Moines City
limits.  For details of this special use permit hearing and
subsequent court cases ending in the Supreme Court of Iowa, see
Part X of this report.

     The Agency was unsuccessful in two other applications for
a special use permit for an additional site to serve the west-
ern portion of the service area, however, through the determi-
ned efforts of the Agency staff and recommendations from the
Iowa State Geological Survey, the Agency has now been success-
ful in their latest attempt and have both the County Special Use
Permit along with the State Department of Environmental Quality
Permit on the Western site.
                                 70

-------
     It would be useful to discuss the unsuccessful permit
applications for the benefit of those who may face similar
problems.  In the first unsuccessful case, the procedure
developed in the previous successful application was followed.
Very detailed site development plans were made.  Models were
constructed to show present and future topography.  Subsurface
geology was investigated and drilling logs and profiles were
displayed.  Careful analysis was made of potential pollution
problems and adequate safeguards were developed.  Additional
data concerning traffic, and other social factors were presented.
The land was suitable in all respects and met all of the criteria
which has been discussed in the proceeding sections of this part.
Favorable testimony or depositions were obtained from responsible
Planning, Soil Conservation and State Health Officials.

     The application to the County Zoning Board of Adjustment
was made after unanimous approval of the Board of Directors of
the Agency-  This Agency Board consists of elected officials of
all of the cities and towns in the county and county officials.
These officials when authorizing the Agency's request for the
permit were acting upon the specific instructions of their city
or town council or county board of supervisors.  In effect, it
was an application made by all of the cities, towns and the
county.

     Unfortunately, the opposition to the use of this land for
a sanitary landfill site was influential, well organized and very
effective.  It consisted of several immediate neighbors and
others who lived or had interests several miles away from the
site.

     There is little doubt that if these two opposing views
were presented under the rules of a court trial before a judge,
the permit would have been granted but the hearings are rather
informal and each member of the Board of Adjustment must vote
as he sees the issues.  Much of the testimony of the opposition
would not have stood up under formal cross-examination and much
of the evidence would have been discredited if formal procedures
had been followed.

     There is also a time factor involved.  Usually hearings
before this Board are brief and seldom last longer than one
hour.  This hearing lasted most of the day and could have lasted
two days or more if each point made by the opposition which should
have been challenged had been challenged.  It was not that the

-------
Agency did not care to go into these matters due to the time
and effort involved, but it was reasoned that continuing the
hearing would only tire and alienate the Board who had already
heard more than enough.  Perhaps there was a false sense of
security and confidence since the Agency's case was felt to
be overwhelming and the previous application had been granted.
It was also felt that the Board was well aware of the false
assumptions and baseless claims made by the opposition but
this was a mistake.  The Board voted to deny the permit but
stated that they recognized that the Agency needed a western
site and would consider other locations at another time if
application were made.

     The lesson to be learned here is to pursue each case
down to the last debatable item and be prepared to challenge
any claim made by the opposition which cannot be supported in
fact.  Previously, the plan was to present a careful case for
the approval of the application.  This was a correct approach
but it is also necessary to anticipate each move the opposition
may make and include counter points as part of the affirmative
presentation.

     The second unsuccessful application will not be explained
in this report for there is no applicable lesson to be learned.
It was a special situation which probably does not have appli-
cation elsewhere.

D.  STATE REGULATIONS.

     In the summer of 1971, the Iowa State Health Department
held hearings on proposed regulations concerning solid waste
disposal projects.  The Director of the Agency representing the
single largest operator in the State, a Committee of the Iowa
Chapter of the American Public Works Association with the Agency
Director as Chairman, and other interested and knowledgeable
individuals and organizations met with the State Health Depart-
ment and other State Officials to produce adequate and workable
rules and regulations.  As a result of these meetings and efforts,
the regulations which are included in the Appendix as Document
VIII-2 were adopted with an effective date of October 1, 1971.
These regulations are included in this report to show the
conditions under which the Agency must operate.  The Agency
staff and Engineering Consultant does not agree with some of
the provisions but in general they are reasonable and offer
a high level of protection to the public health and welfare.
'The regulations as adopted are only similar to those

-------
which were proposed in the original draft.  The State made
the necessary modifications to produce the final document
after considerable expert testimony exhibited the need
for changes.  This is an excellent example where industry
and government can cooperate and produce a final result that
is mutually advantageous.
                                 73.

-------
                PART IX - SITE ACQUISITION
     The acquisition of land for a sanitary landfill is normally
not a simple real estate transaction.  The degree of complication
may depend in part on the legal, political and financial status
of the purchaser; the state and local laws and regulations pre-
vailing at the time of purchase; the attitude of  the community
and site neighbors concerning sanitary landfills; the particular
location and geological condition of the site in  question; and
the .time involved between purchase agreement and  operations.
The remarks contained in this part of the report  describe
some of the problems encountered in the site acquisition process
and the actual acquisition of Metro Park East, the sanitary
landfill site which is owned and operated by the  Agency.  They
are based in part on the conditions which prevail in the service
area of the Agency and the laws of Iowa and Polk  County but
may have general applicability to other situations and other
political jurisdictions.

     The first efforts were made to locate a suitable site in
the southwest general area.  The original report  had located a
suitable site that fully met the criteria set for site selection.
There were problems associated with this site that could be
overcome provided the local governing bodies would cooperate.
The land on the edge of and included within a large rural area
which had been mass zoned as suburban residential.  The land use
was agricultural with a few private residences nearby.  These
residences, however, were situated in such a way  as to be un-
effected by the site operation.  There were some  residences within
the land proposed for purchase that could have remained or been
purchased at the owners option.

     This particular site was located immediately across the
county line into another county, not a member of  the Agency.
In addition to rezoning, it was necessary to obtain a special
use permit for the operation of a sanitary landfill.

     The intent of the Agency was explained to all proper
officials of this county,  their aid was requested, and they
expressed a willingness to cooperate.  The site neighbors
however were not willing to cooperate and organized a highly
effective counter campaign.  At the public hearing where the
site acquisition was discussed, the organized opposition
presented such .a bad picture of the proposed sanitary landfill
operation,  the county officials became uncooperative.

-------
     In light of the emotional atmosphere and the political
and economic background activity, the Agency could not over-
come the opposition.  An attempt was made to counter the
opposition's erroneous claims with facts but the atmosphere
was unreceptive to facts.  Several of those appearing in
opposition used data from the report out of context and
exaggerated the conditions.  In fairness it appeared that
many of the opponents were trying to present their views as
they saw the situation and probably did not deliberately dis-
tort the presentation.  They were looking out for their own
interest and did a highly effective job of it.

     The whole situation was highly frustrating for the Agency
and many of its members who were working very hard to acquire
this site.  The Agency realized it was being beaten for reasons
which were unfair, but they were nevertheless beaten.  The
Agency needed the approval of the County Officials from this
neighboring county, but they were not about to grant the
necessary zoning and permits for the Agency to transport someone
else's garbage into their backyards.  This site situation was
finally resolved when another prospective buyer purchased the
land from the seller and removed it from the market.

     Concurrent with the activity to purchase this site, the
Director was able to negotiate an agreement which could lead
to an option on another site within Polk County, a member county
of the Agency.  This site was smaller and less suitable than the
first site selected but would be acceptable and was in the same
general southwest part of the metropolitan area.  If an option
could have been obtained on this property it would have been
held as an alternate site to be used if the primary site proved
unobtainable..

     Hearings were held for public comment and these hearings
which actually preceeded the first hearings resulted in similar
hard feelings.  People simply would not permit the development
of a "dump" in their area.  Resistance came from miles around
and was highly effective.  The Agency Board of Directors auth-
orized the taking of the option but no steps were taken at
that time to do so.  It was felt that the first mentioned site
was still a distinct possibility and a better site.

     Each of these two sites were test drilled in a preliminary
manner to determine the suitability of the subsurface soils.
They both appeared to be acceptable.

-------
     A third site became available, located a  few miles into
the adjacent county  first mentioned.  This site appeared less
objectionable to the neighbors and after consultation with the
County Officials they indicated they were willing to listen to
affirmative arguments.  The negotiations on this property were
highly complicated by the fact that it was an  estate involving
three executors and many heirs.  After several meetings and
consultations with the Agency's site committee, permission to
drill this site was granted.  The preliminary borings however
showed that this site was unsuitable and it was not pursued
farther.

     The Agency has the right of eminent domain although it
must be exercised through one of the member political jurisdi-
ctions.  The Board of Directors of the Agency  however has
adopted the policy of not using this method of acquiring land
because they feel it is politically unacceptable.  They can
change this policy but up to the time of the writing of this
report the Director has had to find willing sellers and this
has been difficult.  It is further complicated by the desire to
conduct negotiations quietly and out of the public's view.  The
objective is to obtain an option which will bind the seller
before knowledge of the potential sale is made public.  The
seller is often subjected to social and financial pressure not
to sell by neighbors and general objectors.  The option permits
the Agency to abandon the purchase after the full facts are
disclosed at public hearings and Board meetings if that.is the
wish of the full Board of Directors.

     The public information trips described in the Narrative
were found to be extremely useful.  Although potential site
neighbors were not converted from hostile advisaries to either
supporters or non objectors, others and particularly the civic
leaders and municipal and county officials gained an under-
standing of what a proper sanitary landfill looked like and
how it could be operated in a nuisance free manner.  Their
support is necessary to the acquisition and use of sanitary
landfills.

     To show that the Agency was truly pursuing the two site
policy, the next site considered was a site on the eastern edge
of the metropolitan area.  Using criteria similar to that
described in Part VIII,  the Agency selected a parcel of land which
was being, used as a farm and located in eastern Polk County
approximately 10 miles east of the city limits of ,Des Moines.
This land was not in the immediate area recommended by the

-------
Engineers in the original report but was in the same general
area - namely the eastern part of the county.  If the Board
of Directors had authorized the Agency staff to use the
Agency's power of eminent domain, a site probably would have
been acquired elsewhere but the Board would not and therefore
the staff confined their search for sites to those which were
offered to the Agency by a willing seller.  This site is a
good one and may be physically superior to other potential
sites in the recommended area.  The primary difference is in
access.  The recommended area was located near an exit of the
interstate highway system, whereas this site is immediately
adjacent to an excellent divided state highway although
several miles further from the centroid of the waste to be
delivered to the site.  The only disadvantage of this site is
the increased haul cost in driving a few miles further.
This added haul cost was carefully considered but the poli-
tical realities of site selection and acquisition indicated
the site was a good compromise.

     The subsurface conditions of the site had been checked
in a preliminary drilling program and the Engineers had
determined that the site was acceptable from a geological
standpoint.  The site also met all of the other site selection
criteria.  The Engineers then designed a complete testing
program to investigate the subsurface conditions in the degree
of detail necessary to confirm the preliminary finding, deve-
lop the information necessary for the design of the site dev-
elopment -and operational plans and to determine the refuse
capacity of the site.

     The formal soil testing program, completed by a
professional testing laboratory under the Engineers direction,
confirmed the preliminary finding and showed that the site
had more than adequate quantities of suitable cover materials
available.  It also showed that there would be no problems
with ground water pollution.

     Development plans of this 400 acre site were prepared
in accordance with a previous agency decision to dedicate
the final use of the site to public recreation-specifically
a golf course, other recreation and to open space.  This
final use plan permitted the site to be designated for a
very large volume of refuse.

     Dedicating the final use of this site to public recreation
and open space precluded the Agency from selling the site upon
                                 77

-------
completion of the filling and thereby eliminated the possi-
bility of recovering the $240,000 cost of the land purchase.
The Agency Board felt that the public relations benefit
would more than off-set the value of the land.  Even though
the Agency held a purchase agreement and it appeared that
they would be able to finance the purchase it was still
necessary to obtain a Special Use Permit from the County
Zoning Board of Adjustment.  The law requires this permit
even though the land was properly zoned for sanitary land-
filling.  The County Board must consider many e.lements when
deciding whether or not to issue the special use permit.
The County Board did grant the permit and it is believed
that the final use plan had a favorable effect on the Board.

     The Engineers first designed a preliminary set of plans
for the site development.  This set included concrete entrance
roads, fencing, a combination scale and entrance building,
water supply, electric power supply, a maintenance building
with office, personnel facilities and equipment yard, land-
scaping, area lighting, entrance sign and the layout of the
golf course and recreational areas.  The plans also showed
the subsurface geological conditions and other useful graphics
to be used at the Special Use Permit hearing before the County
Zoning Board of Adjustment.

     A conditional purchase agreement was negotiated and
signed in March of 1970.  A copy of the purchase agreement
"Offer to Buy Real Estate and Acceptance" is included in the
Appendix as Document IX-1.

     This agreement contains provisions in Part I, paragraphs
A thru D, which void the agreement if the Agency cannot
finance or use the site.  Paragraph A concerns zoning.  It
was necessary to obtain a Special Use Permit from the County
Zoning Board of Adjustment.  This permit was obtained as
described in Part VIII of this report.

    v Paragraph B concerns financing.  The authority of the
Agency to issue revenue bonds was being tested in the courts
at the time the agreement was negotiated.  This matter has
been resolved in favor of the Agency.  See Part VII of this
report for details and the status of this bond issue.

     Paragraph C concerns permits and approvals from state
and local authorities.  When the agreement was negotiated.

-------
the state regulations had not been adopted nor had the
detailed subsurface soil testing program been accomplished.
Preliminary borings which were conducted with the owner's
permission before the agreement showed the site suitable
from an operational standpoint, but it was unknown what sub-
surface or operational requirements the state would impose
in their regulations.  These regulations have been adopted
and the Agency has applied for and received the state permit.
In fact, the Agency has the first permit issued for an
operating site in the State of Iowa.

     Paragraph D concerns legal restraints.  It was antici-
pated that the Agency would be sued if they received a Special
Use Permit and attempted to use the site.  This did occur when
neighbors of the proposed site attempted to prevent the use
through court action.  The case was finally resolved in favor
of the Agency in the Supreme Court of Iowa.  See Part X for
details of this suit.  The Agency is not anticipating other
legal action but the provisions of this paragraph could be
used if the Agency was denied use of the site on legal grounds
prior to final payment.

     Anyone purchasing land for use as a sanitary landfill
should include these and/or other conditions in the purchase
agreement to protect the purchaser in the event the site cannot
be used.  If the site was used as a farm and the highest and
best use of the land was agricultural, and was priced accord-
ingly, the land could probably be resold at a minimal loss in
the event the land could not be used for landfilling.  However,
the price of land is frequently based on a highest and best
use which is greater than agricultural, or a negotiated
premium price must be paid.  In this event a resale would
have to be to some developer or speculator and a potentially
larger loss may be involved in the event the land for some
reason could not be used for sanitary landfilling and had to
be resold.

     This agreement contains some other provisions which
may be of interest to potential purchasers of sites other
than the usual essential element found in a sales contract.

     The purchase agreement provided for a six months
termination period.  At the end of this period the Agency
was not in position to pay for the land because the bond
issue was being held pending the outcome of litigation.
An "Extension Agreement" which is included in the Appendix
as Document IX-2 was negotiated.  This agreement provided

-------
for compensation to the seller in the form of an annual
interest payment on the amount of the previously agreed
sale price in consideration for holding the property avail-
able for purchase by the Agency when they were able to do so.

     The extension covering a five-year period also provided
that the Agency would pay taxes, assessments and certain other
items of expense.

     In September, 1971, a letter of intent to use the site
for sanitary landfilling was sent to the seller and acknow-
ledged by him.  This letter provided for a $2,500 per month
payment in addition to other payments and covered a five
month period.  The letter is included in the Appendix as
Document IX-3.  At the end of this five month period, an agree-
ment was negotiated extending the time at a higher rate of
payment.  The Agency began using the site on October 1, 1971
and is operating it at this time.

     The Agency completed the original purchase agreement
upon sale of bonds as described in Part VII.  All special
payments to the seller other than the lump sum purchase price
have ceased.

     It is recommended that professional real estate
appraisers be employed to appraise any land which is being
considered.  Their expertise is valuable in establishing a
proper purchase price range for negotiating purposes and in
addition provides creditability with the public once negot-
iation results are announced.

     The Iowa Statutes and the Supreme Court of Iowa decisions
permit the Agency the power of eminent domain indirectly
through its member municipalities.  The Agency's Board of
Directors has decided against using this power, up to this
time, preferring instead to negotiate the purchase of avail-
able land from willing sellers.  They have, however,
investigated this method of acquiring property and may use it
in the future if conditions warrant.  Document IX-4, which is
included in the Appendix, is a letter from Mr. M. A. Iverson,
Assistant City Attorney of the City of Des Moines, to the
Agency covering many aspects of this process.  It is included,
for informational purposes, for those who may contemplate
using this method of acquiring property.

-------
              PART X - LAW SUITE TO USE SITE

     Neighbors of the eastern sanitary landfill site tried
to block the use of this site through a court action which
was finally settled in favor of the Agency in the Supreme
Court of Iowa.

     Events leading to this Supreme Court decision began
with a purchase agreement between the land owners and the
Agency.  The land was being operated as a farm in an unincor-
porated portion of Polk County, zoned A-l, Agricultural
District under Polk County Zoning Ordinance.  One of the exp-
ressly permitted uses of A-l land is sanitary landfills
but the Ordinance also requires that (prior to the use of
land for that purpose) a Special Use Permit must be obtained
from the County Zoning Board of Adjustment.  (See Document
VIII-2)

     The Agency applied for the Special Use Permit and a
hearing was held by the County Board on May 21, 1970.

     This hearing was a major undertaking involving extensive
preparation.  Several members of the County Board said it
was the most thorough presentation they had ever heard.  The
Director with his legal and engineering consultants realized
that this was a vital matter requiring their best efforts and
it was successful.

     There was opposition of course, but they were not as well
prepared nor were they armed with graphics and factual data
as presented by the Agency.  Their chief attack consisted of
protesting by site neighbors claiming potential pollution,
traffic, noise and other nuisance and the reduction of property
value.  Although they lost in their efforts to defeat the
granting of the Special Use Permit, they did not end their
efforts at this point.  The neighbors filed suit against the
County Zoning Board of Adjustment in the District Court
attempting to overturn the decision of the Board.

     The plaintiffs delayed the case at every possible point.
They took all of the time legally allotted between each of
the several steps involved in the legal process.  They even
requested and were granted extra delays for a variety of
reasons.  The Agency on the other hand took every legal way
to advance the case in the minimum time.  One tactic was tried
unsuccessfully by the Agency to bypass the entire District

-------
Court process and move directly to the Iowa Supreme Court
charging that the District Court had erred when the suit
was permitted to proceed with the County Zoning Board of
Adjustment as the only defendant.  The Agency claimed in
part that they were denied adequate defense by the District
Court when they were not named as co-defendants.  If this
had been successful, the Supreme Court could have assumed
original jurisdiction and the time for the lower court suit
could have been avoided.  It was not successful because the
Supreme Court declined to receive the case directly and
instead instructed the lower court to include the Agency as
a co-defendant.  Time was lost, but it appeared worth the
gamble.

     The Agency and the County Board prepared for a vigorous
joint defense.  The preparation was to take two paths;  One
path was basically legal involving the matters of the authority
and legal status of the County Board and their procedures.
The other path involved technical matters concerning sanitary
landfilling and the associated activities.  The County Board
was represented by an attorney who normally represents them.
The Agency was represented by a member of the legal staff of
the City of Des Moines who had been acting as the Agency's legal
counsel, plus the Director and the Engineering Consultants.

   .  When the case finally came to trial in late October 1970,
the judge permitted all of the technical information which had
been presented at the permit hearing to be reintroduced, not
so that he could substitute his judgement for that of the
Board, but to assess the adequacy of the information upon which
the Board based its decision.

    . The plaintiff also presented arguments attempting to
prove potential ground water pollution,  nuisance and deprec-
iation of property value.  These arguments were effectively
thwarted by direct testimony from the Engineer Consultant's
staff personnel and by cross examination of the plaintiff's
chief expert witness.  The effectiveness of the defense was
due largely to the thorough preparation of the case and the
familiarity the defense lawyers had with the technical
matters involved.  To be effective in technical matters the
lawyers were instructed to the point that they completely
understood what was to be brought out in direct and redirect
testimony and what points should be pursued in cross-examining
the. plaintiff's witnesses.

    • The District Court heard the appeal on September 28,  19.70,,

-------
A copy of the findings and conclusions are included in the
Appendix as Document X-l.  It is interesting to note that
the reason District Court Judge Wheeler heard a repeat of
all of the testimony presented at the Permit Hearing was,
not to substitute his judgment for that of the Board, but
to test the sufficiency of the evidence.  On October 26, 1970,
Judge Wheeler ruled in favor of the Board and the Agency.
The plaintiffs appealed.

     The case was ultimately decided in the Iowa Supreme Court
in July of 1971.  A copy of the decision (188 NW 2d 860) in
favor of the Agency is included in the Appendix as Document
X-2.

     There was much legal maneuvering involved in the court
cases which is not cited in this report but briefs, appeals,
cross appeals and various motions can be obtained from the
legal counsel listed in Documents X-l & 2.

     It has been speculated that there were two motives
behind the suit.  The first being that they might be success-
ful in their suit and therefore the permit would be nullified.
The second motive being a delaying tactic.   The plaintiffs,
as well as the community as a whole, knew that the Agency had
a pressing need for a site and that a delay would be trouble-
some at the very least.  It may have been reasoned that a suit
and the subsequent delay could cause the Agency to abandon
efforts for this site and go elsewhere.  The Agency, however,
was determined that this would not be allowed to happen and
resolved to continue their fights for this site.

-------
                PART XI  - SITE DEVELOPMENT
A.  GENERAL.
     Site development planning includes the final use plan,
 filling strategy, earth movement plan and design of physical
 facilities.  New state and local regulations now require part
 of this planning for the necessary permits but aside from
 regulations this planning process is extremely valuable and
 warrants careful attention in the original designs and
 subsequent operations.  For example, the Agency'.s Metro
 Park East sanitary landfill site has a design capacity of
 more than 8400 acre feet of refuse which is equal to approxi-
 mately 13.6 million compacted cubic yards.  At the current cost
 of .operation, approximately 14 million dollars will be spent
 to fill these 13.6 million cubic yards.  Although this ds a
 very economical rate per cubic yard the magnitude of the
 project represents a very large sum of money.

     While filling this volume of refuse, approximately 3.3
 million cubic yards of daily and final cover will be used.
 This is not the simple "cut and fill" type earth movement
 that most people are familiar with.  In sanitary landfill
 work the earth movement is complicated by the fact that the
 earth must be removed down to the level where the waste wi]1
 be deposited before placing the waste and then this earth is
 gradually used as daily cells are constructed.  If the earth
 is not removed first it is buried under the refuse and is no
 longer available.  Also some parts of the site will be
 deficient in earth whereas other parts will have a surplus.
 The movement of this earth from one part of the site to
 another is expensive and must be minimized for economical
 operations. The earth work design calculations are complicated
by the fact that the amount of daily cover required in any
 particular part of a site changes whenever dirt is moved on
 the site.  When surplus dirt is moved from one part of the
 site to another the volume available for filling in the area
where the dirt was removed is increased by the amount of
 earth moved out.  The area receiving the surplus dirt has its
 available volume decreased in the same amount.  The area that
has the increased volume then requires more daily cover and
 as a result the amount of the surplus is reduced which changes
the problem again.

     Computer methods have been developed by the,Engineering
Consultants which permit solutions to problems of this type.
The movement plans which are. described in following paragraphs
of this part of the report show where cover is required,  the

-------
         I
amount of refuse to place in each part of the site and the
optimum plan to move surplus dirt to various parts of the
site.

     The final use plan shows the physical shape of the land
after the design capacity has been placed.  This final use
plan is also the filling plan which together with dirt
movement schedules determine where the waste is to be placed.

     The placement of the waste, the size and shape of the
cells, and the sequence of cell construction is the filling
strategy.  Field personnel must be instructed in the use
of the plans, schedules, and the filling strategy if a
successful operation is to be accomplished.

     In previous years an owner might have selected a heavy
equipment operator to be the disposal foreman or superintendent
and given him a raw piece of land and some available equipment
with instructions to run a disposal site.  If this were done
with a site such as Metro Park East the results would be a
disaster.  Left to field planning there is no way that the
design capacity of this site could be realized and only
imagination can describe the cost of the operation.

     Under present laws and regulations some site planning
and development is required.  The major thrust of these require-
ments, however, are concerned with prevention of pollution
and nuisance with a very minor emphasis on operations.  The
authors of this report believe the total site planning and
design should be very thorough and that these plans should be
faithfully followed in the field.  The cost of this planning
is insignificant in comparison to the benefits that will be
derived.

B.  FINAL USE PLAN.

     The final use plan has three functions.  The first is to
determine what the land will be used for when the filling is
completed,  the next is to determine the total waste capacity
of the site and the last is to show the final contours.  The
first two functions are inseparable and must be developed
simultaneously.  The Agency's site is planned for a recreat-
ional use once the filling is completed.  Included is an 18
hole golf course,  clubhouse area with tennis courts and other
sports areas, and open spaces.  This final use was decided
in cooperation with the County Conservation Commission

-------
and it ia believed to be a factor which the County Zoning
Board of Adjustment considered when deciding if the necessary
special use permit should be issued.

     The Final Use Plan which is attached as Figure XI-I, is
also the Filling Plan which shows where the waste is to be
placed.  The site is divided into 100' grids which are used
in the calculation of waste and dirt quantities.  They are
also handy reference units for operations in the field.

   ;  The site is further divided into rectangular units which
are referred to as "Operational Units" and numbered consecuti-
vely from 001 through 109.  All dirt movements and waste
volumes are listed by reference to Operational Unit numbers.
These "Op Units" have been staked in the field for the use
of the operators, in those areas where they are filling or
borrowing earth.

     The total waste capacity of the site is equal to the
volume between the contours of the final use plan and the
existing topography, provided no cover dirt is removed from
the site and no cover dirt is brought to the site.  See
Figure XI-2.

     A recreational final use plan permitted a Large degree of
flexibility in shaping the final contours and as a result it
was possible to obtain a large waste capacity.  Fortunately,
there was ample dirt available so this was not a limiting
factor.

     The physical facilities constructed for landfilling
purposes will be left in place for final use once filling has
been completed.  This includes roads, fencing, maintenance
building, utilities and certain landscaping.  The location
of these facilities was planned for both the original filling
operation and for subsequent final use as a park.

C.  COVER REQUIREMENTS AND EARTH MOVEMENTS.

   .  The amount of earth available depends on the depth of
cut which in turn depends on geological,, environmental and
operational requirements.

     After study of the subsurface conditions which were
revealed in the subsurface testing program described in
Part VIII,  "Minimum Bases" were set.  The minimum base is
the lowest elevation to which the soil may be cut or the

-------
  L|..J .1  I.I.I M,  )...!.I , .1 -.1,  i-i. .1  I ...I .1 .1. ,j. .1. J...I ..).,..!  .1  I  i.l  I-..I
  /  i~f T—irg^PttS'-fei-l^i—L'.1  !'vx J,'-.  'i   \  , '.!:  ;; I' j    '  '  '     :.•
                                                             "'

                                METRO   PARK   EAST
H E N N I M e S 0 It .    D U R H * N    i    RICHARDSON      •0""""So...'. "S

-------
lowest level at which refuse may be placed.  This minimum may
be controlled by a requirement to be some certain distance
above ground water, or above a rock formation or some undesi-
rable soil condition such as a saturated fat clay or any other
factor including drainage during operation.  The minimum
bases are set for each operational unit and thus the overall
base is a series of planes under op units which forms the
lowest levels,to which the soil may be excavated.  See
Table XI-1 and Figure XI-2.

     The total soil.available for cover material is the volume
between the existing contours and the minimum base.  See Table
XI-1 and Figure XI-2.

     Minimum bases may be above portions of the existing
surface of the site such as a gully.  In this case the gully
would have to be filled up to the base before any refuse could
be placed in that location.  Computer programs show where
filling is required to bring an area up to the base.  These
areas are referred to as "Holes" and the volume as a "Hole
Volume" expressed in acre feet.  Where the final contours are
below the existing contours and soil must be removed the volume
is a "Negative Hole"  and so reported.  See Table XI-1.

     Where no refuse is to be placed in parts of the site such
as setback areas or building sites, the minimum base is set
above the final contours.

  '   The amount of earth required is the sum of the final
cover plus the daily cover.  The final cover depends on the
specified thickness and the surface area of those parts of the
site which will receive refuse.  A final thickness of 3.0
feet was chosen.  The total volume of final cover required in
each operational unit is shown in Table XI-1.  This is the net
applied volume placed over a previously placed daily cover to
provide a total final thickness of 3.0'.
                                                      i
     The daily cover volume varies with the size and shape
of the cells.  Metro Park East will receive approximately
1,000 cubic yards of compacted material per day when operating
as part of the two.site complex.  This determines the size of
the daily cell.  The shape, is determined by the required
length of the open face, cell height and slope of sides and
ends.  See Figure XI-3.  A 210' length of open face is neces-
sary to adequately accomodate the delivering vehicles during

-------
                                                                       400
                                                                                            400'
      FINAL  TOPOGRAPHY  SHOWING
      FINAL USE AS GOLF COURSE -
     FINAL GRADE
                                                                                      OPfNATIONAL UNI1


                                                                                             100'  ORIDJ
                                                                        EXISTING  TOPOGRAPHY
                                                                        (FARM)
   -EXISTING GRADE




     ADJUSTED BASE -

   — MINIMUM BASE-


FIGURE 3L- 2   SOIL  AND  WASTE  VOLUMES
     31 FINAL  COVER
     ON UPPER MOST
                                                               THICKNESS
                                                               OAILY  COVER
              FIGURE 31.-3  CELL  CONSTRUCTION

-------
                TABLE XI-1

              METRO PARK EAST

        SOIL AND WASTF, VOLUME HKl'ORT
OP
UNIT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
.39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
. 59
60
61
62
63
.64
65
66
67
.68
,69
70
M1N.BASE
ELEV.
840
840
840
840
840
999
999
999
999
840
840
845
845
840
840
999
999
999
840
840
845
850
.842
840
840
840
999
840
840
850
855
850
845
840
840
999
840
840
850
855
910
850
845
845
999
.840
840
845
850
910
860
865
855
999
.'840 •
840
845
850
920
865
875
870
999
840
840
845
850
870
880
880
ADJ.BASE
ELEV.
840.0
840.0
865.9
870.1
840.0
999.0
999.0
999.0
999.0
840.0
853.4
879.6
856.0
840.0
840.9
999.0
999.0
999.0
843
854
878
867.0
855.5
865.3
 853.3
 840.0
 999.0
 840.0
 840.0
 854.7
 882.0
 885.6
 894.7
 841.1
 842.7
 999.0
 840.0
 840.3
 861.9
 880
  .5
  .9
  .3
 910.0
 860.2
 845.7
 ,845.0
 999.0
 840.0
 864.7
 883.4
 878.9
 910.0
 868.5
 873.8
 855.0
 939.0
 840.0
 840.0
 850.3
 869.5
 920.0
 878.0
  895.9
  877.1
  999.0
            HOLE
            VOLUME
  3.37
 10.24
  1.88
   .91
 15.39
 -2.70
-32.66
-23.53
 -1.61
  6.87
  1.34
  3.90
 10.71
 19.64
 21.77
  -.75
-24.33
  2.18
-10.44
  2.46
  4.08
  8.14
  7.91
 -2.77
 25.99
  5.73
    .40
    .02
    .87
    .52
    .09
    .51
 -14.50
   2.52
   6.54
   2.24
  10.44
             6.
             1.

             2*.
             7.
            -1
             5
             2
     .1
     .7
     .7
841.
847.
849.
850.0
870.0
905.8
911.9
    .19
   3.10
   3.93
  32.60
    .03
   0.00
   0.00
   9.07
     29
     53
     83
     23
  27.61
    .45
    .85
   0.00
  13.49
   7.16
   1.52
    .64
    .98
  50.62
   0.00
   1.83
     .50
   8.84
   --.36
   3.72
     .38
   0.00
   0.00
    1.32
    1.32
AVAIL.
SOIL
-3.14
-1.96
3.47
.27
-15.39
2.70
32.66
23.53
1.61
-2.69
27.94
13.48
14.09
-18.40
-21.47
.75
24.33
-2.18
23.45
25.10
23.52
17.24
8.76
12.46
-25.99
-4.84
.40
-5.80
19.51
54.59
25.77
9.07
17.17
22.82
17.09
-2.24
-9.95
41.88
38.76
29.87
032.60
50.29
47.36
55.73
-9.07
5.82
11.02
21.20
62.29
-27.61
42.36
42.11
53.37
-13.49
-7.12
22.04
40.28
38.74
-50.62
70.99
35.20
50.83
-8.84
9.19
42.42
48.91
66.00
80.41
19.73
23.21
FINAL
COVER
.01
3.84
2.86
.10
.16
0.00
0.00
0.00
0.00
2.39
8.49
7.48
8.28
5.26
.16
0.00
0.00
0.00
4.08
9.17
9.18
8.02
6.15
.35
.06
.21
C.OO
3.70
9.18
9.18
9.18
5.94
.07
9.18
7.29
0.00
3.30
9.18
9.18
9.18
.34
9.18
9.18
9.18
0.00
1.96
6.20
9.18
9.18
3.70
9.18
9.18
9.18
0.00
2.13
9.18
9.18
9.18
. 1.82
9.18
9.18
9.18
0.00
3.14
9.18
9.18
9.18
9.18
9.18
9.18
SOIL
OUT
0.00
0.00
0.00
.17
0.00
2.70
32.66
23.53
1.61
0.00
11.50
0.00
0 00
0.00
0.00
.75
24.33
0.00
17.45
0.00
0.00
0.00
0.00
12.11
0.00
0.00
.40
0.00
0.00
12.69
0.00
0.00
17.10
0.00
0.00
0.00
0.00
11.54
0.00
0.00
0.00
15.87
0.00
10.85
0.00
3.39
0.00
0.00
32.69
0.00
0.00
0 00
6.15
0.00
0.00
0.00
0.00
0.00
0.00
31.56
0.00
14.39
0.00
4.07
7.20
0.00
0.00
26.51
0.00
0.00
SOIL
IN
3.16
8.35
0.00
0.00
15.54
0.00
0.00
0.00
0.00
5.69
0.00
0.00
0.00
24.87
21.64
0.00
0.00
2.18
0.00
b.oo
0.00
0.00
.68
0. 00
26.06
;5.05
;o.oo
11.76
12.69
0.00
0.00
0.00
0.00
0.00
0.00
2.24
14.92
0.00
0.00
0.00
32.97
0.00
. 0.00
0.00
9.07
0.00
' 0.00
0.00
0.00
32.69
0.00
0.00
0.00
13.49
10.15
7.20
0.00
0.00
53.27
0.00
0.00
0.00
8.84
0.00
0.00
0.00
4.81
0.00
0.00
0.00
VOLUME
ACFT.

14.6660
3.3290

.0080




3.4910
44.8500
34.7220
32.5990
6.9850




10.6800
91.7700
83.3330
53.2020
19.4650




12.9760
132.2850
187.2160
95.7300
17.6190
78.9140
56.2440

9.5830
121.4980
170.9710
118.2850
.1470
144.0790
219.8090
205.1250

2.7570
27.7200
69.6170
116.7670
7.9460
191.5750
189.9100
218.6180

5.1730
115.2730
179.0630
169.4790
4.7550
174.8700
149.6210
156.0300

11.3560
149.6490
228.9940
354.1780
256.9440
61.0080
79*7180
OF WASTE
CUYDS.

23661.
5371.

13.




5632.
72358.
56018
52503.
11269.




17230.
148056.
13^44.
85833.
31404.




20935.
213470.
302042.
154444.
28425.
127315.
90740.

15461.
196017.
275333.
190833.
237.
232447.
354722.
330935.

4448.
44722.
112315.
188384.
12320.
309074.
306388.
352704.

8346.
185974.
288888.
273426.
7671.
282124.
241389.
251728..

18321.
241434.
369444.
571407.
414530.
9S42*.
128612.

-------
OP
UNIT
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
MIN.BASE
ELEV.
890
999
840
845
850
855
860
865
930
895
999
860
874
890
860
865
870
875
935
999
900
916
870
875
880
930
999
922
875
880
885
890
999
999
934
936
936
935
999
ADJ. BASE
ELEV.
896.4
999.0
875.9
867.1
880.6
863.5
866.6
896.1
930.0
908.0
999.0
860.0
877.0
890.0
884.6
869.1
881.7
914.0
935.0
999.0
900.0
916.0
877.5
893.0
914.8
932.8
999.0
922.0
892.7
911.6
924.1
928.4
999.0
999.0
934.0
936.0
936.0
935.0
999.0
HOLE
VOLUME
2.26
-5.85
-6.15
5.02
1.83
.19
0.00
1.00
12.94
.64
6.94
-3.33
1.34
8.04
1.05
0.00
0.00
2.78
3.80
-1.15
3.68
23.19
0.00
0.00
.31
0.00
.46
7.29
0.00
0.00
.17
.05
.92
1.03
11.69
2.53
0.00
.84
-.40
AVAIL.
SOIL
26.37
5.85
6.15
21.09
33.03
51.71
68.68
39.98
-12.94
32.89
-6.94
3.33
-1.34
-6.17
19.79
67.64
66.53
24.51
-3.18
1.15
-1.03
-23.19
95.62
65.37
39.30
14.91
-.46
-7.15
86.16
60.70
38.03
26.65
-.92
-1.03
-11.69
-2.26
3.67
1.86
.40
FINAL
COVER
9.18
0.00
.06
8.10
9.18
9.18
9.18
9.18
1.34
9.18
0.00
.00
.03
1.89
4.59
9.18
9.18
9.18
.60
0.00
2.39
3.86
9.18
9.18
9.18
9.00
0.00
3.71
9.18
9.18
9.18
9.15
0.00
0.00
3.20
4.42
4.97
4.45
0.00
SOIL
OUT
0.00
5.85
6.08
0.00
' 6.78
0.00
0.00
0.00
0.00
15.80
0.00
3.33
0.00
0.00
6.42
0.00
0.00
0.00
0.00
1.15
0.00
0.00
30.27
0.00
0.00
3.10
0.00
0.00
30.93
9.16
3.19
4.33
0.00
0.00
0.00
0.00
0.00
0.00
.40
SOIL
IN
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
14.71
0.00
6.94
0.00
1.38
8.74
0.00
0.00
0.00
0.00
3.79
0.00
6.42
30.27
0.00
0.00
0.00
0.00
.46
13.14
0.00
0.00
0.00
0.00
.92
1.03
16.75
9.16
3.19
3.81
0.00
VOLUME
ACFT.
99.0010


73.8640
98.3250
243.8010
341.1380
176.4230
2.5030
45.3040



3.8890
50.7800
335.9150
329.2580
88.9000


17.2300
18.5160
322.3350
323.0020
172.2330
15.6680

13.1410
264.3430
243.3190
147.9280
74.6890


10.6810
14.2560
10.8760
7.0370

OK WASTE
CUYDS.
159722.


119167.
158631.
393332.
550369.
284629.
4038.
73090.



6274.
81925.
541943.
531203.
143425.


27798.
29872.
520034.
521110.
277869.
25278.

21201.
426473.
392555.
238657.
120498.


17232.
23000.
17547.
11353.

SITE TOTALS
339.75
2031.46
563.25
                                                        TOTAL WASTE
8435.01  13608495.
           SOIL TO WASTE RATIO  -  .174
           DAILY COVER = .174 * 8435
                       - 1468 ACFT

-------
their peak hours.  A side slope of 3:1 was selected for
operational reasons.  The cell height of 10' was selected to
provide an economical cover ratio consistant with operational
considerations.  This combination of size and shape and a
cover thickness of 8" requires a soil to waste ratio of .174
including a 10% contingency.  The contingency is included to
provide extra cover material for those times when more than
8" is used.  Such as during extremely cold weather when frozen
soil cannot be spread as uniformily as during normal weather.

     This soil to waste ratio, referred to  as the Soils
Ratio is extremely important and must be carefully considered.
It is used in all subsequent earth work computations and
can be easily misunderstood.  Some literature concerning
sanitary landfills cite rules of thumb of 3 to 1 or 4 to 1
dirt requirements.  These rules of thumb are dangerous and
should be used with caution.  Sanitary landfills vary in type
of operation and size and shape and the soil to waste ratio will
also vary depending on these factors.  It is helpful to realize
that the basic objective is to minimize the amount of cover.
The optimum shape to contain a given volume with a minimum of
surface area is the sphere.  Sanitary landfill cells cannot be
shaped like spheres, therefore, the cube is next best.  The
requirement for open face length will usually stretch the
cube into a rectangle and the side slopes will distort the
rectangle but the basic object is to minimize the surface area.
Usually the cell height will be the controlling factor once the
volume and open face length are determined.

     Some parts of the site will have a surplus of cover
material and others will be deficient even though the total
site has a balance.  Table XI-1 shows the amount of dirt to
be moved into or out of an operational unit.  Table XI-2
shows a schedule of dirt movements between operational units
to correct this inbalance.  The computer program which cal-
culates this movement optimized the solution by minimizing the
haul distance.  This problem is complicated by the fact that
the amount of waste volume and cover material required for
each operational unit changes every time dirt is moved from
one operational unit to another.

     Once the optimized dirt movements have been calculated
and the amount of waste and amount of cover material has been
determined for each operational unit, the minimum bases are
adjusted to show the actual depth of cut required for each
operational unit.  The new bases are called "Adjusted Bases"
and are shown in Table XI-1 and Figure XI-2.  By cutting

-------
                                        TABLE XI-2

                                     METRO PARK EAST

                               OPTIMIZED EARTH MOVEMENT PLAN
I.
 Non-zero  earth movement vectors  between  operational unit blocks with an upper  bound  of  900
on haul dist.
                                                                                               feet
LEGAL CONNECTIONS
  FROM/TO
                          AVE. HAUL DIST.

                               FEET
     VOLUME OF EARTH MOVED

 ACFT.                 CUYDS.
  004005
  006005
  007005
  007014
  007015
  008015
  008018
  008025
  009018
  011001
  011002
  016025
  017025
  017026
  017036
  019010
  019028
  024014
  024023
  027036
  030029
  033041
  038037
  042041
  044045
  044054
  046037
  049050
  053054
  060059
  062054
  062063
  064055
  065056
  068059
  068067
  072081
  073055
  075084
  080079
  080081
  082083
 082084
 085091
 090089
 093092
 096089
 096097
 099098
 099104
 099105
 100106
 101107
 102103
 102108
 109103
                             400.00
                             400.00
                             800.00
                             894.43
                             565.68
                             894.43
                             471.70
                             894.43
                             400.00
                             565.68
                             400.00
                             400.00
                             565.68
                             400.00
                             838.15
                             400.00
                             400.00
                             565.68
                             400.00
                             400.00
                             400.00
                             565.68
                             400.00
                             400.00
                             250.00
                             471.70
                             400.00
                             400.00
                             250.00
                             400.00
                             471.70
                             250.00
                             400.00
                             400.00
                             400.00
                             400.00
                             400.00
                             800.00
                             300.00
                             400.00
                             350.00
                             400.00
                             800.00
                             206.15
                             350.00
                             350.00
                             400.00
                             350.00
                             350.00
                             494.97
                             350.00
                             350.00
                             350.00
                             350.00
                             350.00
                             350.00
   .1720
  2.6970
 12.6760
 13.4380
  6.5420
 15.0950
   .5740
 '7.8620
  1.6070
  3.1570
  8.3480
   .7460
 17.4480
   .0500
  1.8360
  5.6920
 11.7600
 11.4300
   .6800
   .4020
 12.6870
 17.1030
 11.5350
 15.8650
  9.0680
  1.7850
  3.3880
 32.6880
  6.1530
 31.5620
  5.5490
  8.8380
  4.0670
  7.2020
 21.7060
   8090
   8540
   0840
   7850
14.7150
   0900
   3770
   9520
   4160
   1480
30.2670
 2.6400
  .4590
13.1450
 1.0330
16.7520
   1600
   1850
  .5160
 3.8100
  .4020
   277.
  4351.
 20451.
 21680.
 10554.
 24353.
   926.
 12684.
  2593.
  5093.
 13468.
  1204.
 28149.
  8147.
  2962.
  9183.
 18973.
 18440.
  1097.
   649.
 20468.
 27593.
 18610.
 25596.
 14630.
  2880.
  5466.
 52737.
  9927.
 50920.
  8952.
 14259.
  6561.
 11619.
 35019.
  7759.
  9444.
  9816.
 10946.
 23740.
  1759.
  2222.
  3149.
 10351.
  1852.
48831.
 4259.
  741.
21207.
 1667.
27027.
14778.
 5138.
  832.
 6147.
  649.
                            TOTAL EARTH MOVED
                                                        448.0070
                                                                               722785.
                                                      93

-------
down to the adjusted base and removing this material before
filling, the exact amount of cover material will be obtained.
This includes daily and final cover.  The soil remaining
between the minimum base and the adjusted base is surplus
soil which could be used to make up for any required cover
material that may have been wasted or buried before removal.

     From Table XI-1 it can be seen that the site has a
waste capacity of 8435 acre feet which is equal to approximately
13.6 million compacted cubic yards.  The total cover require-
ment is 2031 acre feet which is equal to approximately 3 -1/3
million cubic yards including 563 acre feet of final cover.
From Table XI-2 it can be seen that more than 700,000 cubic
yards of cover material must be moved from one operational
unit to another.  With quantities in this order of magnitude
it is apparent that careful and thorough planning is important
if economical operations are to be achieved.

D.  DESIGN OF SITE DEVELOPMENT.

     All sites will require some development before they can be
used as a sanitary landfill.  The extent of the development will
depend on many factors including, in part:

          1.  Weather conditions.
          2.  Soil Conditions.
          3.  Amount of waste to be received.
          4.  Volume of traffic.
          5.  Types of vehicles.
          6.  Types of users.
          7.  Duration of the filling.
          8.  Future use of the site.
          9.  Community values.
         10.  Visible access to the site.
         11.  Location of the site.
         12.  Operational requirements.

     The purpose is to provide a facility environmentally safe,
socially acceptable^ absolutely reliable, and economically
feasible.  How this is accomplished will not be discussed in
detail but the following comments are provided as illustrations.

     The weather is involved in maintenance facilities, access
roads, on-site roads and drainage.  At Metro Park East, a
permanent maintenance building is provided with three equipment
bays and other facilities for the personnel, an office and
meeting room, and storage.  In Iowa, it is necessary to provide
proper shelter frbm precipitation and cold,  however,  in some

-------
other parts of the United States where the weather is mild
and dry, servicing and maintenance is frequently provided out
in the open using a mobile truck for tools, equipment, and
supplies.  No maintenance buildings are required.  These two
extremes illustrate how far site development requirements may
vary from site to site.

     At Metro Park East, a concrete entrance road is provided
from the highway into the site.  See Figure XI-4.  A hard
surfaced road is necessary for several reasons.  It was justi-
fied on an economic basis because the site has a large amount
of truck traffic, the site has a long duration over which it can
be amortized,and will be left in place for future park use after
filling has been completed.  The hard surfaced entrance road will
also provide a surface for trucks to wear off mud on tires picked
up during wet weather, before entering upon the state highway.
The state would not permit mud being tracked onto their road
because of the safety hazard to traffic and other reasons.  Site
operators can clean the on-site road without the traffic hazards
associated with cleaning a high-speed highway.

     An all-weather rock surfaced road leads into the fill area
from the concrete entrance road.  This rock road is only simi-
permanent and can be moved in future years.  The road is
necessary because of a combination of weather and soil conditions.
During wet weather the soils on this site would quickly turn to
mud and make any lesser road difficult or impossible to use.
These conditions must be avoided because waste must be received
on an uninterrupted basis and poor road conditions are expensive
in lost time and damaged equipment.

     A scale house is provided at Metro Park East approximately
700 feet from the entrance.  See Figure XI-5.  The distance
was provided as a truck holding area to accommodate any backup
which might occur if there were a delay in weighing the incoming
vehicles.  With 700 feet of space between the scales and the
highway, trucks would not be stopped on the highway.  Two
scales have been provided with automated equipment to avoid
delays thus saving the time and cost of the using public.
When the scales are installed they will be used to determine
the disposal fee charged for this service and the current method
of basing the fee on volume will be abandoned.  If the fee were
not based on weight, and if weighing were not part of the
record keeping process, the scales and scale house would not
be provided.

     If the site were used by few vehicles, or there were no
problem with occasionally stopping on the highway, the length

-------
                                3S      -susZsis&T-  £
                       '-  	"   I , S^~~-K •-'-;-Jrrrb-r;
i n in 11 M
      •»«      »*oo      t

-------
                                     CONTROL &ITE  FOK
                                     DCTSCTOK  SEE SITE
SCALE
W PLAN
#" - /'-oj
                                                  SCALE  HOUSE
                                                  METRO PARK  EAST

                                                       FIGURE  SL- 5

-------
of road  for backup would not be provided.

     At  Metro Park East, the structures were designed using
brick, glass and concrete as the principal materials of
construction.  This was done largely to satisfy citizens
demand for a major departure from the previous practice of
providing and operating sites without proper regard for
aesthetic conditions.  The maintenance building shown in
Figure XI-6 will be left in place as a park's maintenance
building after filling is completed.  Without these specific
requirements, a less expensive prefabricated metal building
could be provided that would be equally serviceable and present
a very adequate appearance.

     At  Metro Park East the site development consisted of:

          1.  Permanent and temporary roads.
          2.  Entrance area.
          3.  Maintenance facilities.
          4.  Gate house with scales.
          5.  Fencing.
          6.  Drainage.
          7.  Utilities.
          8.  Exterior lighting.
          9.  Landscaping.

     A common mistake made by site planners is to underestimate
the importance of site development.  They try to get by with
minimal  facilities to reduce the cost but often, by doing so,
pass 6ri higher costs to the using public and to future landfill
operations.  For example, consider the site development cost
for Metro Park East.  The $350,000 cost amortized over 20 years
at six and one-half days per week is approximately $50.00 per
day.  This is approximately five percent of the total cost of
owning and operating the site.   Part of this cost is unavoidable,
for without any site development the site could not operate
evenly poorly or expensively.

    ^Consider the cost the site user would incur through delays.
If the average vehicle cost $10.00/hour to own and operate,
including the driver and crew members where more than one man
is involved, and if each of 300 trucks,  currently using the
site .each day,  experienced a total time at the landfill site
which was three minutes longer than necessary,  the user's
cost for this delay would be approximately $150 .'00 per day -
about three times the total site development cost for that
day.

-------
MAINTENANCE BUIDING
  METRO PARK EAST

-------
     On poorly developed sites, there is more equipment
damage than is generally realized.  During wet weather a site
handling as much traffic as Metro Park East could experience
several truck breakdowns each day through damage to clutches,
transmissions, differentials and springs.  Towing may damage
frames, axles and drive trains.  The repair of unnecessary
damage, loss of service, and expenses caused by delays can
easily amount to $1000 on an average wet day.  The annual
average would surely exceed $50 per day.

     During wet weather it would be easy to cause delays amount-
ing to 200 hours of vehicle time over and above that experienced
with good site development.  At $10.00 per hour this time delay
alone would be equal to $2000/day.

     Properly developed and operated sites will always present
a tire hazard but the poorly developed and operated sites may
have tire hazards several times as great as the better sites.
One fleet operator reported to the authors he previously exper-
ienced an average of approximately three tire failures per day
at an old site but reduced this to approximately three or four
per week when roads and covering operations were improved.  The
savings afforded to this one site user would more than pay for
the entire site development.

     The cost of site development is part of the cost of owning
and operating the site, all of which is paid for by the users.
If the site is not properly developed, the site user's exper-
ience delays and equipment damage far exceeding the cost of
proper 'site development.  Total cost to the community is
reduced through proper site development.

     There is one other factor less immediate, but nevertheless
very important, which was considered when planning site develop-
ment for this site.  If the site is developed and operated in
a manner reflecting competence, presents a favorable appearance,
and is operated without nuisance,  the public will support the
development of new sites in the future.  There will be more
locations available from which future site selection teams
may choose.

     A favorable location can be very important to site users.
This,one factor alone may have economic effects of future site
operations which exceed the site development costs of the
present site.

-------
     A properly operated sanitary landfill site is not in
itself offensive nor is it a nuisance or a pollution hazard.
However, the general public would prefer it be conducted
someplace out of view.  There are several ways this can be
accomplished.  If the site is behind a hill or natural wood-
ed area the problem may take care of itself.  If natural
barriers are not available, man made barriers can and should
be provided through the use of an earthen berm as a sight
screen.  The berm is constructed to a height that requires
the line of sight to pass thru the filling operation.  The
berm may be either permanent and part of the fill or may be
a stock pile of earth to be removed later and used for final
cover.

     In either case, after the berm has been placed it should
be fine graded and planted to grass and kept mowed.  If the
berm will remain after filling has been completed it should be
landscaped.  This is another part of site development which is
often neglected.  Some site operators have provided berms for
site screening and then, instead of completing the job by
dressing.down the slopes and establishing grass and landscaping,
they left them rough and allowed them to be overgrown with
weeds.  The difference in cost between the half-way measure and
a first-rate appearance is minor but the difference in image is
major.

     At Metro Park East the filling operation was started in
the Southwestern part of the site.  It will be several years
before any part of the operation will be visible from the
highway.

     A landscaping plan has been started which contemplates
the planting of several thousand trees and shrubs each year.
By the time the site operations are visible from the highway
it is expected that the plantings will provide a natural screen
and windbreak.  Where screening is ineffective, berms will be
constructed.

-------
                    PART XII - OPERATIONS
A.  COLLECTION.
     At this time, the Agency is collecting domestic refuse
for the City of Des Moines.  Once per week, service is provided
to single family dwellings and multiple family dwellings up to
and including four piexes.  Included is all domestic refuse,
without limit on volume provided it is placed in rubbish
containers,, plus yard rubbish which is placed in disposable
containers^  No bulky rubbish service is provided.

     Where there are alleys, the customer must place refuse
containers and yard rubbish at the alley line.  Where there are
no alleys, collection is made from wherever the customer
normally stores his refuse  (provided it is outside).  All yard
debris must be placed at the curb.

     The Agency serves;approximately 60,000 dwelling units
each week with 24 three man crews using 50 gallon tote tubs.
This averages 2,500 dwelling units per crew-per week or 500
dwellings per crew-per day.

     To reduce the total man hours consumed in hauling full
loads to the landfill site, extra trucks and drivers are used.
The extra driver brings an empty truck to the route and trades
his empty truck for one that has been filled by the three man
collection crew.  The crew continues work with the new empty
truck and the extra driver takes the full one to the landfill
site for. unloading.  He- then delivers this empty truck to
another crew and trades for their full one.  Using this system
the full three man crew is kept busy and is not 'involved in
the haul to and from the sanitary landfill site.  This is
particularly important because the Agency has only one site
located approximately 10 miles east of the City of Des Moines.
The haul time from the western part of the city represents
a considerable expense when three men are involved.  When the
second site is opened in the western part of the service area
the use of extra trucks and drivers will be evaluated and a
decision will be made at that time whether to continue this
practice.

     There is one foreman assigned to each six collection crews
and he is responsible for their daily activities.  He has a
two-way radio in his pickup truck connected to Agency head-
quarters.-

-------
     The average wage in the Collection Department is $4.09
per hour or $8,507 per year.  Fringe benefits average 29% of
the hourly wages.  There are 91 jobs in the Collection
Department plus replacement personnel for men away on leave
or vacation.  The total annual cost of personnel to man
these 91 jobs is approximately $1,203,000 or $13,219 per
job - per year.  This includes wages, benefits and overtime.

     These numbers are slightly different from those reported
in Exhibit C of Document VIII-3 which is included in the
Appendix.  The above numbers have been updated and reflect
1973 conditions.

     The City of Des Moines originally paid the Agency a fee
equal to $2.00 per dwelling unit-per month less the admini-
strative cost of fee collection.  In May of 1972 this fee
was modified to equal a lump sum of $115,000/month or
$1,380,000/year and again in 1973 to a lump sum of $155,346
per month or $1,864,152 per year.  Since the Agency operates
as a non profit entity, and with no cash reserve fund, the
cash receipts fluctuated so widely that the Agency was not able
to meet its monthly financial obligations for manpower and
other expenses under the terms of the original contract.
To enable the Agency to budget its cash with a reasonable
degree of accuracy the original contract was modified as per
the above figures.

     The Agency began operation using the existing fleet of
collection trucks previously used by the City of Des Moines.
These were all 16 cubic yard capacity rear loading packer bodies
on single axle chassis.  These vehicles are being replaced with
new equipment as the budget permits.  The new fleet will contain
approximately one third 16 C.Y. single axle vehicles and two-
thirds 25 C.Y. tandem axle vehicles.

     At the time this report is being written the Agency has
replaced one third of the 16 C.Y. fleet with 25 C.Y.  tandem
axle packers and has the second one third out for bid.  They
have also replaced one third of the fleet with new 16 C.Y.
single axle chassis reusing existing packer bodies.   When the
vehicles now being bid are delivered, the Agency will have a
modern fleet (all under 4 years)  to be used on the daily routes.
Some of the older units now used as spares will be scrapped
and others will be used for parts.  The best of the old fleet
will be maintained for standby and for extra trucks used to
haul to the landfill site.

-------
     Vehicle chassis are scheduled to be replaced after
4 years of service and packer bodies after 8 years.  The
replacement cost of the average vehicle is estimated to
be  $3,580 per year based on 24 active vehicles.

    - Maintenance and operating costs are estimated to be
$145,000 per year.  This is equal to $6,000 per year based
on  24 active vehicles.

     See Exhibit C of Document VII-3 for vehicle cost
breakdown.                                             <

     The total operating cost of the Collection Department is
$1,864,152.00  per year.

B.  DISPOSAL.

     At this time, the Agency is operating one sanitary
landfill site known as Metro Park East located approximately
10 miles east of the city limits of Des Moines in Polk County.
This site serves all of the Des Moines Metropolitan Area.  A
second site to be located in the western portion of the service
area will be opened as soon as conditions permit.

     Document VII-3 provides a description and cost breakdown
of site operation including hours and days of operation,
quantities, equipment requirements, personnel requirements
and other miscellaneous information for both a single site
and a two site operation.
    I
     The selection, development and financing of these sites
as described in other parts of this report, together with the
information presented in Document VII-3 gives a rather .complete
description of the factual information associated with the
disposal of solid waste in this service area.  However,  there
is one point to be emphasized - when planning to operate one
or more sanitary landfill sites, it is recommended that planning
include the necessary resources not only to do the job but to
dp the job properly.  The present site is being operated for
less than 50C per cubic yard for a one site operation and will
increase to 75C per cubic yard when the second site is opened.
These rates are very economical but they still include adeq-
uate labor and adequate equipment to operate in a manner which
will not create any pollution or nuisance.  There are four

-------
laborers included for each site to direct traffic and
maintain the grounds in a presentable condition and there ia
spare equipment to permit continuous operation in the event
of breakdown of a necessary machine.  The temptation to
eliminate or economize on site laborers and spare equipment
should be vigorously resisted because these two elements of
cost can make the difference between a first class operation
and one that is only barely adequate.

-------
                PART XIII - PUBLIC RELATIONS

     The original report recommending the creation of the
Agency did not place much emphasis on public relations other
than to indicate that some form of informational program
should be carried out.  Therefore, the Agency Board and staff
did not conduct a major public relations program in the early
implementational stages of the Agency.

     It became apparent, however, early in the program as the
Agency started to pursue its goal, that of the total operation
of a collection and disposal service, the Des Moines citizen's
understanding of the Agency and the reasons for it were
missing.  The words "gimmick" and "tricks" have been used
repeatedly in conjuction with the Agency's takeover of the
solid waste collection and disposal operations, creating a
large distrust of the Agency and its operation.

     After two years of operation, the original setup of the
Agency and its reasons for existance still remain a mystery to
most Des Moines residents.  Most residents still maintain that
they are paying double for the collection service as the
collection fee was placed on the water bill with no reduction
in property taxes.  It is therefore vital to the survival of
such an agency, that the complete story be told and that the
city administration and elected officials support it to their
fullest.
      s                                                    '
     The Agency applied for and received a Supplemental Public
Relations Grant (No 3-606EC-0024-02S1) in June, 1970.  The
monies were used to retain the services of a public relations
firm for the purpose of developing and distributing information
to the area residents concerning the Agency's function.  This
firm prepared and issued several press releases to the local
news media.  These releases along with the Agency meeting
minutes served as a foundation for the Agency membership to
disseminate information to their respective councils and the
various groups to which they speak or contact.

     Information concerning the Agency's operation was given
to several local Ecology and Environmental groups including
the local colleges, churches and various civic groups.

     Shortly after the Agency took over the collection
responsibility, a heavy public relations and -information

-------
program was launched in cooperation with local ecology
groups and the Des Moines Area School  System.  A pamphlet
describing "Solid Waste and What to do with it" was
developed and distributed to the general public.

     It would be an impossible task to implement the recom-
mendations of such a study as was prepared by HDR for the
metropolitan area without enlisting the aid of the news media.
The information dispensers are the local newspapers, television
and radio stations.  We have found that most people either read,
listen to or watch the news media.  We find however, that many
people read, listen and watch what they choose and understand
what they want to understand.

     Each step of the implementation that could have resulted
in some form of controversy has been fully covered by all forms
of the news media.  At times their stories were designed to
mold public opinion for the benefit of the Agency and at other
times the stories seemed to be pointed counter to the direction
of the implementation program.

     Interviews with those concerned with the implementation
were reported in the newspapers, appeared on the local TV and
on spot news broadcasts of the local radio stations.  Endless
hours of local talk shows were devoted to the discussion of the
Agency's policies, aims and goals.  As one might expect, not all
discussion has been factual.  As a result, the Agency staff has
frequently consulted with the program monitors and has
provided answers to a number of listener questions.  The
Agency Director has also appeared on both TV and radio to
answer questions submitted by the public.

     It is clear that if the news media is not in favor of
such an agency, they can turn it off in short order.  The power
wielded by the press, TV and radio is quite awesome.  All news
media must be made fully aware of all functions of such an
Agency, as any activity may be interpretated as hostile by the
citizens of the area or community.

     As a public service, one of the local radio stations (KRNT)
and its television affiliate offered to carry as a part of its
regular morning programming, the current collection status of
the Agency.  The station's public relations man proposed a
system of color coding for the various daily routes of the

-------
Agency and volunteered to announce the color route the Agency
was collecting that day.

     The Agency had a set of cards printed by color, addressed
and mailed to all residents receiving Agency collection.  The
card also had an abbreviated set of rules printed on it.  The
color coding system has been a great help in informing the
resident when he might expect collection in periods of inclement
weather and holidays.

     The agency staff has spoken to various groups' such as the
Chamber of Commerce, Kiwanis Club, Isaac Walton League,
consulting engineers, public works officials, League of Women
Voters., Des Moines Garden Cl.ub, school assemblies, college
students, ecology clubs, etc., in an effort to bring to the
attention of the general public the factual basis for the
Agency's existance and some of the problems associated with such
an operation.

     Prior to seeking zoning approval for landfill sites, the
Agency took public officials, interested citizens and concerned-
neighbors of the sites to visit sanitary landfill operations in
other states.  Since the. Agency started operating its sanitary
land-fill, Metro Park East, similar field trips have been
conducted at the Agency operation.  The Agency staff has con-
ducted tours of the sanitary landfill operation for such groups
as ecology classes, planning agencies and public offici-als
from through-out the state, out-of-state personnel and many
interested citizens..

-------
 DOCUMENT IV-I
                               SAMPLE AGREEMENT - COOPERATION TO OBTAIN STUDY

 WITNESSETH:
 That the City of Des Moinee, Iowa (hereinafter FIRST PARTY),  and the	
(hereinafter SECOND PARTY),  enter into this contract agreement thie	day of	,  19	,
 as hereafter set forth:

 WHEREAS, the political subdivisions of the DCS Moines Metropolitan Area, which for the purposes of this instrument
 shall consist of the following political subdivisions:

            County of Polk                     City of Dea Moines
            County of Warren                  City of Grimes
            City of Altoona                     City of Norwalk
            City of Ankeny                     City of Pleasant Hill
            City of Bondurant                  City of Urbandale
            City of Carlisle                    City of West DCS Moines
            City of Clive                       City of Windsor Heights

 have a common problem with regard to the collection and disposal of solid waste, and

 WHEREAS, said political subdivisions, desiring to cooperate toward the solution of said problem, have expressed
 their intentions to collectively finance a study of solid waste collection and disposal in said Des Moines Metropolitan
 Area by a qualified sanitary engineer, and

 WHEREAS, FIRST PARTY has a staff of competent sanitary and civil engineers,  and administrative personnel, and
 can contract with a sanitary engineering firm to be chosen as hereinafter set forth and can pay the full cost of such
 contract, estimated to be in the amount of $30, 000, with expectation of reimbursement from the remaining 13 political
 subdivisions for portions of such expenditures, all as hereafter set forth; and

 WHEREAS, the SECOND PARTY, being one of said political subdivisions,  is desirous of entering into an agreement
 •whereby it may join with FIRST PARTY toward such  method of financing such a study; and

 WHEREAS, it is agreed that the fairest means of assessing costs to all political subdivisions to FIRST PARTY on a
 per capita basis according to I960 census  figures  or  a reasonable approximation thereof,  and that the percent of
 total contract cost to be borne by each such political  subdivision in  said Des Moines Metropolitan Area involved in .
 said study shall be the following:
                                                       I960                     Percent of Total
 Governmental Unit                                 Population                  Cost of Study

 City of Des Moines                                  208,982                       84.31
 City of West Des Moines                              11.949                        4.82
 City of Urbandale                                      5,821                         2.35
 County of Polk                              •           5,165                        2.08
 City of Windsor Heights                                4, 715                        1. 90
 City of Ankeny                                         2,964                        1.20
 County of Warren                                      1, 943                         .78
 City of Altoona                                         1,458                         .59
 City of Norwalk                                        1, 328                          .54
 City of Carlisle                                        1,317                          .53
 City of Clive                                             752                          .30
 Cicy of Grimes                                           697                          .28
 City of Pleasant Hill                                     397                          .16
 City of Bondurant                 .                       390                          .16

 NOW,  THEREFORE, FIRST PARTY AND SECOND PARTY hereby contract and agree as follows:

      1.    That FIRST PARTY  shall make application to the United States of America for a federal grant to assist
 in the financing  of  said study of solid waste in said Des Moines Metropolitan Area.

      2.    That a Negotiating Committee shall hereafter be  formed representing said Des Moines Metropolitan
 Area,  said committee to be composed of one representative  each from the following political subdivisions:
County of Polk, County of Warren, City of Altoona, City of Ankeny, City of Des Moines and City of West Des
Moines.

      3.    That said Negotiating Committee shall negotiate and FIRST PARTY shall enter into a contract with that
firm recommended by said Negotiating Committee, in an amount not to exceed $30, 000 for the conduct and reporting
of the results of said study of solid waste collection and disposal in  said Des Moines Metropolitan Area; provided,
however,  that in the event said contract shall exceed  $30,000,  then  and in that event FIRST PARTY shall pay that
excess over $30,000,  subject to such contribution  as SECOND PARTY shall deem appropriate to absorb such addi-
tional cost.

-------
      4.    That In the event FIRST PARTY does not receive federal funds toward defraying the cost of such study,
then upon FIRST PARTY making payment to said sanitary engineer and thereafter advising SECOND PARTY of such
payment, SECOND PARTY shall reimburse FIRST PARTY in an amount equal to   . 59% of the amount so expended
by FIRST PARTY,  but not to exceed $ 177.

      5.    That in the event FIRST PARTY obtains  a grant of federal funds toward defrayment of the cost of said
study, then and in that event the reimbursement by SECOND PARTY to FIRST PARTY shall be and remain that
amount which shall be the percentage set forth in paragraph 4 of that sum which shall be determined by subtracting
the amount of said grant of funds received by FIRST  PARTY from the contract amount so expended by FIRST PARTY.

      6.    That the payment by SECOND PARTY of the amount agreed upon herein, once  said amount  shall be de-
termined and shall become due, shall in no way be. contingent upon the payment or non-payment,  or agreement or
failure of agreement of any other political subdivision herein named.

      7.    That in the event other or further  political subdivisions express a willingness  and intention to contri-
bute toward-said study,  and thereafter contract with  FIRST  PARTY toward the defrayment of a part of the expense
of said study, this contract shall be subject to. renegotiation between FIRST PARTY and SECOND. PARTY of the
amount of reimbursement to be paid by SECOND PARTY to  FIRST PARTY as hereinabove set forth.


                                                    CITY OF DBS MOINES

Attest:

	               By	;	
                                                                    Mayor
                                                          (Political Subdivision)
Attest:
                                                    By_
(Title)                                                  (Title)

-------
DOCUMENT IV-Z
                                    RESOLUTION OF INTENT

WHEREAS, fourteen governments in the Des Moinea metropolitan area have cooperatively financed the conduct
of a comprehensive study of solid waste collection and disposal in said metropolitan area:  and

WHEREAS, the professional engineering consulting firm of Henningson, Durham & Richardson in association with
the professional engineering consulting firm of Veenstra and Kimm have completed this study and have submitted
said study with the recommendations contained therein to the fourteen governments involved in the study; and

WHEREAS, the recommendations of said study are the result of comprehensive and competent analysis and are
deemed to have merit

NOW,  THEREFORE, BE IT RESOLVED BY THE	
that:
      1.    This governmental unit doe* hereby indicate general agreement with the concept of forming
            a metropolitan agency to perform the service of disposal of solid wastes and related functions
            for this government.

      2.    This governmental unit does hereby pledge to participate favorably in the formation of a metro-
            politan solid waste agency for the disposal of solid wastes.

      3.    This governmental unit does hereby indicate its desire to have the Steering Committee for the
          •  formation of such a metropolitan agency proceed as rapidly as possible toward this objective
            on behalf of this governmental unit.
ATTEST:                                           SIGNED:
CITY CLERK                                       MAYOR

-------
UUliUMKNT 1VO
                                INTERGOVERNMENTAL AGREEMENT CREATING
                                       _THE METROI'OLITAN AREA
                                          SOLID WASTE AGENCY

By virtue of this agreement made and entered into by,  between and among the Town of Altoona, Iowa, the City of
Ankeny,  Iowa, the Town of Bondurant, Iowa, the Town of Carlisle, Iowa, the Town of Clive, Iowa, the City of
Des Moines, Iowa, the Town of Grimes,  Iowa,  the Town of Norwalk,  Iowa,  the Town of Pleasant Hill, Iowa,  the
County of Polk, Iowa, the City of Urbandale, Iowa,  the County of Warren, Iowa,  the City of West Oes Moines,
Iowa, and the City of Windsor Heights, Iowa, (all parties being hereinafter  called the "Municipalities"),  there
is hereby formed the Oes Moines Metropolitan Area Solid Waste Agency (hereinafter called the "AGENCY"),
consisting of elected representatives of the governing bodies of the Municipalities which said Municipalities
represent a majority of the local governmental jurisdictions comprising the Des Moines metropolitan area.

WITNESSETH:
                                                   I.                             .
                                              AUTHORITY

The Municipalities enter into this agreement under  and by virtue of the power to do so granted by Chapter 28E,
Code of Iowa. 1966.

                                                   II.
                                              PURPOSES

1.   The purposes of the AGENCY are as follows:

     (a)    To provide for the economic collection and disposal of all solid waste produced or'generated
            within each member city,  town,  and that portion of each such county as the  Boa: i of Super-
            visors shall determine to be, part of the metropolitan area,  comprising the Municipalities.

     (b)    To cooperate with local, State and Federal public health agencies in preventing the con-
            tamination and pollution of the land, water  and air resources of the area, through the control,
            collection and disposal of solid waste.

     (c)    To engage such employees and provide offices, equipment,  machinery, buildings and grounds a*
            are necess'ary to adequately perform  the functions of the AGENCY.

     (d)   To contract with member cities, towns and counties and with public or private persons, firms or
            corporations for  the collection and disposal of solid waste,  and collect payment for such services, and
            to receive and expend State, Federal  and private grants and other monies which may be made
            available,  to the  extent permissible under applicable State and Federal laws, and under the rules
            hereinafter set forth.

                                                   in.
                                             ORGANIZATION
            *?
     (a)   The Governing body shall be designated as  the AGENCY BOARD (hereinafter called the "Board"),
           consisting of an elected representative of the governing bodies of each participating governmental
           jurisdiction, or his  designated substitute, which substitute shall be approved by the body he repre-
           sents.

     (b)   Each member of the Board shall have, one vote for each 50, 000 population or fraction thereof,. , ,  •  -
           residing in the  government jurisdiction he represents.   Such population shall be ascertained from'the
           most recent Federal Census for that jurisdiction.

     (c)   A quorum shall consist of a majority of.the entire  Board membership,  regardless of the number
           of votes held by each member present.

     (d)   The Chairman and the Vice-Chairman of the Board shall be elected by majority of Board member-'
           ship and shall serve for a term of one year or until their respective successors in office are
           chosen.  The incumbent in. each said office  may succeed himself.

     (e)   The Board shall hold at least one meeting during each quarter of'the year on dates  and at place*
           which..shall be determined by. the Board:  Special meetings may be held at the call of the Chair-
           man, Vice-Chairman or majority of the membership of the Board.
             n                                                                                •-  *"
     (f)    The Board shall hire a Director and euch other supervisory, clerical, and other personnel as are
           necessary to carry out the functions of the AGENCY.  The Board shall fix'their compensation and
           benefits, and shall approve all personnel rules and regulations pertaining thereto.

-------
      (g)    The Director shall be the Secretary and Treasurer of the AGENCY and shall have the authority,
            duties and obligations normally associated with these offices, including but not limited to the  receipt
            and disbursement of funds and the preparation and submission of quarterly and annual financial
            reports to the Board.

      (h)    The Board may employ legal counsel,  who may be a paid employee of one of the members,
            and who may receive compensation set by the Board for the performance of his duties.

                                                IV.
                                             DURATION

      1.     It is the intention of this  agreement that the AGENCY be a permanent organization.  Additional
municipalities may be added to  the membership of the AGENCY  upon a three-fourths vote of all of the members
of the Board,

      2.     In the event  an additional municipality shall apply for membership in the  AGENCY and said applica-
tion is considered and approved by the then existing Board, then said municipality may be added to the member-
ship,  provided however,  that said additional municipality as a condition of membership agrees to abide by the
terms of this agreement as set  out herein and possess legal power and authority to so do.

                                                 V.
                                               POWERS

      1.   .  The Municipalities delegate  the following powers to the AGENCY and Board:

            (a)   To cause the collection and disposal of solid waste materials determined by the Board to be
                 appropriate.

            (b)   To contract with all levels of government, other public  agencies, private agencies and private
                 individuals, toward the accomplishment of the stated purposes of the AGENCY, within the
                 limits  authorized by law.

            (c)   To receive funds from each member Municipality as payment for providing collection and
                 disposal of domestic refuse from residents therein; provided however,  that in lieu of receiving
                 such funds from member municipalities, it shall have the power to bill individuals directly
                 for payment for collection services and to receive such payments,  for and on behalf of the
                 municipalities.

            (d)   To charge a disposal fee to be collected from all such users of the  AGENCY'S disposal facili-
                 ties as the Board shall direct.

            (e)   To hire employees, fix their compensation, benefits, personnel rules and regulations, and
                 terminate their employment.

            (f)    To purchase,  lease, receive as gifts or donations, or otherwise acquire all land,  buildings,
                 equipment and supplies necessary to carry out the functions of the AGENCY,  and to dispose
                 of the  same.

            (g)   To make or cause to be made studies and surveys necessary to carry out the functions of the
                 AGENCY.

            (h)   To contract with  and compensate consultants for professional services including but not
                 limited to architects,  engineers, planners,  lawyers, accountants,  rate specialists, and all
                 others found necessary to the stated purposes of the AGENCY.

            (i)    To issue revenue bonds for the purchase of land and equipment and erection of buildings and
                 other improvements, and to provide for their retirement.

            (j)    To prepare  and recommend to member Municipalities local ordinances governing refuse collec-
                 tion transportation  and disposal, regulation of private collection haulers, land use  regulations,
                 sanitation,  burning of  private or public wastes, incineration standards and such other regulations
                 as may from time to time be required.

            (k)   To exercise any and all powers relative to the  efficient collection and disposal of solid waste
                 available under then existing laws to each member Municipality.

            (1)    To prepare by-laws, rules and regulations,  fee schedules, and entrance and termination forms
                 and procedures for membership in the AGENCY.

            (m)   To provide for a system of budgeting,  accounting,  auditing and reporting of all AGENCY funds
                 and transactions, for a depository, and for the bonding  of employees.

-------
            (n)   To consult with representative a of Federal. State and local agencies,  department* and their
                  officers and employees and to contract with such agencies and departments.

            (o)   To exercise any and all other powers consistent with the stated purposes of the AGENCY
                  available under then existing law to each member Municpality.

                                                      VI.
                              TECHNICAL COOPERATION FROM MUNICPALITIES

       I.    The Municipalities agree to respond to reasonable requests to make local records available to the
 AGENCY staff and its  consultants or employees  for the purposes of this agreement, and to assure that engineers,
 architects and consultants hired by the Municipalities release materials, data and other pertinent.items paid for
 by public funds to the AGENCY  staff to aid  in the efficient and effective accomplishment of such purposes.

                                                      vn.
                                                  FINANCING

       1.    The Board shall prepare a budget.based on calendar years for the operation of the AGENCY to be
 adopted in June of the  year preceding the budget year.

       2.    The Board shall request each Municipality to provide in its budget for its  share of the  AGENCY
 budget.

       3.    The Board shall annually adopt a percentage formual, based on population, as shown in the  last com-
 pleted Federal census, for the purpose of allocating the portion of the AGENCY budget each Municpality will
 provide.

       4.    The share of each budget from  each Municipality shall be due and payable to the Treasurer  of the
 AGENCY in quarterly  payments to be made within 30 days after the beginning of the quarter of the AGENCY1 •
 budget year.

       5.    Special appropriations shall be  made by the parties hereto for funding the operation of the AGENCY
 prior  to the establishment of the budget cycle.

       6.    Any special or budgetary appropriation adopted by the AGENCY shall be a membership requirement
 of each and every Municipality and shall upon the Municpality's contracting with the AGENCY therefor constitute
 a legal liability on the part of such Municipality.  The  failure of a Municipality to pay over to the AGENCY the
 allotted share of  an AGENCY budget may be considered a momentary withdrawal of that Municpality and a default
 of this Agreement.

                                                     VIII.
                          SUSPENSION OF  VOTING RIGHTS AND SERVICES

 During a period of delinquency by a  Municipality in the payment to the AGENCY of its  share  of a budget and before
 such delinquency is determined  a voluntary .withdrawal, such Municipality shall not be entitled to the services
 of the  AGENCY,  nor shall the Municipality  be  entitled.to vote on matters conning before the Board, unless such
 'delinquency 8hall,be waived for  voting purposes by a three-quarters vote of the remaining members of the Board.

                                                      DC.
                                                DISSOLUTION

       1.    In the event of the withdrawal of any.Municipality from the AGENCY such withdrawing Municipality
 shall be entitled to a pro-rata share of the.value, of the real and personal property of the AGENCY. Such  share
 shall be calculated as the percentage of the  then.value of said property based on the ratio of the funds the  with-
 drawing Municipality has provided to the AGENCY during the period of this agreement to the sum of all  funds pro-
 vided  by all Municpalities.  Funds for the payment of the pro-rata share of such property value shall be provided
 for1 in  the next succeeding AGENCY budget cycle .and shall be payable  within six (6) months of the beginning of the
 budget year in which the item appears.  'A. withdrawing Municipality may waive its .pro-rata share of any real or
 personal property in the possession of,the AGENCY.

       2.    The AGENCY shall be completely dissolved and this agreement terminated only upon the affirmative
 three-quarters majority vote of the Board.

       3.    In  the event of complete  dissolution of the AGENCY, any real or personal property shall be  sold and the
 proceeds pro-rated among the Municipalities at the time of dissolution on the basis of the  sum of the portions of the
 budget for the  AGENCY provided by  them for. and during the period of this agreement.  The current budget year shall
be used as one of the years in the calculation if all Municpalities have made their proper contribution.   If all mem-
bers-have not made their proper contribution,  the balance remaining of funds collected, during the current year shall
be refunded to the,contributors before, determining the value of the assets of the AGENCY at dissolution, and said
year shall not be.used in calculating.the shares.

-------
                                            X.
                    MANNER OF ACQUIRING AND HOLDING PROPERTY

      1.    The Board may lease,  purchase,  or acquire by any other means, from members or from any other
source, such real and personal property as is required for the operation of the AGENCY and the carrying out
of the purposes of this agreement.  The Board shall maintain title to all such property in the name of the
AGENCY and shall require the Secretary to maintain an inventory.  Property,  materials and services shall
be acquired or disposed of only upon a majority vote of a quorum attending a duly called Board meeting,  pro-
vided however, that  by the same  vote, the  Board may authorize the  Director to expend such funds as the Board
may direct for other authorized purposes of the AGENCY.

-------
  DOCUMENT rV-4
                 f ',1
                    RESOLUTION AUTHORIZING APPLICATION FOR IMPLEMENTATION
                                                GRANT  '                  '    --------

  WHEREAS, the Oea Moines Metropolitan Area Solid Waste Agency Board met on the 26th day of February,  1969,
  and did on that date adopt the resolution set forth in the minutes of that meeting, hereto attached, authorizing the
  temporary staff of the agency to prepare, a tentative application to the Public Health Service of the Department of
  Health, Education and Welfare asking such department  to grant certain funds to the Des Moines  Metropolitan
  Area Solid Waste Agency; and                                                      '

  WHEREAS, it is proposed that such funds,  in combination with local subscriptions, would be used to finance the
  transition by the member communities from the point of determination of need, as indicated by Henningson,
  Durham-!c Richardson, Inc.  report, through the initial implementation of the  program; and

  WHEREAS, the City (Town) of	is a member of said Agency, duly represented on its Board,
  and is  vitally interested in the functions of s.aid.'Agency as they relate variously to the problem's of the collection
  and disposal or disposal of solid w.ste and in any means of effectively minimizing the costs of each  of such
  functions; and
              i
  WHEREAS,  the proposed grant would serve to reduce the initial costs relating to such functions to the member
  municipalities by approximately two-thirds and expedite the implementation of the program proposed; and

  WHEREAS,  the Chairman of said Board has by letter hereto attached advised this Council that the tentative appli-
  cation  contemplates a total budget of $301, 830. 00, with the federal share being $Z01,  287. 00 and the local share
  being $100, 643. 00, of which $60, 643. 00 would be a contribution in cash and $40, 000.  00 wduld'be a contribution of
  services in kind; and

  WHEREAS,  on a population basis allocation of said $60, 643. 00,  the determination of  the cash contribution asked
  of the various member municipalities is as follows:

       Unit                                                    First Year             Second Year

       Alteon*                                                    97.32                  254.41
       Ankeny                                                   199^68                  521.97
       Bondurant                                                  26.85                   70.18
       Carlisle                                                    87.26                  228.09
       Clive                                                       48.66                  127.ZQ
       Des Moines                                             14,132.11              36,941.42
       Grime* '•/                                                  45.31                  118.43
       Norwalk   f                                                 88.93                  232.47
       Pleasant Hill                                               26.85                   7CL'18
       Polk City                                                  33^56                   87:73
       Polk County                                               347.35                  907. ,96
       Urbandale                                                 392.65                1,026.39
       Warren County                                            129.21                  337.75
       West Des Moines                                          807.12                2,109.81
       Windsor Heights                                           317.14                  829.01
                 .-*
  WHEREAS, the Board of said Agency must be .advised.through our representative of the position of this City (Town)
  with  reference  to such application and such contribution at some time before  the scheduled meeting of said Agency Board
  on the 20th day of March, 1969 at which time said Board proposes to adopt a  resolution authorizing the submission
  of such an application; and                                                                             ''  '

  •WHEREAS, it appears to be in the best interests ol'.the City (Town) of	to foster and encourage
 ' the 'cooperative effort of these local communities to solve this mutual problem,     "    .».•'••      <'"'•,.''

  NQJtf. THEREFORE.  BE IT RESOLVED By the pity (Town) Council of the City (Town) of	•.   . Iowa;

 'That said proposal be and is  hereby approved; that Mr.	,  the representative of this City
  (-Town)  on the. Board of said Des.Moines Metropolitan Area Solid Waste Agency be and is hereby expressly authorized
 'to'vote  in the affirmative on the .proposition of .submission of an application for such grant; and that the City (Town) of
                                   Iowa does hereby subscribe and agree  to pay,  in consideration of'mutual subscrip-
 tions and'agreements by the member municipalities to such agency, the sum of$	for the first .year
 upon call of the Agency on or about July 1, 'Ifl^ and. the  sum of $                ''   for the'second year upon call of
 the Agency on or about July 1,  1970.                                      	

 BE IT FURTHER RESOLVED,  that it ie.understpod .and agreed by this Council that the City of Des Moines,  Iowa shall
 assume primary responsibility for the, pr.pvision pf.lOjCai.servic.es in kind but. shall have access to the services of the
• 'several public officials' of all participating municipalities to satisfy specific requirements of the'proposed program
 in this regard, .within'the limitation that such in kind services shall be roughly proportionate to the respective popula-
 tions of the membenmunicipalities.                                  '          '   '    •  <•  i      "   '  •  ••''
                                                               . Moved by	.to adopt.

-------
 DOCUMENT IV-5
                                      AMENDED AND SUBSTITUTED
                              INTERGOVERNMENTAL AGREEMENT CREATING
                                 THE DES MOINES METROPOLITAN AREA
                              	SOLID WASTE AGENCY	

 This agreement is made and entered into by, between and among the Town of Altoona, Iowa,  the City of Ankeny,
 Iowa, the Town of Bondurant,  Iowa,  the Town of Carlisle,  Iowa, the Town of Clive, Iowa, the City of Des Moines,
 Iowa, the Town of Elkhart, Iowa, the Town of Grimes,  Iowa,  the Town of Norwalk, Iowa, the Town of Pleasant
 Hill, Iowa,  the County of Polk, Iowa, the City of Urbandale,  Iowa, the County  of Warren, Iowa, the City of West
 Des Moines. Iowa, the City of Windsor Heights, Iowa, the Town of Mitchellville,  Iowa,  the Town of Polk City,  Iowa,
 and the Town of Waukee, Iowa (all parties being hereinafter called the "Municipalities"), which said Municipalities
 represent a majority of the local governmental jurisdictions comprising the  Des Moines metropolitan area.

                                      WITNESSETH;

                                               I.
                            CREATION OF THE METROPOLITAN AREA
                              	  SOLID WASTE AGENCY
Pursuant to the provisions of Chapter 28E, Code of Iowa, 1966, the Municipalities hereby form and create, as a
public body corporate and politic and separate legal entity,  the Des Moines Metropolitan Area Solid Waste Agency
(hereinafter called the "Agency").

                                             II.
                                          PURPOSES

      1.    The purposes of the  Agency are as follows:

            (a)     To provide for the economic  disposal, or collection and disposal, of all solid waste produced
or generated within each member city, town and that portion of each member county as the Board of Supervisors
shall determine to be part of the metropolitan area, comprising the Municipalities.

            (b)     To cooperate with local, State and Federal public health agencies in preventing the con-
tamination and pollution of the land, water and air resources of the area,  through the control, collection and dis-
posal of solid waste.

            (c)     To engage such employees and provide offices,  equipment, machinery, buildings and grounds as
are necessary to adequately perform the functions of the Agency.

            (d)     To contract with member  cities,  towns and counties, with public or private persons,  firms or
corporations for the disposal,  or collection and  disposal, of solid waste,  and collect payment for such services,
and to receive and expand  State,  Federal and private grants and other  moneys which may be made available, to
the extent permissible under applicable State and Federal laws, and under the rules hereinafter set forth.

                                            III.
                                      ORGANIZATION

      (a)   The governing body of the Agency shall be designated as the Agency Board (hereinafter called the "Board"),
whose membership  shall consist of an elected representative of the governing body of each participating  governmental
jurisdiction, or his  designated substitute, which substitute shall be approved by the body he represents.  Each mem-
ber of the Board shall have one vote for each 50,000 population or fraction thereof, residing in the governmental
jurisdiction he represents.  Such population shall be ascertained from the most recent federal census or special
federal census, whichever is latest,  for that jurisdiction.  Where  the governmental jurisdiction is a county, such
population ahall be that of  the unincorporated portion of the area designated by the  Board of Supervisors  pursuant
to paragraph II (a) of this agreement.

      (b)   There shall be two classes  of membership in the Agency, which shall be full membership and limited
membership,  and each member Municpality shall designate by  resolution of its governing body the class  of member-
ship it shall choose  within the Agency.  Such resolution shall be transmitted to the Agency and, until revoked or super-
seded by subsequent action of that Municipality's membership class. .The distinction between full membership and
limited membership shall be:
           (1)     A member Municipality which designates full membership  in the Agency shall participate in the
                   collection and the disposal functions of the Agency and in all matters pertaining directly or
                   indirectly to each said function.

           (2)    A member Municipality which designates limited membership in the Agency shall participate
                  in only the disposal  function of the Agency and in all matters pertaining directly or indirectly
                  to that function only.

-------
  In the event the governing body of a member Municipality changes its designation of membership by resolution
  transmitted to  the Agency, .such change shall become effective upon its acceptance by the Agency.

        (c)   A quorum of the Board shall consist of a majority of the  entire Board membership,  regardless of the
  number of votes held by each member present.  A quorum of a  specific class of Agency members shall consist
  of a majority of the entire membership of that claas, regardless of the number of votes held by each member
  present.                                                                                     '

        (d)   A majority vote of the Board or of the members of the Board or any specified fractional vote of the
  Board or of the members of the Board, or a majority or specified fractional vote of a class of membership
  on the .-Board, when required by this agreement as authorization for or as a prerequisite to any certain Board
  or class .action respectively, shall mean such a majority or such a fraction of the total votes represented by
  the representatives constituting either the quorum of the Board, where the Board is the authorized actor,  or the
  quorum of a class of •membership,  where the members comprising that class are the authorized actors, at the
 meeting at which .such action is considered.  Such quorum shall be calculated on the basis of the rule of representa-
 'tion referred to in-paragraph III (a) of this agreement and such rule shall apply in the ascertainment of such a majority
  or .such fraction in those instances where this agreement requires of "all"  the members  or the "remaining" mem-
 :bers.as to a given issue  or issues a majority vote or any fractional vote.

        (e)   Any Municipality which has designated limited membership in the Agency in the manner set forth in
  paragraph.Ill (b) of this agreement may be. counted for purposes of determining the  adequacy of representation
  present to constitute a quorum in meetings of the Agency Board regardless of the agenda for such meeting, but
  such members  shall vote only upon those proposed resolutions or other proposed actions by the Agency Board
  which relate  directly or indirectly to the disposal services  of the Agency which such Municipality has either con-
  tracted to receive or  officially indicated its intention to  contract to receive at the earliest convenience of the
  Agency.

        (f)    The Chairman and  the Vice-Chairman of the Board shall  be elected by majority off Board membership
  and shall serve for a  term of one year or until  their respective successors in office are chosen.  The incumben
  in each said office may succeed himself.

        (g)   The Board shall hold at least one meeting during each quarter of the year  on dates and at places which
  shall be determined by the Board. Special meetings may be held at  the call of the Chairman, Vice-Chairman
  or majority of the membership of the Board.

        (h)   The Board shall hire a Director and such other supervisory, clerical and other personnel as are
 ..necessary to carry out the functions of the Agency.  The Board  shall fix their compensation and benefits, and shall
 >approve all personnel rules and regulations pertaining thereto.

        (i)    The Director shall be the Secretary and Treasurer of the Agency and shall have the authority,,  duties
 : »nd obligations  normally associated with these offices,  including but  not limited to the receipt and disbursement
  of funds and the preparation and submission of quarterly and annual financial reports to the Board.

        (j)    The Board may employ legal counsel, .who may be a paid employee of one of the members,  and who
 - may receive compensation set  by the  Board for  the performance of his duties.                '

        (k)   The Board shall cause this Agreement to be filed with the Secretary of State and shall notify the
 •_ Secretary of State of the  name  of any  municipality withdrawing from or joining the Agency.

                                            .  IV.
                                          DURATION

        1.    It is the intention of this Agreement that the  Agency be a  permanent organization.  Additional munici-
 ;<3>alitiea may be added to.the-membership of the Agency upon a three-fourths vote of all of the members of the
 .Board.                                                                                   .

       2.    In the event.an additional,municipality shall apply for membership in the Agency and said application
• .is considered and approved by  the then existing .Board,  then said municipality may be added to the membership,
 •rprovided,  however, that said additional municipality as a condition of membership agrees to abide by the terms
 ..of this agreement as set out herein .and possess  legal power and authority to do so.  Upon Board approval of such
 Application for  membership, the new  member. Municipality  shall designate the class of membership of its choice
 .- pursuant to paragraph III (b) of this Agreement.

-------
                                                 V.   •
                                              POWERS

 The Agency ahall be a public body corporate and politic and separate legal entity exercising public and essential
 governmental functions to provide for the public  health, safety and welfare and shall have the following powers:

      (»)   To adopt and have a common seal and to alter the same at pleasure.

      (b)   To sue and be sued.

      (c)   To acquire, hold, use and dispose of the reserves derived from the  operation of its facilities and
 other moneys of the Agency.

      (d)   To acquire,  hold, use and dispose of other personal property for the purposes of the Agency.

      (e)   To acquire by purchase, gift, lease or otherwise,  real property and easements therein,  necessary or
 useful and convenient for the operation of the Agency,  subject to all liens thereon, if any, and to hold and use
 the same, and to dispose of property so acquired no longer necessary for the purposes of this Agency.

      (f)    To accept gifts or grants of real or personal property, money, material,  labor or supplies for the pur-
 poses of the Agency, and to make and perform such agreements  and contracts as may be necessary or convenient
 in connection with the procuring, acceptance or disposition of such gifts or grants.

      (g)   To make and enforce by-laws or rules and regulations for the management and operation of its busi-
 ness and affairs  and for the use,  maintenance and operation of its facilities and  any other of its properties,
 and  to annul the  same.

      (h)   To do and perform any acts and things authorized by Chapter Z8E, Code of Iowa,  1966,  and by this
 Agreement,  under, through or by means of its officers,  agents and employees or by contracts with any person.

      (i)    To enter into any and all contracts,  execute any and  all  instruments, and do and perform any and all
 acts or things necessary, convenient or desirable for the purposes of the Agency or to carry out any powers expressly
 given by this Agreement.

      (j)    To cause the collection and disposal of solid waste material within each Municipality,  or the disposal
 of such material from each Municipality,  according to the class  of membership  designated by the Municipality in
 the Agency and pursuant to the contract between the Agency and the  Municipality pertinent thereto.

      (k)    To fix, establish and maintain such rates,  tolls,  fees, rentals or other charges for the services and
 facilities of the Agency sufficient to pay at all times the cost of  maintaining, repairing and operating said facilities, to
 pay the principal of and interest on bonds of the Agency then outstanding, to provide for replacements,  depre-
 ciation and necessary extensions and enlargements and to provide a margin of safety.

      (1)    To make or cause to be made studies and surveys necessary or useful and  convenient to carrying ou. the
 functions of the Agency.

      (m)   To contract with and compensate consultants for professional services including but not limited to archi-
 tests, engineers, planners, lawyers, accountants, rate specialists,  and all others found necessary or useful and
 convenient to the stated purposes of the Agency.

      (n)    To prepare  and recommend to member Municipalities local ordinances governing  refuse collection
 transportation and disposal, regulation or private collection haulers, land use regulations, sanitation,  burning of
 private  or public wastes, incineration standards and such other regulations as may from time to time be required.

      (o)    To exercise such powers relative to the efficient collection and disposal of solid waste as are available
under then existing laws to each member Municipality as is necessary or useful  and convenient to carrying out the
functions of the Agency within such member Municipality, as such functions are  defined by the service contract
 entered by and between that members Municipality and the Agency.

      (p)    To provide for  a system of budgeting,  accounting, auditing and reporting of all Agency funds and trans-
actions,  for  a depository, and for the bonding of employees.

      (q)   To  consult with representatives  of Federal, State and local agencies, departments and their officers
and employees  ar.d to contract with such agencies and departments.

      (r)   To  exercise such other powers as are available under then existing law to each member Municipality
as is necessary or useful and convenient to carrying out the functions of the Agency within such  member Munici-
pality, as such functions are defined by the service contract entered by and between that member Municipality
and the Agency.

-------
       (•)    To borrow money, make and issue negotiable bond*,  certificates, refunding bond* and notea
 and to secure the payment of auch bonds, certificates, refunding bonds and notes or any part thereof by
 a pledge of any or all of the  Agency's net revenues and any other funds which it has a right to, or may
 hereafter have the right to pledge for such purposes.

       (t)    To provide in the proceeding authorizing such obligations for remedies upon default in the pay-.
 ment of principal and interest on any such obligations including but not limited to, the. appointment of a
 trustee to represent the holders of such obligations in default and the appointment of a receiver of the
 Agency's  property,  such trustee and such receiver to have the powers and duties provided for in the pro-
 ceeding authorizing  such obligations.

       (u)    To receive funds from each member Municipality designating full membership in the Agency, as
 payment for providing collection and'disposal of domestic solid waste from residents therein; provided,
 however,  that in lieu of receiving'such funds from member Municipalities  and at the'discretion of each member
 municipality,  it shall have the power to bill  individuals resident in  such Municipality directly for payment for
 collection and disposal, services and to receive such payments,  for and on behalf.of Municipalities so choosing.

       (v)    To hire  employees.fix their compensation, benefits, personnel rules and regulations,  and terminate
 their employment.
        , i,
       .(w)   To borrow money and accept grants, contributions or loans from, and to enter into contracts,  leases
 or other transactions with municipal, county. State or the Federal Government.

                                             VI.
                           TECHNICAL COOPERATION FROM MUNICIPALITIES

       1.    The Municipalities agree to respond to reasonable requests to  make local records available to the Agency staff
 and its consultants or employees for the purposes of this Agreement, and to assure that engineers, architects and
 consultants' hired by the Municipalities'  release materials, data and other pertinent items paid for by public funds
 to the Agency staff to aid in  the efficient and effective accomplishment of such purposes.

                                             VII.
                                         FINANCING

       1.    The Board shall  prepare a budget based on calendar years for  the operation of the Agency to be adopted
 in June of the  year preceding the budget year.

       2.  t The Board shall  request each Municipality to provide in its budget for its share of the Agency budget for
 its share  of the Agency budget.

       3.    The Board shall  annually adopt a percentage formula for each of the two classes  of Agency membership,
 based oh population  as shown in the  last completed fe ^tral census,  or  special federal census, whichever is latest,
.for the purpose of allocating the portion of the Agency budget each Municipality will provide.

       4.    The share of each budget from each Municipality shall be due and payable to the Treasurer of the Agency
 in quarterly payments to be made within 30 days after the beginning of the quarter of .the Agency's budget year.

       5.   'Special appropriations shall be made by the parties hereto for funding the operation of the Agency prior
 to the establishment of the budget cycle.

       6.    Any special or budgetary appropriation adopted by the Agency shall be a membership requirement of
.each and every Municipality. The failure of a Municipality to pay over to the Agency the allotted share of an Agency
 budget may be considered a momentary withdrawal of that Municipality and a default of this Agreement.

                                          VIII.
                                     NOT FOR PROFIT

".It if  expressly understood that the Agency is to be operated not for profit and no profit or dividend will inure to the
 benefit of  any person.

                                            IX.
                       SUSPENSION :OF VOTING RIGHTS AND SERVICES

'During a period of delinquency by a  Municpality in the payment to the Agency of its  share of a. budget and before  such
 delinquency is determined a  voluntary withdrawal,  such Municipality shall  not be entitled to the.services of the Agency,
 nor shall the Municipality be entitled to vote  on matters coming before the  Board,  unless such delinquency shall be
 waived for voting purposes by a three-quarters vote of the remaining members of the Board.

-------
                                           X.
                           WITHDRAWAL AND DISSOLUTION

      1.    In the event of the withdrawal of any Municipality from the Agency, such withdrawing Municipality shall
be entitled to a pro-rata share of the value of the real and personal property of this Agency.  Such share shall be
calculated as the percentage of the then value of said property based on  the ratio of the funds the withdrawing
Municipality has provided to the Agency during the period of this Agreement to the sum of all funds provided by all
Municipalities.  Funds for  the payment of the pro-rata share of such property value shall be provided for in the
next succeeding Agency budget cycle and shall be payable within six months of the beginning of the budget year in
which the item appears.  A withdrawing Municipality may waive its pro-rata share of any real or personal proper-
ty In the possession of the Agency.

      2.    The Agency shall be completely dissolved and this Agreement terminated only upon the affirmative three-
quarters majority vote of the Board which vote shall specify the date and time such dissolution shall be effective
which date and time may be amended at or before  such time but not thereafter by the same affirmative three-
quarters majority vote of the Board.

      3.    In the event of such a vote to completely dissolve the Agency,  any  real or personal property shall
be sold prior to the date and time aforesaid and the proceeds prorated among the Municipalities at the time of dis-
solution on the basis of the sum of the portions of  the budget for the Agency provided by them for and  during the
period of this Agreement.  The current budget  year shall be used as one of the years in the calculation if all
Municipalities have made their proper contribution.  If all members have  not made their proper contribution,
the balance remaining of funds collected during  the current year shall be refunded to the contributors  before de-
termining the value of the assets of the Agency at  dissolution,  and said year shall not be used in calculating the
shares.

      4.    Anything herein to the contrary notwithstanding. Municipalities may not withdraw or in any way terminate,
amend, or modify in any manner to the detriment  of bondholders this agreement or any contract for the services  of
the Agency if revenue bonds or obligations issued  in anticipation of tl e issuance of revenue bonds have been issued
and are outstanding.  Any revenue bonds for the payment and discharge  of which,  upon maturity or upon redeption prior
to maturity,  provision has been made through the  setting apart in a reserve fund or special trust account created
pursuant to this agreement to insure the payment thereof,  of moneys sufficient for that purpose or through tho ir-
revocable segregation for that purpose in  a  sinking fund or other fund or trust account of moneys sufficient therefor,
shall be deemed to be no longer outstanding and unpaid within the meaning of any provision of this Agreement.

                                            XI.
                       MANNER OF ACQUIRING AND HOLDING PROPERTY

      1.   The Board may lease,  purchase, or acquire by any other means, from members or from  any other
source, such real and personal property as  is required for the operation of the Agency and the carrying out of the
purposes of this Agreement.  The Board shall maintain title to all such  property in the name of the Agency and
shall require the Secretary to maintain an inventory.  Property,  materials and services shall be acquired or dis-
posed of only upon  a n  .jority vote of a quorum attending a duly called Board meeting, provided,  however, that by
the same vote the Board may authorize the Director to expend such funds as the Board may direct for  other authorized
purposes of the Agency.

                                            XII.
                              AMENDMENT OF AGREEMENT

Amendment of the Agreement shall be by the same procedures by  which  this Agreement was approved  and executed.

                                             XIII.
                    ARBITRATION OF DISPUTES BETWEEN MEMBERS

Except as may be otherwise required by law the Municipalities and each of them agree that any disputes which
may arise between them or between them and the Agency,  involving interpretation  of this Agreement,  shall be re-
solved whenever  possible by voluntary negotiation  in which the Director  may act as mediator if Agency interests do
not appear to be present in the issues presented or represent the Agency if the issues do affect the Agency.  Such
negotiation shall however not be obligatory and  may if commenced be terminated at any time by withdrawal of any
party to the conflict.  At any time from and  after it first appears that such a conflict exists,  including the period  of
voluntary negotiation proposed, any party to such a conflict or whose interests as a member or as an Agency arc
affected thereby may invoke the processes of arbitration hereinafter described in the following manner:

      (a)   Any one or more Municipalities  interested in such a dispute  or the Agency shall serve notice in the
manner of service  of an original notice under the Iowa Rules of Civil Procedure upon all the adverse parties
above referred to stating as simply as possible the points of difference between the parties and stating an intunt to
initiate, such arbitration procedures and the  completed service of such notice shall be deemed initiation of such pro-
cedures.  Within 10 days thereafter the serving  parties (acting jointly if more  than one),  jointly and severally
identified as  "Party X" for  purposes  of this  Article, and the adverse parties served (acting jointly if more thnn
one),  jointly and severally identified as "Party  Y" for purposes of this Article, shall each select one arbitrator

-------
 and *hall notify the other in writing of the name and address of the arbitrator selected.   The arbitrator* so select-
 ed (hall within ten (10) days after being notified of their selection select a third arbitrator,  and after doing so shall in
 writing forthwith notify Party X and Party Y of the name and address of such third arbitrator.  The three arbi-
 trators selected as aforesaid shall immediately proceed to determine the points of difference stated in such notice,
 andtthe conclusion of said arbitrators,  or a majority of them shall be reduced to writing and submitted in writing to
 Party X and Party Y,  and the determination so made shall be binding upon Party X and- Party Y and shall form
 the basis for future guidance of the parties on the issues so resolved.

       (b)   If either party shall fail to  select an arbitrator as aforesaid,  the party who io not in default may apply
 to the Secretary of State of the State of Iowa,  for the appointment of the second arbitrator, which application shall
 be upon ten (10) days' written notice to the other party,  and such Secretary of State shall appoint the second, arbi-
 trator.  If the  two arbitrators fail within  ten (10) days after  their appointment to agree upon the third arbitrator either
 of the parties, acting jointly if multiple in composition, or either of the  arbitrators, whether appointed by the par-
 ties or by such Secretary of State,  may make application to  such Secretary of State upon not less than three (3)
 days'  notice in- writing to each of the parties and to the other arbitrators and. upon such application 'such Secretary
 of State shall appoint the third arbitrator.  The active contestants within each. party shall pay the expense of its
 arbitrator and the expense incurred by it, and the compensation of the third arbitrator shall be divided equally as
 between such parties and paid by the active contestants in each as above provided.  In the event that said arbi-
 trators, or a majority of them shall fail to agree upon a determination of the issues within ten (10) days after the
 matter is submitted to them said arbitrators shall be discharged and the proceedings had before them shall be.
 abandoned, and if, for the foregoing, or any other reason,  any arbitration shall fail, a new arbitration shall be
 immediately commenced by naming new arbitrators as above provided, and the parties shall so continue until a
 determination  shall be made by such arbitrators  or a majority of them as herein provided.

       (c)    Any vacancy on said board  of arbitrators may be filled by the party originally entitled to select such arbi-
 trator, and if such party neglects to so do for  a period of  ten (10) days after written notice by the  other party to
 select such arbitrator, then such vacancy shall be filled,  on three (3) says' written notice by the party not in
 default, by an  appointment by such Secretary of State.

       (d)    No arbitrator shall be appointed hereunder unless he be entirely disinterested, not related to either of
 the parties or to another arbitrator, and  all arbitrators must be  of good repute, known integrity, well informed
 concerning municipal corporations and the rules  and regulations  to which they are legally subject and must have
 been resident freeholders of the State of Iowa, for at least five  (5) years prior to appointment.

       (e)    It is the intent of this Agreement that recourse to arbitration as prescribed shall be a mandatory con-
 dition precedent to the invocation of a judicial remedy or judgment and that such arbitration shall be final and bind-
 ing upon the  parties thereto save and except only as the law requires.

       (f)   'For the purpose of this article all the Municipalities which are parties  to this Agreement shall be
 named in either Party X or Party Y.  Party. Y shall consist  of parties known to be adverse to Party X  and all
 other 'Municipalities, party to this agreement, which have not officially declared their intent to join in the initiation
 of such arbitration proceedings upon the date of delivery of the initiating notice for service.  Selection  of an arbitrator
 by Party Y shall,  however, be by the real parties in interest to the issues presented.
                                                                     _ of

Attest:
                                                      By:

-------
 DOCUMENT IV-6
                              CHAPTER 28E - CODE OF IOWA
                    JOINT EXERCISE OF GOVERNMENTAL POWERS

                        Referred to in Sections 28F. 1, 136B. 14.  309.19

 28E. 1   Purpose                                    28E. 8     Filing and recording
 28E. 2   Definitions                                  28E. 9     Status of interstate agreement
 E8E. 3   Joint exercise of powers                    28E. 10    Approval of statutory officer
 28E. 4   Agreement with other agencies              28E. 11    Agency to furnish aid
 28E. 5   Specifications                              28E. 12    Contract with other  agencies
 28E. 6   Additional provisions                       28E. 13    Powers are additional to others
 28E. 7   Obligations not excused                     28E. 14    No limitation on contract
 28E. 1   Purpose.  The purpose of this chapter is to permit state and local governments in Iowa to make efficient
 use of their powers by enabling them to provide joint services and facilities with other agencies and to cooperate
 in other ways of mutual advantage.  This chapter shall be liberally construed to that end.  (C66, sec. 28E. 1)

 28E. 2   Definitions.  For the purposes of this chapter, the term "public agency" shall mean any political
 subdivision of this state; any agency of the state government or .of the United States; and any political subdivision
 of another state.  The term "state" shall mean a state  of the United States and the District of Columbia.  The
 term "private agency" shall mean an individual and any form of business organization authorized under the laws
 of this or any other state.  (C66, sec. 28E. 2)
         Referred to in  sections 28F. 2,  406.2

 28E. 3   Joint exercise  of powers.  Any  power or powers, privileges or authority exercised or capable of exer-
 cise by a public agency  of this state may be exercised and enjoyed jointly with any other public agency of this
 state having such power or powers, privilege or authority, and jointly with any public agency of any other
 state or of the United States to the extent that laws of such other state or of the United States permit such joint
 exercise or enjoyment.  Any agency of the state government when acting jointly with any public agency may
 exercise and enjoy all of the powers,  privileges and authority  conferred by this chapter upon a public agency.
 (C66, sec. 28E. 3)

 28E. 4   Agreement with other agencies.  Any public agency of this state may enter into an agreement with one
 or more public or private agencies for joint or cooperative action pursuant to the provisions of this chapter,
 including the creation of a separate entity to carry out  the purpose of the agreement.  Appropriate action by
 ordinance, resolution or otherwise pursuant to law of the governing bodies involved shall be necessary before
 any such agreement may enter into force.  (C66, sec.  28E. 4)

 28E. 5   Specifications.  Any such agreement shall specify the following:

         I.    Its duration.

         2.    The precise organization, composition and nature of any separate  legal or administrative
 entity created thereby together with the powers delegated thereto,  provided such  entity may be legally
 created.

         3.    Its purpose or purposes.

         4.    The manner of financing the joint or cooperative undertaking and of establishing and main-
 taining a budget therefor.

         S.    The permissible method or methods to be employed in accomplishing the partial or complete
 termination of the agreement and for disposing of property upon such partial  or complete termination.

         6.    Any other necessary and proper matters. (C66,  sec. 28E. S)

 28E. 6    Additional  provisions.  If the  agreement does not establish a separate legal entity to conduct the joint
or cooperative undertaking,  the agreement shall also include:

         1.    Provision for an administrator or a joint board  responsible for administering the joint or co-
operative undertaking.  In the  case of a joint board,  public agencies party to  the agreement shall be repre-
 sented.

         2.    The manner of acquiring,  holding and disposing of real and personal property used in the joint
or cooperative undertaking.  (C66,  sec.  28E. 6)

-------
 28E. 7   Obligations not excused.  No agreement made pursuant to this chapter shall relieve any public agency of
 any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance
 thereof by a joint board or other legal or administrative entity created by an agreement made hereunder,  said
 performance may be offered in satisfaction of the obligation or  responsibility. (C66, sec. 28E. 7)

 28E. 8   Filing and recording.  Before entry into force, an agreement made pursuant to this chapter shall be filed
 with the secretary of state and recorded with the county recorder.  (C66, sec.  28E. 8; 6ZGA,  ch 99,  sec.'l)

 28E. 9   Status of interstate agreement.  If an agreement entered into pursuant to this chapter is between
 or among one or more public agencies of this state and one or more public agencies of another state or of
 the United States said agreement shall, have the  status of an interstate compact.  Such agreements shall,  before
 entry into force, be approved by the attorney general who  shall determine whether the agreement is in proper form
 and  compatible with the. laws of this state.

 In any case or controversy involving performance or interpretation thereof or liability thereunder,  the public
 agencies party thereto shall be real parties in interest,  and the state may maintain an action to recoup or other-
 wise make itself whole for any damages  or liability which  it may incur by reason of being joined as  a party therein.
 Such action shall be maintainable against any public agency or agencies whose default, failure of performance,
 or other conduct caused or contributed to the incurring of  damage or liability by the state.  (C66, sec.ZSE. 9)

 Z8E. 10  Approval of statutory officer.  If an agreement made pursuant to this chapter shall deal in whole or in
 part with the provision of services  or facilities with regard to which an officer or agency  of the  state has constitu-
 tional or statutory  powers of control, the agreement shall, as a condition precedent to its entry into force, be
 submitted to the state officer or agency having,such power of control and shall be approved or disapproved by
 him or it as to all.matters within his or  its  jurisdiction.  (C66,  sec. Z8E. 10)

 Z8E. 11  Agency to furnish aid.  Any public agency entering into an agreement pursuant to this';chapter
 may appropriate funds and may sell, lease, givj,  or otherwise  supply the administrative  joint board or other
 legal or  administrative entity  created to operate the joint  or cooperative undertaking by providing such personnel
 or services therefor as may be within its legal power to furnish. (C66, sec.ZSE. 11)

 28E. 12  Contract with other agencies.  Any one or more public agencies may contract with  any  one  or more other
 public agencies to perform any governmental service, activity,  or undertaking which any  of the  public agencies
 entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the
 governing body of each party to the  contract.  Such contract shall set forth fully the purposes, powers, rights,
objectives,  and responsibilities of the contracting parties. (C66, sec.ZSE. 12)

 Z8E. 13  Powers  are additional to others. The powers granted by this chapter shall be in addition to any  spe-
cific grant for intergovernmental agreements and contracts. (C66, sec.ZSE. 13)

 28E. 14  No limitation on contract.   Any  contract or agreement  authorized by this  chapter shall  not be limited
ai to period of existence,  except as may be limited by the  agreement or contract itself. (C66, sec. 28E. 14)

-------
DOCUMENT W-7
                                CHAPTER 394 CODE OF IOWA
                           SELF-LIQUIDATING IMPROVEMENTS
                   Referred to in Sections 362. 28,  384.3(11), 392.11,  subsections 2 and 3
                                 Applicable to all cities  and towns

394.1    Sewage treatment plants and sanitary         394. 7     Previous proceedings - other fund*
          disposal projects - acquisition - bonds       394.8     Pledge of net earnings
394.2    Wharves, docks or piers.                    394.9     Self-liquidating rates -  lien on premise•
394.3    Supervision and control                      394.10    Chapter applicable to municipal docks
394.4    Repealed by 63GA,  ch 1191,Sec. 23.         394.11    Scope of chapter
394.5    Garbage  disposal plants and sanitary         394.12    Refunding bonds authorized
          disposal projects - fees.                    394. 13    Interest rate on bonds
394.6    Self-liquidating contracts - bonds
394.1    Sewage treatment plants and sanitary disposal projects - acquisition - bonds.  Cities,  towns,  counties
and sanitary districts incorporated under the provisions of chapter 358 are hereby authorized and (empowered
to own, acquire,  purchase, construct, )* powered to own, acquire, establish, construct,  purchase,  equip,  im-
prove, extend, operate, maintain, reconstruct and repair within or without the corporate limits of such city,
town, county or sanitary district, works and facilities useful and convenient for the collection,  treatment,
purification and disposal in a sanitary manner of the liquid and solid waste,  sewage, and industrial waste of
any such city,  town,  county or sanitary district, including sanitary disposal projects as defined in section
406. 2, also swimming pools or golf courses, and shall have authority to acquire by gift,  grant, purchase,  or
condemnation,  or otherwise,  all necessary lands,  rights of way, and property therefor, within or without the
said city, town, county or sanitary district, to purchase and acquire an interest in such sanitary disposal
project or such works and facilities which are owned by another city, town, county or sanitary district and
wiiich are to be jointly used by them,  and to issue  revenue bonds to pay all or any part of the cost of establish-
ing,  acquiring, purchasing, constructing,  equipping, improving, extending, reconstructing,  repairing, operating,
or maintaining such sanitary disposal project or such works and facilities, including the amount agreed upon for
the purchase and acquisition by a city, town, county or sanitary district of an interest in the sanitary disposal
project or works and facilities which are owned by another city, town, county or sanitary district, and which
are to  be jointly used.  As used in this chapter the words "works and facilities", "works",  or  "facilities" shall
include but not be limited to sanitary disposal projects as defined in section 406.2. (C35,6066-fl; C39. section
6066.24: C46.  50,  54.  58, 62, 66. Section 394.1; 63GA, ch 1191.  sec.  21(1-16))
         45ExGA, ch 71. sec.  1,  editorially divided
         *See 63GA,  chl!91. Sec. 21(2)
         Referred to in Sections  28F. 1-28F. 3

394.2    Wharves,  docks or piers.  Cities and towns are also hereby authorized and empowered to own,acquire
construct, equip,  operate, and maintain within and/or without the corporate limits of such city or town, wharves,
docks, and/or  piers, including the grading and filling of lands under their  control, when the same are authorized
by a majority of voters after the proposition of such project shall  have been submitted to an  election to be called
and conducted as required by the  statutes regulating elections relating to the authorization and issuance of bond*
by cities and towns for similar purposes, provided,  however, no election  shall be necessary unless demanded
by a petition signed by fifteen percent of the voters at the last preceding municipal election filed within sixty
days following  the publication of an ordinance adopted for the issuance of such bonds, and to issue revenue  bonds
to pay  all or any  part of the costs of acquiring, purchasing, constructing,  reconstructing, equipping,  improving,
relocating,  repairing or remodeling any of the works or improvements referred to in chapter 384 including
the grading and filling of lands and the acquisition  of property of every kind and description, whether real,
personal or mixed, which is useful in the operation of dock facilities. (C35, Sec.  6066-fZ; C39,  sec.  6066.25;
C46, 50, 54, 58. 62. 66, sec. 394.2; 63GA,  ch 1184,  sec. 2)   See Sec. 75.1

394.3   Supervision and control.  The construction, acquisition,  improvement, equipment,  custody,  operation,
and maintenance  of any such works for the collection,  treatment or disposal of sewage,  swimming pools, golf
courses, wharves, docks, sanitary disposal projects or piers, and the collection of revenues therefrom,  for
the service  rendered thereby,  shall be under the supervision and control of the city,  town,  county or sanitary
district. (C35, sec. 6066-f3; C39, sec.  6066.26; C46,  50, 54,  58, 62,  66, sec. 394.3; 63GA,  chll91,
•ec. 22(1-3))

394.4   Repealed by 63CA, chl!91,  sec. 23.

-------
 394.5   Garbage diopooal plants and oanitary disposal projecto - (ceo.  Cities, towns, countieo and oanitary
 districts may by resolution or ordinance provide a schedule of fees to be charged (or the  use of and the oerviceo
 and facilities to be rendered by  the sanitary disposal project or (or the collection and diapooal of garbage
 and may pay the  coot of establishing, acquiring,  purchasing, constructing,  equipping, improving,  extending,
 reconstructing^ repairing,  maintaining and operating sanitary disposal projects, garbage disposal planto
 or  incinerating plants out of the earnings'of such project or plant; revenue  bonds,  payable solely and only,
 out of the earnings of such project or plant, may be issued in the manner provided in this chapter.
 (C35,  sec.  6066-f5; C39, sec. 6066.28; C46,  SO,  54,  58,  62, 66, sec.  394.5; 63GA, ch 1191, sec.  24(1-5)).

 394.6   Self-liquidating contracts - bonds.  Cities, towns,  counties and sanitary districts incorporated under the
 provisiono of chapter  358, are authorized to borrow money from the federal government or an agency thereof
 for any of the purposes  referred to in this  chapter by issuing revenue bonds, payable as hereinafter provided
 and deliver such bonds to the federal'government  or an agency thereof;  or  such cities, towns; counties and
 oanitary districts may borrow money by issuing revenue bonds, payable as hereinafter provided,  and to de-
 liver such bonds to the contractor or contractors  in payment for the costs  of any of the projects or improve-
 ments referred to in this chapter; or such  cities,  towns, counties  and sanitary districts may sell such bondo
 at a public sale upon the same conditions provided by chapter 75,  insofar as the provisions  of said chapter 75
 are otherwise applicable to bonds issued by such cities, towns, counties and sanitary districts, and may use
 the proceeds from the sale of such bonds to pay all or any part of the cost  of said projects»or improvements.
 As  evidence of such loan,  such city, town, county or sanitary district may issue its bonds payable solely and
 only from the revenues  derived from such  project or improvement.  Such bonds may be issued in ouch
 amounts as  may be necessary to provide sufficient funds to pay all the costs of the project or improvement,
 including engineering, legal and other expenses,  together with interest  to a date six months subsequent to
 the estimated date of completion.  Bonds issued under the provisions of this chapter are declared to be negotiable
 instruments,  shall be executed by the mayor and clerk of the city or town,  the  chairman of  the board of super-
 vioors and county auditor of the  county, or the trustees  of the sanitary district and shall be sealed with ths
 corporate seal of the municipality or sanitary district.  The principal and  interest of said bondo shall be
 payable solely and only  from the special fund herein provided for such payment, andvsaid  bonds shall not,  io-
 an.- respect, be a general obligation of ouch city,  town,  county or sanitary district,  nor shall they be
 payable in any manner by taxation,  nor  shall the municipality or sanitary district be in any  manner liable
 by reason of the earnings being insufficient to pay said bonds.  All the details pertaining to  the issuance of
 such bonds and the terms and conditions thereof,  shall be determined by resolution or ordinance of the
 municipality or sanitary district.  Cities,  towns,  counties and sanitary  districts may also borrow money
 and issue revenue bonds pursuant to the provisions of this chapter for the purpose of purchasing and
 acquiring sanitary disposal projects or works and facilities useful and convenient for the collection, treat-
 ment,  purification and disposal in a sanitary manner of  the liquid and solid waste, sewage and industrial
 waste of any such city, town, county or sanitary district and for the purpose of purchasing and acquiring
 an interest in any such projects, works a'nd facilities which are owned by another city, town,  county or
 oanitary district and which are to be jointly used. Such bonds may be delivered to the seller of such sani-
 tary disposal project or works and facilities or to the municipality selling an interest in its  sanitary disposal
 project or sewage works and facilities in payment'of the purchase price, or such bonds may be sold at
 public sale in the  manner provided by chapter 75 and the proceeds from such sale applied to the payment
 of the purchase price.  (C35, sec. 6066-£6; C39,  sec. 6066. 29; C46, 50, 54, 58, 62, 66,  sec. 394.6;
 63GA, ch 1191, oec. 25(1-23))
         Referred to in sec.  384. 3(11)
         Negotiable instruments, ch 554. 3104 et seq.

 394. 7    Previous proceedingo - other funds.  This chapter' shall be deemed to apply to all proceedingo <
 heretofore taken by cities, towns,  counties and sanitary districts for any of the purposes  referred to
 in this chapter, notwithstanding that a portion of the funds shall have been derived from sources other than
 the issuance, of bondo hereunder.   (C39, sec. 6066. 30; C46, 50, 54,  58, 62, 66, sec. 394.7; 63GA,  chl!91,
 eec. 26(1-3))?,

 39-«. 8    Pledge of net earnings.   Before the issuance of any such bonds, the governing body of the city, town,
 county or sanitary district by resolution or ordinance shall pledge the net-earnings of the  sanitary diepoonl
 project or works to the payment of said bonds ah'd the interest thereon,  and shall provide  that the  same phall
f&'oet apart as a sinking fund for that purpose. (C-35, sec. 6066-f7; C39, sec. 6066.31;C46,  50, 54,  58. 62, 66,
 oec. 394. 8; 63GA. ch 1191, sec.  27(1-3))

 39*4. 9    Self-liquidating rates -  lien on premises.  The  governing body  of the city,  town,  county,  or  sanitary
 district shall have power by 'ordinance or resolution,  to  establish and maintain just and equitable rateo or
 charges for the use of and the  service rendered by such works,  to be paid by the-owner of each and every lot,
 parcel of real 'estate,  or building that is connected with and uses such v/orks, by or through any part of the
 oewage system of the city or town,  or that  in 'any way uses  or is served by  such works. The governing .body
 of such city, town, county, or sanitary district may also by ordinance or resolution establish and maintain
juQt and equitable rates  or charges  for the  use of and the services and facilities rendered by aioanitary
disposal project.  Such governing body may readjusti'such rates or  charges from time to time 
-------
constitute a lien upon the premises served by such sanitary disposal project or works,  and shall be collected
in the same manner as taxes.  (C35. sec. 6066-f8; C39. sec. 6066.32; C46, SO,  54,  58,  62, 66. sec. 394.9;
63GA,  ch 1191, sec.28(1-7))

394. 10   Chapter applicable to municipal docks. All of the provisions of this chapter relating to the borrowing of
money,  and issuing revenue bonds for wharves, docks and piers,  including the grading and filling of lands,
and for  the payment thereof, shall be applicable to chapter 384.  (C50, 54, 58, 62, 66,  sec.  394. 10)

394.11   Scope of chapter.  The provisions of this chapter shall be deemed to apply to the construction,
equipment, operation and maintenance of any sewage  treatment plant or plants, by any sanitary district,
operating under the provisions of chapter 358; and any such sanitary district may,  in addition, use the power
conferred upon it by chapter 358 to apply any of the provisions of this  chapter relating to the construction,
equipment, operation and maintenance  of any sewage treatment plant or plants of such sanitary district,  or
any combination of the  power relating to sewage treatment plants granted such sanitary district by the pro-
visions  of this chapter  and chapter 358.  (C50,  54, 58,  62,  66, sec. 394.11)

394.12   Refunding bonds authorized.  Cities, towns, counties  and sanitary districts are hereby authorized
to issue from time to time negotiable interest bearing refunding bonds to refund at maturity or pursuant to
redemption provisions  or at any time before maturity with the  consent of the holders  thereof a like principal
amount  of outstanding revenue bonds or obligations previously  issued by such city, town, county or  sanitary
district pursuant to the provisions of this chapter. All such refunding bonds shall  comply with the pertinent
provisions of this  chapter and may be made subject to redemption in such manner and upon such terms, with
or without premium, as is stated on the face thereof.  Such refunding  bonds  shall be payable only from the
net earnings  of such sanitary disposal project or such works and facilities and shall not constitute a general
obligation of any such  city,  town, county or sanitary district or be payable in any manner by taxation.  Such
refunding bonds may be issued in exchange for  the outstanding  bonds or obligations to be refunded or such
refunding bonds may be sold and the proceeds thereof applied to the payment of such outstanding bonds or
obligations.  (C62, 66. sec. 394. 12; 63GA, ch  1191.  sec. 29(1-6))

394. 13   Interest rate on bonds.   Bonds issued  pursuant to the  provisions of this chapter shall bear interest at
a rate not exceeding seven percent per annum.   (63GA,  ch 87,  sections 26,60)
         See  63GA,  ch  87, sec. 60

-------
 DOCUMENT 1V-8
                               CHAPTER 28F - CODE OF IOWA
                  JOINT FINANCING OF PUBLIC WORKS AND FACILITIES

 28F. I     Scope of chapter                            28F. 6    Bonds not debts of the public agencies
 28F. 2     Definitions       .                          28F. 7    Operation of project
 28F. 3     Revenue  bonds                              28F. 8    Details of revenue bonds
 28F. 4     Use of proceeds - negotiability             28F. 9    Issuance of bond anticipation notes
 28F. 5     Source of payment - rates and charges,      28F. 10   Refunding bonds
             pledge of revenues                       28F. 11   Eminent domain
 28F. 1     Scope of chapter.  This chapter is intended to provide a means for the joint financing of public agencies
 of works or facilities' enumerated in section 394. 1.  The provisions of this chapter shall be deemed to apply to the
 acquisition, construction,  reconstruction, operation,  repair,  extension or improvement of such works or facilities,
 by a separate administrative or legal entity created pursuant to chapter 28E. (63CA,  ch 236,  sec. 1)

 28F. 2     Definitions.  The terms "public agency", "state", and "private agency" shall have the meanings pre-
 scribed by section 28E. 2.  The term "project" or "projects" shall mean any works or facilities referred to  in
 section 394.1 and shall include all property real and personal, pertinent thereto or connected with such project
 or projects, and the existing works or facilities, if any, to which such project or projects are an extension, addi-
 tion, betterment or improvement. (63CA, ch 236,  sec. 2)

 28F. 3     Revenue bonds.  An entity created to carry out an agreement authorizing the  joint exercise of those
 governmental powers enumerated in section 394.1  shall have power to construct, acquire, repair,  improve,
 expand,  operate and maintain a  project or projects necessary  to carry out  the purposes of such agreement,  and
 to issue from time to time revenue bonds payable from the revenues derived from such project or projects,
 or any combination of such projects, to financ.  the cost or part of the cost of the acquisition,  construction,  re-
 construction, repair, extension or improvement of such project or projects, including the acquisition for the
 purposes of such agreement, of any property,  real or personal or mixed therefor.  The power of the entity to
 issue revenue bonds  shall not be exercised until authorized by resolution or ordinance duly adopted by each of
 the public agencies participating in such agreement.  Public agencies participating in such an agreement may
 not withdraw or in any way terminate,  amend,  or modify in any manner to  the detriment of the bondholders said
 agreement if revenue bonds or  obligations issued in anticipation of the issuance  of said  revenue bonds have been
 issued and are then outstanding  and unpaid as provided for herein.  Any revenue bonds  for the payment and discharge
 of which, upon maturity or upon redemption prior to maturity, provision has been made through the setting apart
 in a reserve fund or  special trust account created pursuant to  this chapter  to insure the payment thereof,  of
 moneys  sufficient for that purpose or through the irrevocable segregation for that purpose in a sinking fund or
 other fun.d or trust account of moneys sufficient therefor, shall be deemed  to be  no longer outstanding and un-
 paid within the meaning of any  provision of this chapter.  (63CA,  ch 236, sec. 28F. 4

 28F. 4     Use  of proceeds - negotiability. Revenue bonds may be issued,  as provided in section 28F. 3, to
 provide all or any part of the funds required to finance the cost of the acquisition,  construction, reconstruction,
 repair,  extension or improvement of any project or projects or other purposes  authorized under this chapter
 and such cost shall include, but shall not be limited to, administrative expenses, acquisition and construction
 costs, engineering, fiscal  or financial and legal expenses,  surveys,  plans  and specifications,  interest during
 such construction,  reconstruction, repair, extension or improvement or acquisition and for one year after com-
 pletion of such construction,  reconstruction, repair, extension or improvement  or after acquisition of the project
 or projects, initial reserve funds, acquisition of real or personal property, including franchises, and such other
 costs as are necessary and incidental to the construction,  reconstruction,  repair,  extension or improvement, or
 acquisition of such project or projects and the financing thereof. Such an entity  shall have the  power to retain
 and enter into agreements with engineers, fiscal agents, financial advisers,  attorneys,  architects or other consult-
 ants, or advisers for planning,  supervision and financing of such project or projects upon such terms and  con-
 ditions as shall be  deemed advisable and in the best interest of the entity.  Bonds issued under the provisions of
 this chapter are declared to be  investment securities under the laws  of the  state  of Iowa.  (63GA, ch 236. sec. 4)

 28F. 5     Source of payment - rates and charges, pledge of revenues.  Such an  entity shall have the: power to'
 pledge all or part of the net revenues of a project or projects to the payment of the principal of and interest on
 the bonds issued pursuant to this chapter and shall  provide by resolution authorizing the issuance.of said bond*
 that such net revenues of the project or projects shall be set apart in a sinking fund for  that purpose and kept separate
 and distinct from all other  revenues of the entity.  The principal of and interest  on the bonds so issued shall be
 secured  by a pledge of such net revenues of the project or  projects in the manner and to the extent provided in
 the resolution authorizing the issuance of said bonds.

          Such an entity shall have the power to fix, establish  and maintain such rates,  tolls,  fees,  rentals or
 other charges and collect the same from the public  agencies participating in the  agreement or from private agencies
 or persons for the  payment of the services and facilities provided by  said project or projects.   Such rates, tolls,
 fees, rentals or other charges shall be so fixed, established and maintained and  revised from time, to time whenever
 necessary as will always provide revenues sufficient to pay the cost of maintaining, repairing and operating  the
 project or projects, to pay the principal of and interest of the bonds then outstanding which arc payable therefrom
as the same become due and payable,  to provide adequate and sufficient reserves therefor,  to provide for replace-
ments, depreciations and necessary extensions and enlargements and to provide  a margin of .safety for the making •

-------
of »uch payment* and providing such reserves.  Notwithstanding the foregoing such an entity shall have the further
right to pledge to the payment of the bonds issued pursuant to this chapter, in addition to the net revenues of the
project or projects pledged therefor, such other moneys that it may have and which are lawfully available therefor.

          In order to pay the rates, tolls, fees,  rentals or other charges levied against a public agency by an
entity for the payment of the services and facilities provided by a project or  projects authorized by this chapter,
public agencies participating in such an agreement shall have the power by ordinance to fix,  establish and maintain,
rates or other charges for the use of and the services and facilities rendered by said project or projects.  Such
rates or charges may be so fixed, established and maintained and revised from time to time whenever necessary
as will always provide such public agencies with sufficient revenue to pay the rates,  tolls, fees, rentals or other
charges levied against it by the entity for the  payments  of the  services and facilities  provided by said project or
projects.  All such rates or charges to be paid by the owners of real property, if not paid  as by the ordinance pro-
vided, when due,  shall constitute a lien upon such real property served by such project or projects, and shall be
collected in the same manner as general taxes.  (63GA,  ch 236. sec. 5)
          Referred to in sec.  28F.6

28F. 6    Bonds not debts of the public agencies.  The principal of and interest on the bonds issued by an entity
under the provisions of this chapter shall be payable solely from and secured by the  net revenues of the project
or projects and from other funds  of the entity lawfully available therefor as provided  in section  28F. 5 and said
bonds shall not in any respect be  a  general obligation of any public agency participating in  said entity nor shall
the entity or any public agency participating in said entity be in any manner liable by  reason of such net revenues
or other funds being insufficient to  pay said bonds.  All bonds issued by the entity shall contain a recital on their
face that neither the payment of the principal nor any part thereof nor any interest thereon constitutes a debt,
liability or  obligation of any of the  public agencies participating in the agreement creating such entity or of the  entity
itself, except that the entity shall be liable for the payment of  such bonds from the net revenues derived from the
project or projects  and from the other moneys lawfully available therefor and pledged thereto pursuant to the pro-
visions of the resolution which authorized their issuance.  Said bonds issued  by the entity shall be authorized
by resolution which may be adopted at the same meeting at which it was introduced by a majority of the members
of the governing body of the entity.  The terms,, conditions and provisions for the authorization, issuance, sale,
and security of said bonds and of the holders thereof shall be  set forth in said resolution.   (63GA, ch 236,  sec. 6)

28F. 7    Operation of project.  Such an entity shall operate,  maintain and preserve the project or projects
in good repair and working order, and shall operate the  project or projects in an efficient and economical
manner, provided,  however,  that the entity may lease or rent the project or  projects or any part thereof,  or otherwise
provide for the operation of the project or projects or any part thereof in such manner and upon such terms as
the governing body of the entity shall direct.   (63GA, ch 236,  sec. 7)

28F.8    Details of revenue bonds. Revenue bonds issued pursuant to the provision  of this chapter  shall bear
interest at a rate  or rates not exceeding seven percentum per annum, may be in one  or more series, may bear
such date or dates,  may mature at  such time or times not exceeding forty years from their respective dates,
may be payable in such medium of payment, at such place  or places within the state, may carry  such registration
privileges,  may be  subject to such  terms .of prior redemption, with or without premium, may be executed
ii such manner, may contain such terms,  covenants and  conditions,  and may  be in such form otherwise,  as such
resolution or subsequent resolutions shall provide.  (63GA, ch 236, sec. 8, ch 1032,   sec. 3,  ch 1191, sec. 31)
          See also sections 75.11 and 394. 13

28F. 9    Issuance  of bond anticipation notes.  Such an entity shall have the power,  at any time  and from time to
time after the issuance of bonds thereof shall have been  authorized, to borrow money for the purposes for
which  such bonds  are to be issued in -rticioation of the receipt of the proceeds  of the  sale of such bonds and within
the authorized maximum amount of such bond issue.  Any such loan shall be paid within three years after the
date of the initial  loan.  Bond anticipation notes  shall be  issued for all moneys so borrowed under the provisions
of this section,  and such notes may be renewed from time to time but all such renewal notes shall mature with-
in the time above  limited for the payment of the  initial loan.  Such notes shall be authorized by resolution of the
governing body of the entity and shall be in such denomination or denominations, shall bear interest at such
rate or rates not exceeding the maximum rate permitted by the resolution authorizing the  issuance of the bonds,
shall be in such form and shall be executed in such manner, all as such entity shall prescribe.  If such notea
shall be renewal notes, they may be exchanged for notes then  outstanding on such terms as the governing body of
the entity may,  in its discretion,  retire any such notes from the revenues derived from the project or projects
or from such other  moneys of the entity which are lawfully available therefor or from a combination of each, in lieu of
retiring them by means of bond proceeds, provided, however,  that before the retirement of such notes by any
means other than the issuance of bonds it shall amend or repeal the  resolution authorizing  the issuance of the
bonds in anticipation of the proceeds of the sale  of which such notes  shall have been issued so as to reduce the
authorized amount of the bond issue by the amount of the notes so retired.  Such amendatory or repealing resolu-
tion shall take effect upon its passage.  (63GA, ch 236, sec. 9)

-------
i8F. 10   Refunding ttnntU.  Refunding Uontln may l>p lnnupit l>y n» entity In » primIpul amount *ti((li'i«nl lo
provide fund* for the payment (including premium, if any) »l hunriu imued by  said entity pursuant to (ha pro-
vi• ioni of thl» chapter to be refunded thereby and the interest thereon and in addition far the payment of all
expenies incident to the calling, retiring, or paying of such outstanding bonds to be refunded, such refund-
ing bonds may also finance the construction of a project or projects authorized by this chapter or the im-
provement, addition, betterment or extension of an existing project or projects so authorized.  Said re-
funding bonds shall not be issued to refund the principal of and interest on any bonds to be refunded unless
such bonds mature or are redeemable under their terms within ten years from the date of delivery within ten
years from the date of delivery of the refunding bonds. The proceeds of said refunding bonds to be used for
the payment of the principal of, interest on and redemption premiums, if any, on said bonds to be refunded
which will not be due and payable immediately which will  not be due and payable immediately shall be deposited
in trust for the sole purpose of making such payments in a bank or trust company within the state.  Any
moneys in such trust fund, prior to the  date such funds will be needed for  the payment of such principal of,
interest on and redemption premiums, if any, of such outstanding bonds to be  refunded, may be invested.or
reinvested as provided in the resolution authorizing said refunding bonds.   Refunding bonds  shall be  issued
in the same manner and detail as revenue bonds herein authorized. (63GA, ch 236,  sec. 10)

28F. 11   Eminent domain. . Any public agency-participating in an agreement  authorizing the joint exercise
of governmental powers pursuant to this chapter  may exercise its power of eminent domain  to acquire interests
in property, under provisions of law then in effect and applicable to such public agency, for the use of the entity
created to carry  out such agreement. Any interests in property so acquired shall be deemed acquired for a
public  purpose of the condemning public agency,  and the-payment  of the costs  of such acquisition may be made
pursuant to  such  agreement or to any separate agreement between or among said public agency and such entity
or the  other public agencies participating in such entity or any of them.  Upon payment of such costs, any
property so acquired shall be and become the. property of the entity. (63GA, ch 236, Sec. 11)

-------
DOCUMENT IV-9
                                COREHAM VS.  DES MOINES
                                SUPREME COURT OF IOWA

GOREHAM v. DES MOINES
           Iowa Supreme Court

WILLIAM  COREHAM.  DAVID .LIDDLE, DIGHTON SMITH, and LLOYD BOCK v. DES MOINES METROPOLITAN
AREA SOLID WASTE AGENCY,  TOWN OF ALTOONA,  IOWA,  CITY OF ANKENY, IOWA, TOWN OF CARLISLE.
IOWA, TOWN OF CLIVE, IOWA, CITY OF DES MOINES, IOWA,  TOWN OF GRIMES, IOWA, TOWN OF
PLEASANT HILL, IOWA, COUNTY OF POLK, IOWA, CITY OF URBANDALE, IOWA, CITY OF WEST DES
MOINES, IOWA, CITY OF WINDSOR HEIGHTS, IOWA, TOWN OF MITCHELLVILLE, IOWA, TOWN OF POLK
CITY, IOWA, TOWN OF ELKHART, IOWA, TOWN OF RUNNELLS, IOWA,  TOWN OF BONDURANT, IOWA.
No.  118/5424Z, September 2,  1970

LAND

           Federal,  state, and local regulation - Constitutionality  (sec. 8.03)

           - Solid waste disposal (sec.  8.50)

Iowa constitution does not bar Des Moines Metropolitan Area Solid Waste Agency from financing its function*
through bonds payable from fees collected for use of its services, since legislation permitting creation of Agency
is not unconstitutional delegation of legislative authority nor are bonds general indebtedness of participating sub-
divisions in violation of constitutional debt limitations.
          Appeal and Cross Appeal from'Polk District Court - Cole S.  Missildine, Judge.

Declaratory action to determine the rights of property owners of the greater Des Moines metropolitan area and
the status of the  Des Moines Metropolitan Area Solid Waste Agency created by an intergovernmental agreement
pursuant to authority granted by chapter  28E of the 1966 Code and Chapter 236, Acts of the Sixty-third General
Assembly,  First Session, and to construe  such legislation.  The trial court held that chapter 28E was a valid dele-
gation of legislative authority,  that it applied to counties,  and approved the agreement.  We find the legislation
and the agreement valid but inapplicable  to counties.  Modified and affirmed.

Tesdell, Miller, Rydell t< Hall - Des Moines, for appellants-cross-appellces.

Phil


-------
 Plaintiffs, who are resident*,  property owners, and taxpayers of the cities of Oea Moines and West Des Moines,
 Iowa,  brought this action at law against the Des Moines Metropolitan Area Solid Waste Agency (hereafter
 called the Agency) and its members asking an interpretation of chapter 28E, Code of Iowa 1966, and chapter
 236, Acts of the Sixty-third General Assembly, First Session, with reference to the power and the authority
 of the Agency under those laws.  The vital question presented is whether under these statutes and the Iowa
 Constitution the  Agency can issue bonds to finance the planned functions of the Agency in  the collection and
 disposition of solid waste,  and pay the interest and principal from fees legally, collectible from its members
 for this  service. The trial court held that the Agency was properly created,  that due authority was properly
 delegated-to it, that the submitted agreement between the members was valid, and that it could issue such
 revenue bonds and fix and collect fees from those using these  services  including interest and principal on
 the bonds, but held the participation by Polk County was limited to disposition of solid waste  only and did
 not permit participation in collection costs.   Plaintiffs appeal as to the creation of the Agency, the propriety
 of the  authority delegated,  and the legality of the agreement, and defendants cross-appeal as to the limited
 participation by  Polk  County.  Due to the importance of this issue,  special attention is  given  this problem.

 The object or purpose of the involved legislation is clearly stated and relates to the health, safety and wel-
 fare of the people, involves a service and facility needed, and directs a liberal construction to accomplish
 a worthy purpose.  After careful study and research,  we conclude neither the legislation nor the contract
 involved are violative of the  Iowa Constitution.

 The record before us consists  of the pleadings, an extended stipulation of the parties including the exhibits
 referred to therein, the trial court's findings of fact and conclusions of law, and the judgment entry filed
 April 16, 1970.

 Apoellants1 principal  contention as stated in their petition is that the defendant Agency under  the provisions
 of said "Intergovernmental Agreement, Exhibit A", may receive revenues directly from  the defendant
 municipality members thereof  and that as  a result, the defendant municipality members are each required
 to pay said bonds from the general funds of each said municipality for the costs of acquisition and con-
 struction of said site  and facilities and that said bonds are therefore indebtedness of the participating de-
 fendant municipality members within the meaning of Article XI,  Section 3, of the Constitution of the State
 of Iowa, notwithstanding the  provisions of said resolutions requiring payment from a sinking fund or special
 fund set apart for the  purpose.

 Appellants further contend that the defendant Agency is invalid and has no legal character as a "public body
 corporate and politic" for the reason that chapter 28E of the 1966 Code of Iowa and Senate File 482 (also
 known as chapter 236, Acts of  the 63rd General Assembly, First Session) under which  said Agency was
 created  is in violation of Article III, Section 1, of the Constitution of the State of Iowa,  as an improper
 delegation of legislative authority, and that as a result the creation of said Agency by the "Intergovern-
 mental Agreement, Exhibit A", is ultra vires and of no force  and effect,  and that as a consequence thereof
 said defendant Agency is without authority to issue revenue bonds pursuant to Senate File 41,2 enacted by
 the 63rd General Assembly of Iowa.

 Fairly summarized, the Stipulation of Facts filed herein on March 30,  1970, states as  follows:

 On August 8,  1966, the City Manager of the defendant City of Des Moines, by memorandum to the City
 Council, informed it that the city was confronted with  a  serious problem relating to the collection and
 disposal of solid waste, in that the solid waste facility operated by the City of Des Moines was fast filling
 up.  The impact  of the report was heightened by the fact that .the local units  of government in the near metro-
 politan Des Moines area were using the Des Moines dump to a greater extent for the  disposition of some or
 all Df their solid waste and were using local dumps in the area surrounding Des Moines-to a lesser  extent for the
 disposition of a portion of their solid waste.   The memorandum proposed a study and demonstration project
 for the metropolitan area which contained approximately 430 square miles.  The manager recommended that
 the communities in the metropolitan area engage in a,cooperative effort in disposing of their solid waste.

 A proposal was made  to the office of Solid Waste of .the United States Department of Health, Education and ^Wel-
 fare for  matching federal funds  and that office authorized a grant of federal  funds  to the City of Des Moines,
 which authorization was dated March 20, 1967,  in the  sum of $72, 989. 00 toward a total one-year budget:for the
 project of $109,484.00.

 On November 28, 1966, the City Council of the City of DCS Moines,  by resolution, authorized  the execution uf a
 contract, conditioned  upon  the federal grant, between the City of Des Moines and the other thirteen govern-   -
 mental units in the metropolitan area.   As a result consulting  firms were employed to make  a comprehensive
detailed .analysis of solid waste collection and disposal in,the Des Moines metropolitan area and to make
 recommendations for  the best means of collection and disposal of solid waste material for the governmental
units-involved for approximately twenty to  twenty-five  years fin the future.

-------
 The report of Henningson,  Durham (c Richardson,  Inc., was delivered to the City of Dea Moines on May 16,
 1968, showing in great depth of detail a complete analysis of the solid waste problem for the communities
 involved, together with specific recommendations  for the solution of such problems.

 Subsequent thereto the defendant municipalities entered into an agreement based upon the form suggested
 by the study. Exhibit D,  which said intergovernmental agreement created the Metropolitan Area Solid Waste
 Agency.

 Pursuant to said agreement the Agency was duly organized,  officers were elected and a director was hired
 to manage the affairs of  the Agency under the direction of the Agency board which was composed of one
 representative from the  governing body of each member of the Agency,  each having one vote for every
 50,000 or fraction thereof population in his area of representation.

 On February 24,  1969, the Agency board authorized the preparation of an application to the United States
 Department of Health,  Education' and Welfare, Public Health Service, for funds for a project designed to
 demonstrate the implementation of a Metropolitan  Solid Waste Management  Plan,  which said application
 covered a projected  two-year period of operation commencing June 1, 1969, and ending May 31, 1971.

 On June 24, 1969, the Department of Health,  Education and  Welfare,  Public Health Service, issued its
 Notice of Grant Awarded, indicating a first year grant in the amount requested of $73,857.00 against
 matching local funding in the sum of $36, 929. 00.   The application  remains pending for  the second year for
 which financial sources from federal funds have not yet been awarded.

 On December 18,  1969,  the Agency adopted a resolution with all members thereof concurring to the effect
 that the Agency may proceed to issue revenue bonds in the amount not to exceed 21/4 million dollars,
 and each  of the municipality members of the Agency adopted a resolution in support of  the Agency resolu-
 tion to issue revenue bonds in such amount.

 Specifically,  appellants contend (1) that chapter 28E,  Code of Iowa 1966, is  unconstitutional because the
 legislature  is without power to delegate to political subdivisions of the state the power to create a new quasi
 municipality for the  purpose  of exercising functions delegated by the legislature to it; (2) that chapter 28E
 is unconstitutional because it endeavors to delegate legislative power without providing  a suitable legisla-
 tive policy which  sufficiently defines and limits the powers granted; (3) that  the quasi municipality pur-
 ported to be created has  no power to issue general revenue bonds; that the bonds issued by the Agency, if
 valid, constitute general obligations of the participating political entities because  the "special-fund" doc-
 trine is not applicable for the reason that the  agreement provides the Agency has the power to collect feel
 as assessed from each of its members as payment for providing the  services of collection and disposal of
 waste; (4) that defendant  Polk County has no authority from the  legislature to participate in the operation
 of the defendant Agency;  and  (5) that the agreement creating  the Agency is contrary to public policy to the
 extent that it provides that the governing board of the  Agency will be comprised of an elected representa-
 tive of the governing body of  each participating governmental jurisdiction or his designated substitute.

          1.    Perhaps before discussing these contentions we should set out the provisions of the law
 in question.

 Chapter 28E entitled "Joint Exercise  of Governmental Powers" purports to authorize any political subdi-
 vision of  the State of Iowa and certain agencies of the  state or federal government to join together to perform
 certain public services and by agreement create a  separate  legal or  administrative entity to render that
 service.  Its worthy purpose  is  clearly expressed in  section 28E. 1. Section 28E. 2 provides definitions,
 and  section 28E. 3 purports to define the limitations upon the participants as follows:

        _ "28E. 3.  Joint exercise of  powers.   Any power or powers, privileges or authority exercised
 or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other
 public agency of this state having such power or powers,  privilege or authority, and jointly with any pub-
 lic agency of any other state  or  of the United States to the extent that laws of such other  state or of the
 United States permit such joint exercise or enjoyment.  Any agency of the state  government when acting
 jointly with any public agency may exercise and enjoy all of the powers, privileges and  authority conferred
by this chapter upon a public  agency. "

Sections 28E. 4 and 28E. 5 provide for the agreement and its  contents as follows:                  ,

          "28E. 4.  Agreement with other agencies.  Any public agency of this state  may enter into an
agreement with one or more  public or  private agencies for joint or cooperative action pursuant to the pro-
visions  of this chapter, including the creation of a  separate entity to carry out the purpose of the agreement.
Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies involved
 shall be necessary before any such agreement may enter into force.   (Emphasis supplied.)

-------
           "28E. 5.  Specifications.  Any such agreement shall specify the following:

           "1.  Its duration.

           "2.  The precise organization, composition and nature of any separate legal or administrative
 entity created thereby together with the powers delegated thereto, provided such entity may be legally cre-
 ated.
           "3.  Its purpose or purposes.

           "4.  The manner of financing the joint or cooperative undertaking and of establishing and maintain-
 ing a budget therefor.
           "5.  The permissible method or methods to be employed in accomplishing  the partial or complete
 termination of the agreement and for disposing of property upon such partial or complete termination.

           "6.  Any other necessary and proper matters. "

           II.    Although appellants contend,  the creation of a separate legal entity or public  body is solely
 a function of the legislature, we find no unconstitutional delegation  of legislative power involved in this law
 providing for the creation of the Des Moines Metropolitan Area Solid Waste Agency.  It is not the mere es-
 tablishment or creation of  such an agency or entity that causes trouble, but the functions to be performed by
 that agency in the legislative field which must be examined closely  to determine whether there has been an un-
 lawful delegation of legislative authority.  See Lausen v. Board of Supervisors, 204 Iowa 30,   214 N. W. 682;
 Ross v. Supervisors,  128 Iowa 427, 104 N.W. 506; State v. Rivera, 260 Iowa 320.  149 N. W.  2d 127.

 In Lausen,  in upholding the constitutionality of what is known as the "Bovine Tuberculosis Law",  this court
 stated at page 34 of 204 Iowa, page 685 of 214 N. W., "We think that the state has the power to select any   •
 reasonable means and methods it may choose, to establish these  (area-eradication) districts, so  long  as they
 are in the interest of public health; ****. "

 In this  connection it must also be noted that administrative agencies may be delegated certain legislative
 functions by the  legislature when properly guidelined, and that when this is done, the distinction between
 such agencies and public bodies,  corporate and politic,  which have  been delegated proper legislative functions,
 has largely disappeared.  Ordinarily the latter body is created by an act of the legislature and the former by
 an already-established public body with legislative authority.  However, the power and authority of each must
 be measured by  the legality of the delegation thereof.  If such power is derived from  the State Legislature, is ade-
 quately guidelined, and does not violate the separation-of-powers provision of the State Constitution set forth
 in Article III, Section  1, the exercise thereof should be  sustained.

 Thus,  our primary problem here is  whether the authority provided  in chapter 28E of  the 1966 Code and chapter
 236, Acts of the  Sixty-third General Assembly, constitutes a lawful delegation  of legislative power.

          III.   Regularly-enacted statues are presumed to be constitutional,  and courts  exercise the power
 to declare such legislation  unconstitutional with great caution.  It is only when  such conclusion is unavoidable
 that we do so.  Lee Enterprises, Inc.  v. Iowa State Tax Comm..  Iowa, 162 N.W.Zd 730; State v. Rivera,
 supra,  260  Iowa  320,  149 N.W.  2d 127; Cook v. Hannah, 230 Iowa 249, 297 N; W. 262.  Also  see  Farrell v.
 State  Board of Regents, decided September 2,  1970.

 Thus,  while the  provisions of Section 28E of the 1966 Code leave much to be desired as to the extent of the authority
 granted to such a newly-created entity, the presumption of constitutionality operates  strongly in its favor.

 It is also well to remember that our function is not to pass upon the feasibility  or wisdom of such legislation, but
 only to determine whether the power here exercised exceeds that which the legislature could or did delegate
 to the newly-created entity.  Green v. City of Mt.  Pleasant, 256 Iowa  1184. 131 N.W. 2d 5, and authorities
 cited.

 In this regard it  is also well to note  the importance of the expressed or recognized  purpose or policy to be  '
 achieved by the legislation.   Generally, when  the legislature has adequately stated the object  and  purpose  of the
 legislation and laid down reasonably-clear guidelines in its application, it may then delegate to a  properly-created
 entity the authority to exercise such legislative power as is necessary to carry into effect that general legisla-
 tive purpose. See Schmidt v. Department of Resource Development, Wis.,  158 N.W. Zd 306, 313; Chicago tc
 North Western Ry. Co. v.  Public Service Comm.,  Wis., 169 N.W. 2d 65, 69; 1 Davis, Administrative Law Treatise,
 pp. 75-76, sec.  2.01.

The purpose of this legislation, as recognized in chapter 28E, is to provide a solution to the growing problems of
 local government including  the problem of collection and disposal of solid wastes by public bodies and to cooperate
with the Office of Solid Waste of the  United States Department of Health, Education  and Welfare to accomplish that
 purpose by joint  efforts.  We further observe that this purpose may soon be made a legal requirement  for all com-
munities throughout the entire land under federal law.  We  are satisfied that this is health and general welfare
legislation and that'the legislative policy and purpose for chapter 28E  is sufficiently stated. It amounts to this,  that
public agencies or governmental units may cooperate together to do anything jointly that they  could do individually.

-------
True, if chapter 28E is examined without reference to the powers granted the various governmental unit* by
other legislation, the factors constituting sufficient guidelines might well be said to be insufficient.  But this
legislation must be interpreted with reference to the power or powers which the contracting governmental units
already have.  The pre-existing powers contain their own guidelines. The legal creation of a new body cor-
porate  and politic to jointly exercise and perform the powers and responsibilities of the cooperating govern-
mental unit would not be unconstitutional so long as the new body politic is doing only what its cooperating mem-
bers already have  the power to do.  This would be true under the above-recognized general rule that a statute
is presumed to be  constitutional until shown otherwise beyond a reasonable doubt.

Chapter 28E does not attempt to delineate the various governmental or proprietary functions  which the individual
governmental units may be implementing.  While  such a broad approach may be unwise,  as appellants argue,
it is not unconstitutional so long as the cooperating units  are not exercising powers they do not already have.

With this in mind,  it appears that chapter 28E supplies sufficient guidelines for the purposes necessary to the
chapter.   That is, the units are authorized to handle what might be called the mechanical details of implement-
ing the joint project either by the creation of a separate entity or by using a joint administrator or board for
the purpose of implementing the agreement reached. The agreement itself, of whatever  nature, must have its
specific contents delineated in section 28E. 5 and specifically prohibits governmental units being involved in
the new entity, except insofar as the new entity is in fact performing the same responsibilities as the units
involved.

Thus, when the entire chapter is examined, it would appear that the delegations  of power  to the governmental
units made by the legislature in chapter 28E are  constitutional.

           IV.   Appellees rely heavily on chapter 236,  Acts of the 63rd General Assembly, to sustain the validity
of their contract and the Agency's power to issue bonds and pay for them with special funds obtained by service-
user assessments.  The legislature did not give the Agency, when created, the carte blanche  authority to collect
and use funds as it might "legislatively" determine. The use of the special funds to be obtained by assessments
is prescribed,  and the law specifically states the obligation to collect these funds to pay off the bonds is not to be
construed to create a debt of the member.  We have often recognized and embraced the special-fund doctrine and
given it a liberal construction.  Green v. City of Mt. Pleasant, supra, 256 Iowa 1184,  131 N. W. 2d5; Wickey v.
Muscatine County,  242 Iowa 272, 46 N.W. 2d 32; Interstate Power Co. v. McGregor, 230  Iowa 42, 296 N. W. 770;
Iowa Hotel Aesn. v. State Board of Regents,  253 Iowa 870, 114 N.W. 2d 539: Brack v. Mossman, Iowa, 170 N.W.
2d 416; Farrell v.  State Board of Regents,  decided September 2, 1970.  We believe the "special-fund" concept
is applicable here.

Since the contract cannot be sustained if chapter 236 is  unconstitutional, we next direct our attention to its
language and provisions.  The delegation of power granted in chapter 236,  Acts of the 63rd General Assembly,
First Session,  is specific as to the  power to  tax, borrow money, and issue revenue bonds. It provides in section
3 as follows:

           "Sec.  3.  Revenue bonds. An entity created to carry out an agreement authorizing the joint exercise of
those governmental powers enumerated in section three hundred ninety-four point one (394.1) of the Code shall
have  power to construct, acquire, repair, improve, expand,  operate and maintain a project or projects necessary
to carry out the purposes of such agreement,  and to issue from time to time revenue bonds payable from  the
revenues  derived from such project or projects,  or any combination of such projects, to finance the cost or part
of the cost of the acquisition, construction,  reconstruction,  repair,  extension or improvement of such project or
projects,  including the acquisition for the purposes of such agreement, of any property, real or personal or mixed
therefor.   The power of the entity to issue revenue bonds shall not be exercised until authorized by resolution or
ordinance  duly adopted by each of the  public agencies participating in such agreement.  Public agencies partici-
pating in such an agreement may not withdraw or in any way terminate, amend, or modify in  any manner to the
detriment  of the  bondholders said agreement if revenue bonds or obligations issued in anticipation of the issuance
of said  revenue bonds have been issued and are then outstanding and unpaid as provided for herein.   Any revenue
bonds for the payment and discharge of which, upon maturity  or upon redemption prior to  maturity,  provision has
been made through the  setting apart in a reserve fund or special  trust account created pursuant to this chapter to
insure the payment thereof, of moneys sufficient for that purpose or through the irrevocable segregation for that
purpose in a sinking fund or other fund or trust account of moneys sufficient therefor, shall be deemed to be no
longer outstanding  and unpaid within the meaning of any provision of this chapter. "  (Emphasis supplied.)

Appellants argue that the rationale and basis  of the special-fund doctrine are violated by chapter 236, Acts of the
63rd General Assembly, because the statute provides that the governmental units which are to supply the income
to the bond-issuing authority, directly or by charges against its citizens, may not withdraw from the project while A
bonds are outstanding and unpaid or unprovided for. Thus, they say, while the general credit of the participating
units i* exempted in one section,  it is firmly pledged in another section.  We do not agree.

-------
 Appellee! maintain that under this legislation (hi: public body's  credit is nut on (he line,  but concede that it may
 be legally obligated to collect for the services furnished its citizens under the agreement it has approved.  We
 agree as we view it, under the submitted contract. Exhibit A,  the municipality only agrees to collect revenues
 (or services rendered its citizens until the bonds are paid off, and commits its property owners to use these
 services and pay those revenues for a prescribed period.  In other words,  under its contract the municipality
 cannot withdraw from  its agreement and buy garbage disposal services from any other party until the revenues
 collected by the  city from users therein are  sufficient to pay off the existing revenue bonds .   In fact, looking at the
 substance rather than  mere form, the so-called taxes are really collections of revenues for  services rendered and
 to be rendered over a  definite period as disclosed by the revenue bonds.

 As pointed out by appellees,  the statutory scheme here employed does not violate the delegation-of-powers
 theory because it concerns itself only with bonding procedures which come under the special-fund doctrine,
 and contemplates that  the general credit of the political subdivision is not being pledged.  The purpose  of the
 requirements holding the units in the project until the bonds are retired is to avoid acts which would destroy
 the source of revenue necessary to liquidate the authorized bonds,  and nothing else.   Without that provision
 the revenue bonds would not be merchantable.

 There is no merit in appellants' contention that this legislation  might  permit a participating agency to withdraw
 from the project and not use the services, in which case the public body must pay its part of the obligation con-
 sisting of the bonds'  principal and interest,  that such would then become a general obligation of the city or town,
 and,  in fact, result in a  general tax on its property owners,  rather than a special tax for a special service.

 The short answer to  this contention is that once the municipality has consented to the revenue bond issue,  it
 may not withdraw from the use of the service thereof until that  obligation is no longer outstanding. This is
 not a commitment to pay for services not used. Available legal remedies such as mandamus or specific per-
 formance actions might be available to  secure  performance of the member,  but in any event  this would not
 necessarily result in the assumption of a financial  obligation by the municipality and call for a general  obligation
 tax.  As long as  the participating member ma> legally pass on the assessments for special service to the pro-
 perty owners,  or assess the resident users of the service for this special service, there would be no direct
 tax required and no violation of the provisions  of Article XI, Section 3, of the Iowa Constitution.

 Appellants, however, argue this is not  truly a  special service or special-fund provision,  because  in such cases a
 property owner can reject the service without paying the assessment.   We cannot agree that  actual use  is an
 obligation requirement.  If the service  involves the public health and welfare, as it does here, such a rejection
 would not relieve the property owner  from the  obligation to pay for such available service.  See Young  v. City
 of Ann Arbor,  267 Mich. 241, 255 N. W. 579, cited with approval by us in Interstate Power Co. v. McGregor,
 supra, 230 Iowa  42,  57,  296 N. W. 770,  777.  That case also involved revenue bonds for special services, i.e.
 sewage disposal  services-  and the court there  held that a special fund established for the service was permis-
 sible  and did not constitute a general obligation against the city.

 In the instant case, as in Interstate Power Co. v.  McGregor, supra, compulsory exercise of the taxing power
 as a means of enforcing liability is expressly withheld, and the  bond itself so notifies its holder.  No property
 presently owned  by the member could ever be called upon to  pay for the new improvement.  To constitute a debt
 against the member or town there must be an obligation which it must meet with its funds or  property.   In the
 case  at bar the limited taxing power granted may only be used to collect fees for services  rendered by  the new
 entity and is not  used to enforce general liability  of the city for  bonds.  Thus, the member municipality under this
 legislation is only acting as a media for collecting fees for services rendered under the contract approved and
 entered into by its officers.  As said by the  Michigan court of similar bonds in Young v.  City of Ann Arbor,  Supra,
 267 Mich. 241, 253,  255 N.W.  579,  584:

           "Such  bonds are not payable by the city.  It does not assume and agree to pay them.  It can levy no tax upon •
 the people for their payment.  They are exactly what they purport to be, self-liquidating revenue bonds, and the
 purchaser thereof can  have recourse for their payment only to the revenues to be derived from the operation of the sewage;
 disposal plant. "

 Such revenue bonds cast no additional burdens upon the taxpayers of the municipalities.   The property owners are
 furnished necessary services and are under only  an obligation to pay for them as the legislature directed and the >
 municipality procured.  The participating units simply cannot withdraw and destroy the source of revenue once the
 bonds are issued.  We are satisfied that the fact that charges for services rendered to the property owners shall be
 collected in the same manner as taxes does  not destroy this fund's identity as a separate fund.

          V.    Section 3 of chapter 236 provides that only revenue bonds may be issued by the Agency  and no
 authority is delegated to levy a general  tax to provide for their payment.  It is clear  that the  contemplated source
 of payment of this obligation is the revenue to be obtained from  services rendered to the  property  owners of the
 members of the Agency.  Thus,  when bonds are issued with the approval of each member,  there could be no with-
 drawal which would adversely affect the source of this necessary revenue.   By unanimous approval of the bond issue
by the members of the  Agency this revenue is made secure, for then each member agrees  to accept this service for it*
 property holders and collect from them sufficient amounts to pay the Agency's assessments for  that service.  As we in-
terpret this agreement, the members agree not to pay for that service themselves, but to collect for it from actual
users in  their respective areas and,  when bonds are properly issued,  the law creates a lien upon those  revenue*

-------
derived from the operation of that project.  That this may be constitutionally done, sec Young v. City of
Ann Arbor, supra,  267 Mich. 241, 254, 255 N. W.  579,584, and authorities cited therein; Faulkner v.  City
of Seattle, 19 Wash. 320, 53 P. 365; Dillon, Municipal Corporations, 5th Ed., sec. 198, on Obligation*
Payable only from a Special Fund.

The law itself provides that the participating public agencies may not withdraw from the agreement or pro-
ject as long as the revenue bond obligation so incurred is outstanding.  The meaning of "outstanding" is well
spelled out so as to prevent dtriment to the bondholders by a diminishment of that revenue source.

In order to establish and maintain sufficient revenue to meet its obligations,  including that of maintaining
an adequate bond fund to  pay outstanding principal and interest, it appears the Agency is given the power to
fix rates and charges for the contracted facilities and  services and to assess these amounts to the participa-
ting public bodies, who shall then pass those costs  on  to those served within their boundaries in any manner
that is legal.  As  clearly indicative of this special-fund intent,  the legislature also provided  that such par-
ticipating bodies may secure the funds to pay their  assessments to the entity by enacting ordinances fixing,
establishing,  and maintaining adequate rates for the individual's use of such services,  and further provided
they may make the obligation one of the property owner and collect those charges so made as general taxes
when overdue.

Section 5  of this Act provides as follows:

           "Sec. 5.  Source of payment:  rate and charges,  pledge of revenues. Such an entity shall have the
power to pledge all  or  part of the net revenues of a project or  projects to  the payment of the  principal of and in-
terest on the bonds  issued pursuant to this chapter  and shall provide by  resolution authorizing the issuance of
said bonds that such net revenues  of the project or  projects shall be  set apart in a sinking fund for that purpose
and kept separate and distinct from all other revenues of the entity.  The  principal of and interest on the bond*
so issued shall be secured by t pledge of such  net revenues of the project or projects in the manner and to
the extent provided  in the resolution authorizing the issuance of said bonds.

"Such an entity shall have the power to fix,  establish and maintain such  rates, tolls, fees,  rentals or other
charges and collect the same from the public agencies participating in the agreement or from private agencies
or persons for the payment of the services and facilities provided by said project or projects. Such rates,
tolls, fees, rentals  or other  charges shall be so fixed, established and maintained and revised from time to
time whenever necessary as will always provide revenues sufficient to pay the cost of maintaining, repairing
and operating the. project or projects,  to pay the principal of and interest  of the bonds then outstanding which
are payable therefrom as the same become due and payable, to provide  adequate and sufficient reserves there-
for, to provide for replacements,  depreciations and necessary extensions and enlargements  and to provide a
margin of safety for the making of such payments and  providing such reserves.  Notwithstanding the foregoing
such an entity shall have  the further right to pledge to the payment of the bonds issued pursuant to this chapter,
in addition to  the net revenues  of the project or projects pledged therefor,  such other moneys that it may have
and which are lawfully available therefor.

"In order to pay the rates,  tool3, fees, rentals or other charges levied  against a  public agency by an entity for  the
payment of the services and facilities provided by a project or projects  authorized by this chapter, public agencies
participating in such an agreement shall  have  the power by ordinance to fix, establish and maintain, rates or
other charges for the use of and the services and facilities rendered by said project or projects.  Such rates
or charges may be so fixed, established and maintained and revised from time to time whenever necessary as
will always provide  such  public agencies with sufficient revenue to pay the rates,  tolls, fees, rentals or other
charges levied against it  by thu entity for the payments of the services and facilities provided by said project or
projects.   All such rates or chnrges to be paid by the owners of real property, if not paid as by the ordinance pro-
vided, when due,  shall constitute a lien upon such real property served by such project or projects, and shall be
collected in the  same manner as general taxes." (Emphasis supplied.)

Although this method of collecting revenue for  the special fund is specifically authorized, appellees argue that any
legal method of passing on the cost of this special service assessment to the actual user ia acceptable and that no
general obligation of the member public agency is contemplated or permitted.

We are satisfied the indebtedness permitted here falls squarely within the special-fund doctrine, and that the
power to issue revenue bonds payable only from special funds which are solely derived by charges made of the
users of the services provided by the Agency,  is not an obligation of the members of the Agency to pay money
therefor from general revenue  sources.

When the whole statute is considered, we  believe the legislature intended the charges made by the Agency were not
to become  general obligations of the participating members, but that the participating bodies were only to act ad-
ministratively in passing on the costs of the services contracted for to those who may use them.
                                                                    <3
7

-------
Constitutional debt limitation (chapter 236,  lection 3) allow* the new entity created by agreement between the
cooperating governmental units to issue revenue bond* to finance the- joint project.  Since those bond* must be
authorized by the joint resolution of the governing body of each cooperating unit,  are  to be solely financed from
the net revenues of the project,  and are specifically not to be in any respect a general obligation of any of the
participating governmental units, we believe the legislation  is well within the rationale of Interstate Power Co.
v. McGregor, supra, 230 Iowa 42,  296 N. W.  770,  which sets forth what is called the special-fund doctrine.  Al-
so see Iowa Southcran Utilities Co. v. Cassill (8 Cir.),  69  F. 2d 703; Green v.  City of Mt. Pleasant, supra,
256 Iowa 1184, 131  N. W.  2d 5; Chitwood v. Lannjng,  218 Iowa  1256, 257 N. W. 345;  Wyatt v.  Town of Manning,
217 Iowa 929, 250 N. W.  141; Hubbell v. Herring, 216 Iowa 728, 249 N. W. 430; Iowa Hotel Assn. v. State Board of
Regents, supra. 253 Iowa 870, 114 N.W. 2d 539; Brack v.  Mossman supra, Iowa, 170 N.W.  2d  416.  Also see
Baker v. Carter, 165 Okla. 116.25 P. 2d 747,  and Sheldon v. Grand River Dam Authority, 182 Okla. 24, 76 P. 2d 355.

In Sheldon v. Grand River Dam Authority, supra, the court  rejected the contention that the special-fund doctrine
was not applicable for the reason that the Act pledges the revenues indirectly on the  theory that the State would be
coerced into stepping in if and when the  project should fail and resort to taxation to save the investment, and it
stated, "If in fact there is an indirect or contingent pledge of the revenues of the  state, the doctrine is not appro-
priate, but the coercion anticipated ****is based upon mere speculation and the resort to taxation is not indirectly
or contingently contemplated by the act. "

We  are satisfied this power granted herein is only a limited power delegated to collect fees for  services rendered
to citizens  by the new entity, not general taxing power for any limited amount for general purposes.  So construed,
in reality the city acts only  as a conduit, collecting for the new entity fees for services rendered to citizens, and
no more.  General taxing power or credits of the city are not pledged.  In fact,  the municipality is little more than
a collection agent of fees paid for these  services.

Referring again to the special-fund doctrine, we find this in 15  McQuillin, Municipal Corporations, sec.  41.31,
pages 364-365:

"* • ^However, the doctrine does not permit a municipality to incur unlimited obligations merely because it can tap
revenues derived from sources other than ad valorem taxation.  While it is true there are many  cases in which,
notwithstanding the  creation of a special fund for the  payment of the claim, the courts have held contracts void as
in excess of the debt limit; yet such holdings are largely based upon the fact that, notwithstanding such special fund,
the contracts have been so framed as to provide also for general liability, upon the part of the municipality.***"
This is not the case here.

          VI.   Appellants also argue the above plan violates Article XI,  Section 3,  of the Iowa Constitution, which
limits the amount of indebtedness a public body may incur.   The correlation between the amount of indebtedness
and the value of taxable  property is not shown, so this ground for attack on constitutionality is not proved.

          VII.  In summary of these general obligation contentions, then, we hold (1) that the legislation permitting
the creation of this entity and its creation by the  defendant members was legal and proper; (2) that the powers con-
ferred upon it when created were limited powers delegated to it by the legislature and were properly guidelined;
(3) that the  assessments made under the contract were to establish a special-use fund, wero  to be collected for special
services to property owners and users of the member public agencies,  and did not become a general obligation of
the member agencies, who could withdraw at any time unless all had approved a bond issue,  in which case none
could withdraw so long as that obligation was outstanding; (4) that the municipality, in fact, only  acted in an ad-
ministrative capacity to provide the  service to their property owners and collect from them for the special service
rendered by the Agency; (5)  that these assessments made by the created entity never could become a general  obli-
gation of the member agency under the law and, therefore,  could not violate Article XI, Section 3, of the Iowa Con-
stitution.

          VIII. Appellants next contend the trial court erred in holding that, although the county did not have
authority to participate in the collection part of the services being  furnished by the Agency, it could be a member
of the Agency and a  party to the contract, with assessments  being made against it for that portion of the  costs in-
curred by disposal of solid waste.   The trial court reasoned that, since the law gives counties only the power to
provide for a dump or sanitary land fill, and specifies the means of financing such facility by  a levy of a tax not
to exceed one-fourth mill on property in unincorporated  areas of the townships  served by the disposal  ground*,
and no power is conferred to provide its residents with a collection service or to pay for it. Polk County is power-
less to participate in or to charge its residents fees assessed for collection services provided by the Agency.  The
trial court held:
          "***Public agencies or political subdivisions of the state can exercise jointly only those  powers,  granted
by the legislature, that they can exsrcise individually.  The  power to provide collection of solid waste to their
residents has not been granted to counties in Iowa.  That power cannot be  inferred from the authority granted to
provide disposal areas.   Polk  County can avail itself therefore  only of the disposal services provided by the agency
and is limited as to  fees charged for disposal  services to the one-fourth mill levy comprising the township dump
fund referred to in Sections  332. 32  and  332. 33 Code of Iowa  1966.  The fact that authority is given  the agency to issue
revenue bonds by Senate File 482,  Acts of the  63rd General Assembly,  does not prevent Polk  County from being a
member of  the agency or from participating in the services provided by the agency to the extent that the  said county
is authorized by the legislature to provide those services to  its  residents. "

-------
 We have serious doubts that under the power and authority specifically delegated to counties they could become
 a participating member in the Agency or, by ordinance or resolution, approve a proposed bond issue to raise
 revenue for collection and disposal costs as the law stood prior to the enactment of Senate File 1232,  Acts of
 the 63rd General Assembly, Second Session.  The county here did not possess like power or authority in this
 field of public service with other participating municipal bodies.  Although we could find no fault with the as-
 sumed obligation of the county to collect part  of the cost  of special services from the property owners,  there is
 nothing in these  legislative provisions to indicate  that counties may participate if their power and authority is
 restricted and does not conform to that of the other public bodies, parties to the agreement.  In view of the fact
 that the law now amended permits counties  to fully participate in  the activities of such agencies and, like muni-
 cipalities, collect from its property owners for the special services rendered, it would seem necessary for the
 county here to rejoin the Agency and approve  the revenue bond proposal.

           IX.    Appellants further contend  that the agreement creating the Agency is contrary to public policy
 to the extent that it permits elected officials of the member municipalities  to serve on the governing board of the
 Agency.  They argue that the integrity of representative  government demands that the administrative official*
 should be able to exercise their judgment free from the objectionable pressure of conflicting interests.  We agree
 with that proposition, but do not believe it appears here that these members of the Agency board are in  such  a
 position.  It is conceded that here there is nothing to indicate a personal pecuniary interest of those representa-
 tives is involved such as appears in Wilson v.  Iowa City, Iowa, 165 N.W. 2d 813,820.

 Although the members of the board understandably will want to keep the rates their constituents must pay as  low
 as possible, they are well aware that rates must be maintained sufficient to meet the Agency's cost for  such  ser-
 vices.  This is not such a conflict of interest  as to be contrary to public  policy or fatal to the agreement.

 In passing on this question the trial court said,  "Inasmuch as each representative is on the board primarily to
 serve as spokesman for the particular municipality or political subdivision he represents, (it could)*** see no
 conflict of interest such as would likely affect his individual judgment by virtue of his status as an elected official."
 It pointed out no compensation is provided for such service and the representative serves at the pleasure of his
 muncipality or political subdivision.  We agree with the trial court.

 In the recent  case  of Wilson v. Iowa City, supra,  we discussed the issue of conflict of interest and held, where it
 appeared the  official had a personal interest,  either actual or implied, he would be disqualified to vote on a muni-
 cipal project  - in that case, urban renewal.  No such  interest would appear in connection with this project unless
 some litigation would occur between the municipality he represents and the Agency,  in which event the contract
 itself provides for arbitration procedures.  We conclude  there is  no merit in this assignment.

          X.     Having found no reversible  error in the trial court's judgment except as to the participation of
 the connty in  the project prior to the enactment of Senate File 1232,  Acts of the 63rd General Assembly, Second
 Session, which objection has now been resolved, we affirm its decision holding both chapter 28E of the 1966 Code
 and chapter 236, Acts of the 63rd General Assembly,  are constitutional and that the contract entered into pursuant
 thereto, except as to county participation thereunder, is valid.

                                         MODIFIED AND AFFIRMED

 All Justices concur except Becker and LeGrand,  who dissent.

                                             Dissenting Opinion

 BECKER, J.
          I respectfully dissent.
          I concur in Divisions I and II.

          I.     It would be much easier and personally more satisfactory to  simply concur in the carefully docu-
 mented opinion.  The need for a cooperative solid waste agency for the metropolitan district of Des Moines is apparent
 and acute.  All of us are keenly aware of such needs.  But this need  cannot allow the governmental units to assume
 unconstitutional  authority in solving immediate problems. The dilemma  thrust upon us by practical considerations
 is not new. Robert H. Bowmar, The Anachronism Called Debt Limitation, 52 Iowa L. Rev. 863, 890 states:

          "***In many cases, perhaps, the judges confronted by these devices consiously disregarded a clear
 constitutional mandate, because the affected governmental unit's needs were made known  to the bench too clearly.
 Such needs would go unfulfilled without judicial approval of the particular plan, or one with like intent.  Some have
 claimed that present-day  confusion and multiplicity of devices could have been, and still can be avoided  by a  strict
 constitutional interpretation which would void  the arrangements,  and thus rightly thrust upon the voters  the obli-
 gation to alter their constitutions or go without their improvements.  Perhaps, but amending constitutions is  not a
 political task  of which to speak lightly.  Within the framework of devices we now have,  generalization seems im-
 possible.  But notwithstanding a posited community need  for certain improvements, with the possible exception of
well-regulated self-liquidating device*, it is submitted that, in the fact of debt limiting provisions,  the means
utilized to satisfy such need are noi justifiable.  They are not consistent  with the avowed purpose of the  restrictions

-------
 • • originally enacted.  Each of the considered device* ia a barely-disguised technique fur debt-ceiling avoidance and
 provide a a vehicle for the posaibly irresponsible impoaition of excessive tax burdens upon a unit's property owner*.
 We might simply leave.this phase of the discussion with this understatement:   'A rapidly growing volume of court
 cases offers a bewildering array of judicial rulings on the concepts and issues involved in these various  approaches
 to the avoidance of debt restrictions. '"  (Emphasis supplied.)

           II.    The first area nf disagreement found is the purpose and effect of the statutes being construed.  The
 device used here is described by Bowmar's article,  supra,  at 52 Iowa L. Rev. 863,884:  "The device which is of
 major importance today, due to the apparent resurgence of its  application,  is the so-called public authority."  In
 commenting on the validity of the device Bowmar,  with strong authority  in support has this to say:

           "***More basically, among the  commentators there  is a consensus that no justification exists for the
 exemption from debt limits which the public authority device enjoys.  The exemption is of no avail where the authority
 might be found to be merely an agency of the state, thereby subjecting the state itself to scrutiny under an applicable
 constitutional provision. ***. 52 Iowa L. Rev.  888,889.

 Since chapter 28E does not concern itself with debt limitation it is constitutional on the basis that it merely authori-
 zes the component units to do jointly what  they already had the  power to  do individually.   But it must be remembered
 that the authorization is not merely for creation of a solid fill waste agency.  The powers conferred cover road building,
 (op. Atty, Gen.  June 29, 1966) and all other legitimate governmental activities such as public transportation systems,
 sewer systems, water systems,  police and fire protection,  et cetera.

           III.    The constitutionality of chapter 236,  Acts  of the 63rd General Assembly,  is an entirely  different
 matter.  It involves the special fund doctrine which in turn is based on existing independent revenue.  Once the
 special fund doctrine is accepted as a constitutionally permissible device for avoiding constitutional debt limitations under
 certain circumstances, the  question becomes one of degree.  Does the specific implementing legislation go so far as
 to evade or ignore the  debt limitations?  Or does it present an  acceptable device that can be said to fall outside  the
 constitutional strictures and can  thus legitimate'y be said to only avoid them?  This is the real question  here.

 The public agencies in this case, like the Board of Regents in Farrell v. Board of Regents, decided September 2, 1970,
 seek to extend the special fund doctrine beyond constitutional limits.  The doctrine allows governmental  agencies
 to incur indebtedness based on anticipated  revenue from nontax sources.  In approving such action in  Interstate  Power
 Co. v.  Town of McGregor,  (1942) 230 Iowa 42,  57, 296 N.W. 770,  we quoted Young v. City of Ann Arbor, 267 Mich.
 255.255 N.W..579, 584:

           "Such bonds are  not payable by the City.  It docs not assume and  agree to pay them.  It can levy no tax
 upon the people for their payment.  They are exactly what they purport to be,  self-liquidating revenue bonds,  and the
 purchaser thereof can have  recourse  for their  payment only to  the revenues to be derived from the operation of the
 sewage disposal plant.1"

 Interstate Power Co.  v. Town of McGregor and Young v. City of Ann Arbor are different from the case at bar be-
 cause neither case allows the city to collect fees from property owners in the same manner as taxes are collected.
 Couple such a provision with the  prohibition against withdrawal of an agency from the project after,,the bonds are
 sold and the  credit of the municipality's  taxpayer is in fact pledged to payment of the bonds.  These provisions
 pledge the taxable real property of the taxing district  to the payment of the bonds in a fashion that goes far beyond
 anything heretofore approved by this court. The credit of the city and county ia on the line; otherwise it would
 not be necessary to hold them in  the contract for the bondholder's protection.

          IV.   All of this  stems from failure  of the  legislature to supply sufficient guidelines in chapter 236.
 The distinction  between revenue from a.governmental function which must be performed even if it takes the
 power of taxation to supply the money and a governmental function that can be abandoned without resort to taxing
 power (or its equivalent) is not made.  It is one thing  to build an electric plant to replace a private utility,  or  build
 a parking lot, an auditorium, a stadium, or the like, any of which can be abandoned if the project doesn't pay, off.
 It is quite another thing to organize an independent entity to furnish services which the citizens .must accept and
 pay for on pain  of loss of property through taxation and.call these payments  "revenue" which goes into a  special
 fund.

 To me at least the distinction is this.  Where the service is to be rendered by the taxing unit to .substantially all of
 the people and is considered so important that its financing must be implemented by involuntary payments by the tax-
 payers in the form of taxation, tajr  liens, or equivalent (collected like taxes),  the revenue derived from the fur-
 nishing of such  service is government revenue  which will not give rise to the special fund theory. Where the
 service to be performed by the taxing unit  is such that it may be accepted or rejected by the people and is not
 so important as to necessarily invoke the tax collection powers (or equivalent), then the  income derived from
 such service is independent  revenue which  may quality for the special fund doctrine.  The fact the fees may be
 assessed and collected as taxes takes this  case far beyond the holding in  Farrell  v. Board of Regents, decided
September 2,  1970.  What is said in Farrell is not authority for what  the action approved here.

-------
As I read this statute and the majority opinion,  the legislation presently considered is broad enough to allow
county and city units to create a {ire protection agency to service all citizens within the geographical boun-
daries of the new unit.  Fees could be allocated to the private property  protected and the fees could be collect-
ed like taxes.  The new unit could issue bonds predicated on  the expectation of such fees.  The whole  scheme
would be legal and would not count as to debt limitations imposed on the participating units.  All of this can  be
done without the  referendum process  traditionally required for bond issues.  This would appear to be  an un-
acceptable evasion of the Iowa constitutional debt limitations. If this  seems farfetched see City of LaHabra
v. Pellerin. 216 Cal. Reptr. 752 (4th Dist.. 1963).

The breadth of chapter 236 and the  modus operand! urged by defendants in this  case leave us in the position
that all governmental functions may be funded by creation of separate units backed by fees and charges "to
be collected in the same manner at taxes".  This effectively  bypasses the Iowa constitutional prohibitions
in the same manner as if they were not written into the constitution in  the first place.

This point is made by Bowmar:

          "The  revenue bonds are, by definition, evidences of obligations created for self-liquidating pro-
jects.  In its purest form,  the special fund theory which underlies revenue bond financing clearly lies with-
out the limits of  the constitutional provisions.  The governmental unit is merely acting as the conduit  through
which payments pass to the bondholder; there is no danger that the general taxpayer will be burdened with
increased taxes to cover the expenses of improvements meant to benefit a consuming subclass of taxpayers.
So long as the limitations upor its use are  applied with rigor,  there appears little room for questioning a tech-
nique requring payment for use according to degree of use.  A key factor would seem to be the degree  of
voluntariness associated with the project; are the users voluntarily assessed?  If not, the situation  is hardly
distinguishable from that considered earlier under the special districting technique where excessive burdens
are placed on certain taxpayers. ***

          "Once a court has decided that we are not talking about a debt of the  governmenta: unit in the
constitutional sens,  then we are not within the letter of the  provision and all of the  problems generated by
circumvention would follow; the court pierces the veil covering the city's true role and recognizes the  rate
payers as the actual  debtors.  One is left with some misgivings at this point.  If the "improvement" is in
the nature of a public utility,  so that all the taxpayers are also all the rate-payers, saying that the rate-
payers are the actual debtors hardly distinguishes the situation from one where it is the unit's debt.  Because
the unit's debts  are, a fortiori,  those of its general taxpayers, it would appear that this would constitute a mis-
use of an otherwise justifiable approach to handling improvement needs, leading to 'debts' beyond the  allowable
limits."  52 Iowa L.  Rev. 879, 880. (Emphasis Supplied).

This factor would seem to distinguish the instant case from all other Iowa cases.  The involuntary require-
ments that the governmental unit remain in the scheme and the involuntary nature of imposition and collection
of fees is fatal.   "Fees" as used here is little more  than a euphemism for "taxes".

It  seems to me the above distinctions  must be recognized in this case or sometime in the near future.  The .
task of "spelling out" such distinctions is essentially legislative.  But this task has not been performed in
Chapter 236.  Put differently there  is no understandable guideline as to what source the funds may have in order
to qualify as "revenue" within the "special fund" doctrine.  Therefore there is an unconstitutional delegation
of power in chapter 236.

          V.    One additional protest should be added.  The  plan devised under chapter 28E and chapter 236
allows all of the  agencies to do collectively what they cannot do individually.  That is.  it allows substantial bond
obligations to be  created without a referendum as required by statute.  Cf. Iowa Code,  1966,  chapter 75,  and
sections 345. 1,  407. 3, 407. 5.  This is  a very long step not heretofore authorized by the Iowa legislature or
approved by this  court.  Again, this is done without  guidelines.

          I would reverse.
          LeGrand, J., joins in this dissent.

-------
                                        PERSONNEL

                                  RULES AND REGULATIONS

                                           FOR

                               SOLID WASTE COLLECTION AND

                                   DISPOSAL EMPLOYEES

                                         OF THE

                              DES MOINES METROPOLITAN AREA

                                   SOLID WASTE AGENCY


                                     JANUARY 1, 1972
                                     Approved by the

                    Agency Board of the Des Molnes Metropolitan Area

                                   Solid Waste Agency


                                    JANUARY 19, 1972




                                    TABLE OF CONTENTS

LETTER TO EMPLOYEES

PREFACE TO RULES AND REGULATIONS
                                                                         PAGE
0.00 GENERAL PROVISIOUS                                                   3

          0.01 Purpose                                                    3
          0.02 Application of State Statutes                              3
          0.03 Administration                                             3
          0.04 Definitions                                                3

1.00 CONDITIONS OF WORK                                                   5

          1.01 Employment with Agency                                     5.
          1.03 Employee Assignments                                       8
          1.04 Normal Work Week and Hours of Service                     10
          1.05 Cold Weather Policy                                       11
          1.06 Holidays                                                  11
          1.07 Vacation Leave                                            12
          1.08 Sick Leave                                                13
          1.09 Emergency Leaves                                          14
          1.10 Educational Leave                                         16
          1.11 Other Leave of Absence                                    17
          1.12 Absence without Leave                                     17
          1.13 Accrual of Fringe Benefits during Absence                 17
          1.14 Paydays                                                   17
          1.15 Other General Information                                 17
          1.16 Work Clothes                                              18
          1.17 Change of Address                                         18

2.00 PAY PLAN AND COMPENSATION POLICIES
          2.01 Establishment of Plan                                     18
          2.02 Deductions                                                18
          2.03 Pay Plan Administration                                   19
          2.04 Longevity Pay                                             20
          2.06 Salary Schedule                                           20
          2.07 Seniority                                                 21
          2.09 Employee Suggestion System                                22
          2.10 Roster Card &.Employee Records                            22
          2.11 Accident, Health & Insurance Program                      22*-
          2.12 Retirement System                                         23

-------
                                                                         Page

3.00 EMPLOYEE CONDUCT                                                    23

          3.01 General                                                   23
          3.02 Warning and Reprimand                                     23
          3.03 Suspension                                                23
          3.04 Dismissal                                                 24
          3.05 Cause for Action                                          24
          3.06 Resignation                                               25
          3.07 Layoff                                                    26
          3.08 Appeals and Hearings                                      26
          3.09 Incompatible Activities                                   27
          3.10 Political Activity                                        28

4.00 PUBLIC RELATIONS                                                    28

          4.01 Courtesy to the Public                                    28
          4.02 Contacting the Public                        •             28
          4.03 Unauthorized Services                                     29

5.00 COLLECTION OPERATIONS                                               29
          5.02 Responsibility of Crew Chiefs                             29
          5.04 Responsibility of Collectors                              29
          5.06 Method of Pulling Routes                                  29
          5.08 Diversion of Truck                                        30
          5.10 Safety of Crew Members                                    30
          5.12 Signals by Collectors                                     30
          5.14 Container Regulations                                     31
          5.16 Care of Containers                                        31
          5.18 Emptying Containers                                       31
          5.20 Damage to Containers                                      31
          5.24 Location of Containers                                    32
          5.26 Unnecessary Noise                                         32
          5.28 Types, Quantity and Source of Solid Waste                 32
          5.30 Collection Service Locations                              32
          5.32 Telephoning from Route                                    32
          5.34 Capacity Loads                                            33
          5.36 Completing Collection Assignments                         33
          5.38 Covers on Loads                                           33
          5.40 Handle Glass Carefully                                    33
          5.42 Hauling Material Other Than Solid Wastes                  33
          5.44 Salvaging and Scavaging                                   33
          5.46 Complete Delivery of Solid Waste                          34
          5.48 Collection of Solid Waste By Unauthorized Persons         34
          5.50 Spilling of Solid Waste                                   34

6.00 TRUCK PROCEDURES AT DISPOSAL SITES                                  35

          6.04 Directions by Site Attendant                              35
          6.06 Vehicle Operation in Disposal Area                        35
          6.08 Spending Time at Disposal Sites                           35
          6.10 Returning to Disposal Point or Headquarters               35

7.00 EQUIPMENT  -  OPERATION AND CARE                                    35

          7.02 Responsibilities of Crews                                 35
          7.04 Motor and Truck Care                                      36
          7.06 Collectors Assist Drivers                                 36
          7.08 Safe Operation at all Times                               36
          7.10 Observing Traffic Laws                                    37
          7.14 No Riders                                                 37
          7.16 Street Barricades                                         37
          7.18 Cleaning Trucks                                           38
          7.20 Reporting Needed Repairs                                  38
          7.22 Refueling Trucks                                          38
          7.24 Tire Inspection at end of Shift                           38
          7.26 Locking Trucks                                            38
          7.28 Parking in Proper Stall                                   39
          7.30 State Chauffeur's and Driver's License                    39

-------
                                                                         Page

8.00 MOTOR VEHICLE ACCIDENTS                                             40

          8.02 Accident Investigation Panel                              40
          8.04 Reporting Accidents                                       40
          8.06 Reporting Injury to Animals                               41
          8.08 Procedure at the Accident                                 41

9.00 COMMENDATIONS                                                       42

10.00 DISCIPLINE                                                         42

11.00 EMPLOYEE COMPLAINT PROCEDURE                                       42

12.00 LANDFILL OPERATIONS                                                42

          12.01 Responsibility and Authority of Foreman at
                Disposal Facilities                                      42
          12.02 Responsibility of Employees at Landfill                  43
          12.03 Safety at Landfill                                       43
          12.04 Maintenance and Service of Equipment                     43
          12.05 Salvaging and Scavaging                                  44

13.00 WORK STOPPAGE PROHIBITED                                           44

APPENDIX I  (Wage Scale)                                                 45

APPENDIX II  (Job Specifications)                                        46

          Equipment Mechanic                                             47
          Heavy Equipment Operator                                       48
          Medium Equipment Operator                                      49
          Light Equipment Operator                                       50
          Equipment Lubricator                                           51
          Solid Waste Crew Chief                                         52
          Truck Driver                                                   53
          Solid Waste Collector                                          54
          Solid Waste Utility Man                                        55
          Solid Waste Attendant                                          56


                     DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY
    .                                                   1705 HIGH STREET
ROBERT C. PORTER, DIRECTOR                              DES MOINES, IOWA 50309
                                                        AREA CODE 515 282-4659


TO:  EMPLOYEES OF THE DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY

     This book is issued to you for your guidance and assistance in performing one of the most
important services that is rendered to the citizens of the Des Moines Metropolitan area.

     In providing a high level of solid waste collection and disposal service, you are a good-
will ambassador to the Agency to the more than a quarter million residents of this great area.
We look upon this Agency as providing the same high type of public service as provided by the
Iowa Power and Light Company, the Des Moines Waterworks and Northwestern Bell Telephone Company.
Please consider yourself as e. serviceman having the same status as others who provide a first-
rate needed service.  The collection and disposal of solid waste is a much-needed activity, and
by holding yourself up as a serviceman performing work which has not been recognized as a val-
uable service to,the citizens, you will do much to maintain your own image and those of your co-
workers in the eyes of our customers.  Remember, you can raise the concept that other have of you
and your work only so high as you raise your own concept of yourself and the much needed service
you are rendering.

     By familiarizing yourself with the information contained in this book, you will be well equipped
to provide the type of service of which you and the Agency can be justly proud.    .           '    '

     Please remember that your supervisor and the entire staff of the Agency are anxious, to help
you in the performance of your duties.  You'are encouraged to contact your supervisor for any
additional information which you may need at any time.

     Please accept my best wishes for success in your service to our employers and customers - the
many citizens of this area.
                                      Sincerely,
                                      DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY


                                      ROBERT C. PORTER
                                      DIRECTOR

-------
                                  RULES AND REGULATIONS

                                          for
                      SOLID WASTE COLLECTION AND DISPOSAL EMPLOYEES

                                         PREFACE

     The service offered by the Agency through its collection and disposal employees is subject
to a close scrutiny by the customers.  The citizen who, in effect, is our customer, is in a posi-
tion to constantly observe the performance and conduct of these employees and, upon it, in most
cases, he bases his opinion of the Agency.  Crew members, who perform their work in a proper,
business-like manner, serve as one of the best indications to the citizen that his collection fee
is being properly spent.  It  is obvious that employees should conduct themselves properly at all
times and in all places to fulfill their obligation to the citizens of the Metropolitan Area.

     Observation by the citizen is not confined alone to the collector's work of emptying con-
tainers.  His opinion of this service is also very definitely influenced by the manner in which
the quipment is operated upon streets and alleys of the various communities.  The operation of
the refuse truck in a courteous and considerate manner is an obligation of the employee and results
in recognition by the customer of a job well done.  Also, those observing the Agency s operation
of the landfill, when done in the proper manner and with a high sense of courtesy and efficiency,
will aid in the public acceptance of the sanitary landfill concept of solid waste disposal.  To
the degree that all employees develop and display a keen sense or dedication to their work as a
high-grade service to the citizens (customers), will the concept of the area-wide metropolitan
approach to solid waste management be recognized and accepted.

     Collection and disposal employees should conduct their activities with due regard to their own
personal safety as well as the safety of their crew members at all times.  Solid Waste collection
and disposal activities present various hazards and opportunities for injury but the job is safe
when performed with proper attention to safety requirements and practices.  Safety devices which
are provided shall be used in accordance with instructions pertaining thereto.


                                 0.00 GENERAL PROVISIONS

0.01 Purpose.  It is the purpose of these rules to establish personnel policies for all employees
of the Des Moines Metropolitan Area Solid Waste Agency under the jurisdication of the Director
and Board.

0.02  Application of State Statutes.  In situations where these rules and the Code of Iowa apply to
Agency employees, the provisions of the Code of Iowa shall supersede the other.

0.03  Administration.  The Director shall have the power to appoint all employees and to remove
such appointees at any time their services or the conduct of their offices becomes unsatisfactory,
subject to the provisions of these rules and regulations.

The Director is authorized and directed to administer these rules and regulations including the
right to establish whatever detailed regulations and procedures as may be necessary to further
explain and clarify the provisions thereof, except in those situations where such administration
would be in conflict with the Code of Iowa.  In such situations, the Agency Board shall hold res-
ponsibility for administration of these rules and regulations.

The Director shall be responsible for determining the methods of operations of the services per-
formed by the Agency.  The methods shall include:  types, number and operation of equipment; operat-
ing procedures; composition of crews; hours and days of operation; work or performance standards and
units of production; routes to be driven; and other similar items.

Each employee is requested to make appropriate suggestions which he may have reason to believe will
result in improved operations and economy.  The Director, however, shall make all final determinations
concerning operations of the Agency subject only to the approval of the Board and the applicable
laws and regulations of the State and other authorities having jurisdiction.

The Director may appoint a personnel supervisor to assist him in the administration of these rules
and regulations and to perform any other personnel functions which the Director believes area in
the Agency's best Interest.

0.04  Definitions.

Agency;  The Des Moines Metropolitan Area Solid Waste Agency, composed of members representing
the various communities and/or county or counties of the Des Moines Metropolitan Area.

Agency Board;  The Board of Directors of the Des Moines Metropolitan Area Solid Waste Agency.

Assignment;  Refers to the act of assigning an employee to a specific job.

-------
Board;  See Agency Board.

Director;  The Director of the Des Moines Metropolitan Area Solid Waste Agency or his designated
representative.

Dismissal:  Separation from Agency employment for any reason as described under paragraph 3.05 -
Causes for Action.

Employee;  A person  legally holding a regular salaried or paid position in the Des Moines Metropolitan
Area Solid Waste Agency.

Job Specificatton;   A written description of a job, consisting of a title, definition, examples of
duties, employment standards and may include distinguishing characteristics and license or other
requirements, included in these Rules and .Regulations under Appendix II Job Specifications.

         Leave of absence without pay through no fault of employee caused by reduction In work force


Leave of Absence;  Absence, approved by the Board, without pay, requested by the. employee to engage
in activities which  the employee cannot do while employed by the Agency, for a maximum period or
one year, unless extended by the Board; providing, however, that a proper replacement for the employee
has been made before commencing the leave of absence.

Permanent Employee;  An employee who has a regular weekly assignment, who has completed a probationary
period and has met the other requirements of these rules and regulations.

Position;  The job as described by the Job Specification to which an employee is assigned on a
permanent basis.

Probationary Period;  A trial period considered as an integral part of the induction process during
which a new employee is required to demonstrate his fitness for the position prior to receiving a
permanent position.

Seniority;  The length of continuous unbroken service as a permanent full time employee of the Agency
or an employee of any Agency member.  In computing seniority, the date of initial employment shall
be adjusted by any periods of employee suspension or approved leave of absence without pay (except
lay-off, personal illness, injury, education leave in the interest of the Agency or as otherwise
authorized by the Agency) in excess of 20 cumulative working days per year.  On a lay-off, an
employee shall accumulate seniority for a maximum period of six months.

If an employee has been laid off by the Agency and is later offered employment as outlined above,
he must accept the employment offered with the Agency within seven calendar days.  In the event
he does not accept the employment within the seven day period, and later accepts employment, with
the Agency, he shall be re-employed at zero seniority.  Persons on a "lay-off  status, who were
permanent full time  employees shall retain eligibility for re-employment for a period of two years
irom the date of the lay-oft'.

Suspension;  The temporary removal without pay of an employee from his designated position, for
disciIpinary reasons.

Supervisor;  An employee of the Agency having authority, in the interest of the Agency, to hire,
transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees.
Or responsible to direct them,or to adjust their .grievances, or effectively to recommend such action,
if in connection with the foregoing to exercise of such authority is not of a merely routine or
clerical nature, but requires the. use of independent judgment.

Temporary or Part-Time Employee;  An employee who does not have a regular weekly assignment, who,is
employed solely on an on-call 'oasis, and to whom the provisions of Sections l.Olc, 1.03a.b and c,
1.04, 1.06, 1.07, 1.08, 1.09, 1.10, 1.13, 2.02, 2.03, 2.04, 2.07, 2.11, 2.12, 3.07 & 3.08 of these
Rules and Regulations do not apply

Termination;  A complete separation from Agency employment resulting from dismissal, resignation,
retirement or
-------
 1.00  CONDITIONS OF WORK.

 1.01  Employment with Agency

     a.  Fair  Employment.  No appointment  to or  termination  from a position In the Agency shall b«
 affected or  influenced  in any manner by any consideration of race, sex, color, ancestry, national
 origin, or political or religious opinion  or employee group  membership.  No question in any examina-
 tion, or any employment form, or in any other personnel proceeding shall be so framed as to elicit
 information  concerning  political or religious opinions of any applicant or employee.   The Agency
 shall at all times conform with the current provisions of the Federal Fair Employment Act.

     b.  New Employees. The Director  shall determine the need  for new employees.  They shall be
 employed as  required, based upon their ability and  qualifications.  Applications shall be submitted
 on forms prescribed by  the Director, which applications shall provide for information concerning
 training experience, references and such other pertinent information as deemed necessary.  Application
 must be signed.

 The following  general qualifications shall apply to applicants  for employment:

     (1)  United States Citizenship.
     (2)  Good Moral Character.
     (3)  Ability to read and write the English  language.

     (4)  Is not a liquor or drug addict.
     (5)  Physically fit for performance of the  required duties.

 Aptitude tests may be given for employment as determined by  the Director.

     c.  Transfer of Employees from Employment with Agency Member.  At the time when the Agency
 assumes the  responsibility for collection  ot solid  waste in  an area which was previously provided
 by a member  of the Agency, the permanent employees  of the member which were regularly assigned to
 collection service will be given preference for  employment with the Agency.  In so far as practical,
 all new employees hired directly from  a member's collection  service, will be transferred to the
 Agency with  the rights  and benefits he would have accumulated if his previous employment, with the
 Agency member, had been with the Agency.   Included  in the rights and benefits are seniority, long-
 evity and accumulated sick leave and vacation.

     At the  time a member of the Agency discontinues their own solid waste disposal service, the
 permanent employees of  the member, which were regularly assigned to the discontinued disposal service
will be given  preference for employment with the Agency.  His rights and benefits will be established
 as provided  for collection service above.

     No employee will.be transferred from  a member's employment if the prospective employee does not
meet the general qualifications set forth  in paragraph l.Olb.

     If no positions are vacant at the time of transfer, the prospective employee will be compared
 in seniority with Agency employees and accepted  if  he is more senior to any other Agency employee
on the seniority list.  The Director may at his descretion lay off an Agency employee to provide a
vacant position for the prospective employee.  Such lay off  shall be made from the bottom of the
 seniority list.

     However,  a layoff  of this nature  shall be made only at  the time of transfer of collection or
disposal activity from  Agency member to Agency.  Should the  prospective employee join the Agency
at any other time, he shall be placed  at the bottom of the seniority list as a new employee.

     At the  time of transfer, the Director shall determine the rights and benefits of the prospective
employee and shall cause his findings  to be entered into the employee's personnel records.  Where
his previous rights and benefits do not coincide exactly with rights and benefits offered by the
Agency the Director shall make an equitable adjustment to fit the Agency plan.

     d.   Medical Examinations.

     General.  The purpose of the physical examination Is not to limit any employee because of a
physical problem, but to aid him in placing him where he may do the most good for himself and the
Agency.

    (1.) New employees.  All appointments  of employees shall be conditioned upon successful completion
of a medical examination.  No person disqualified by medical examination may be appointed to a position
in the Agency without the approval of  the Agency Board.

-------
      (2)   Handicapped  Applicants.   Handicapped  applicants may be appointed to positions in the
 Agency under the  provision ot  Paragraph 1.04  d  (l) above, provided that the individual possesses
 the  other prescribed qualifications for the position.  The circumstances of each individual case
 will be carefully considered,  with special weight being given to the report of the examing physician.

      (3)   Examinations During  Employment.  When, in  the judgment of the Director an employee's
 physical  condition is  such that  it is  desirable to evaluate his ability to perform the duties of
 his  position,  the Director may require the employee  to undergo a medical examination.

      (4)   Examination  Following  Absence.  Any employee who has been required to take prolonged or
 frequent  leave due to  illness  or  injury may be  required to either submit a written release from
 his  doctor or take a medical examination before returning to work.  The Director shall determine
 if such release or examination is  required.
                            ^x--  - •       -  .
      (5)   Retirement Age  Examination.   Medical  examinations may be given to all employees who are
 being continued in service when  they reach normal retirement age and annually thereafter until
 retirement.

      (6)   Criterion for Evaluating Physical Fitness.  Permenent employees examined under the pro-
 visions ol this paragraph shall be considered physically fit if:

           (a)   The physical defect does not interfere with the performance of duty.
           (b)   The physical defect does not make the individual a hazard to his fellow employees.
           (c)   The duties of work  performed would not adversely affect the health of the individual.

      (7)   The  Agency shall bear  the cost of any physical examination, which the Agency requires.

      (8)   In the  event a  medical examination  disqualifies an applicant or employees from employment
 with the  Agency,  he may have a second  examination by his own physician at his own expense.  In the
 event the second  examination results in a different opinion, a third examination may be had, half
 of which  expense  will  be  paid  by the Agency.  The majority medical opinion shall then prevail as
 to the applicant's or  employee's medical ability to perform the work for which he is to be employed.

 1.03 Employee  Assignments

      a.   Permanent Position.   Each permanent  employee will be assigned to a position which will be
 described in his  Job Specification.  Normally,  he will perform the duties of the position as a
 regular assignment.  Assignment  to a position will depend on the employee's ability to do the work,
 position  vacancies and seniority.   Each position will have a corresponding pay scale.

      b.   Acting Positions (Temporary Assignments).  Since the Agency's mission is to provide solid
 waste collection  and disposal  service;  and since this is a vital health function of the community
 which must be  accomplished on  a  regular and uninterrupted schedule; it will be necessary, from time
 to time,  to  assign men temporarily to  duties  or classifications different frrm the regular assign-
 ments.

      Temporary assignment to positions different from the regular assignments will be made as conditions
 warrant.   The  Director shall have  the  authority to determine the conditions under which temporary
 assignments  may be made and will exercise the authority through the normal channels of supervision.

      Permanent employees  may receive temporary  assignments up to five (5) working days without any
 change in position or  pay.  If the temporary  assignment exceeds five (5) working days, the employee
 will  be considered to  be  "acting"  in the position.  Employees in "acting" positions will be paid
 at the rate  of pay prescribed  for  the  position, if that pay rate is equal to or greater than the
 employee's regular position.   If the pay rate for the acting position is less than the employees
 regular position  the employee  will be  paid at the rate of his regular position.

      c.   Changes  in Permanent  Positions.  The Director shall determine the number of permanent
 positions required tor each job specification.  He may change the number of positions from time
 to time as conditions  warrant.

      When the  number of permanent  positions within any job classification Increases or when there
 is a vacancy,  appointments will be made on the  basis of the employees ability to do the work, and
 seniority.   When  the number of permanent positions within any job classification is reduced the
.reduction will be made on the  basis of seniority.  "Employees removed from a position due to a
 reduction in the  number of positions required will be placed in other positions in the Agency on
 the  basis of seniority, provided such  employees possess the necessary job qualifications and have
 the  ability  to do the  work."

-------
     d.   General Duties.   In addition to the major tasks to be performed as described in the
Job Specification for each  position, each employee may be assigned to miscellaneous tasks such
as litter control, cleaning of buildings, facilities and equipment, and similar work necessary
for the proper functioning  of the Agency.  Some of these tasks may be included in the Job Speci-
fications as routine and continuing tasks considered as part of a position.  Others may be
assigned by supervisory personnel as required.

     Employment with the Agency is conditioned upon the complete understanding that an employee
regularly assigned to a position shall also perform other duties as directed by his immediate
supervisor.

1.04 Normal Work Week and Hours of Service.

     Eight hours shall constitute a normal day's work, exclusive of a thirty minute lunch period to
be taken commencing approximately four hours after commencing the work day.  Five days of eight hours,
or 60 hours, shall constitute a normal work week except for part time employees.  The specific days
and hours of assignment are as directed by the Supervisor, subject to approval of the Director.
For cleanliness reasons, employees may go off their routes for this lunch period.

     All employees shall also be allowed two 15 minute rest breaks (computed from start to stop
of the break) approximately mid-way between the beginning and end of the first half of the shift
and mid-way between the beginning  and end of the second half of the shift.  These rest breaks
shall be taken without leaving the route (for collectors) or immediate working area (for landfill
personnel).

     Employment in the amount of 2080 hours minimum per year shall be made available to each full-
time permanent employee, subject to the provisions of paragraph 1.03.  Employees must be avail-
able for work in order to be eligible for the guaranteed hours.  All overtime hours worked in
e: ;ess of eight hours per day and/or 40 hours per week and authorized paid leave shall apply to
the total guaranteed hours.

     It may be necessary to collect and dispose of solid waste on Saturday, Sunday and in an
emergency on Holidays.  Special working days or hours may also be assigned to various crews from
time to time by the Supervisor to meet the needs of the work.

     "A reasonable amount of overtime work is required by the nature of the Agency's operations.
An employee will not be required to work more than 10 hours in any work day.  Upon notice by an
individual employee to his  supervisor to his supervisor at the start of his shift and for valid
personal reasons an employee will be exempted from any overtime on that day.  Because such over-
time may be required, collection crews shall remain in the assigned collection area until all
collection work in that area is completed."

     If, for any reason determined by the Foreman or Supervisor, overtime is required to complete
an assignment, an employee  must secure authorization for such overtime in advance as soon as the
need for such overtime is apparent.  Compensation for overtime will not be allowed without such
advance authority.  Time worked shall be computed to the closest 15 minutes.  Overtime shall be
paid in cash each pay period in lieu of compensatory time off.  All full-time employees shall
have two specified consecutive days off per week- Saturday and Sunday, if possible, without
deduction from pay.  In an  emergency, an employee may be required to work on his weekly days off.
The work week shall be from Sunday midnight to the following Sunday midnight, unless otherwise
assigned.  Payment for overtime in excess of 8 hours per day and/or 40 hours per week shall be
paid as follows, providing, however, that there shall be no duplication of overtime:

     (a)  Time and one-half on sixth work day, providing the employee has worked 40 hours
          through the fifth work day.

     (b)  A holiday not worked shall be considered as a day of work for the purpose of computing
          overtime.

     (c)  Double time on the seventh work day of any work week.

    Agency collection employees will not be required to work on any holiday or observed day except
on a sign-up basis when requested by the Agency.  The request for sign-up will be made, and work
assigned, at least four days proceeding the holiday or observed day.

     Payment for hours worked on Holidays shall be at the double time rate.

     The provisions of this paragraph regarding hours of service and overtime shall not apply to
supervisory personnel.  If Foreman and Supervisors are required to work on a holiday or a diy off,
or are required to work overtime, they shall .be given time off for the.overtime in accordance with
provisions (a) and (b) above.

-------
      In the  event  the  employee  does  not work  because of  inclement weather,  (cold, rain or other
 weather) or  other  causes  beyond the  Agency's  control, any  time worked as a  make-up day'shall
 be  paid in accordance  with provisions  (a)  and (b) above.

 1,05  Cold Weather'policy.

      Employees  shall be allowed one  cold weather day per week during the period from November
 through March.   However,  if the employees  take the cold  weather day off, Saturday shall be a
 make-up day  in  accordance with  paragraph 1.04 Normal Work  Week and Hours of Service.

 1.06  Holidays.

      The following paid Holidays shall be  observed by the  Agency:  New Year's Day, Memorial Day,
 Fourth  of July,  Labor  Day, Veteran's Day,  Thanksgiving Day, Christmas and an Additional Christmas
 Day.

      Permanent  employees  shall  be paid for 8  hours at straight time for each of the above holidays.
 If  a  holiday falls on  a Sunday, it shall be observed on  the following Monday.  If a holiday falls
 on  a  Saturday,  it  shall be observed  on the preceding day,  Friday.  If an employee works on a day
 designated as a Holiday,  he shall be paid  at  overtime rate for a minimum of four hours for working
 0-4 hours, and  a minimum  of eight hours for working more than four hours, in addition to the holiday
 pay."

      When Christmas falls  on Tuesday,  Wednesday, Friday  or Saturday in addition to the legal holiday
 observance,  the  preceding work  day shall be also observed  as a holiday.  When Christmas falls on
 Sunday,  Monday  or  Thursday,  in  addition to the legal holiday observance, the following work day
 shall also be observed as  a holiday.

      To  earn the holiday,  the employee is  required to be present the work-day preceding and the
 wr.rk-day following the holiday, unless on  authorized leave as hereinafter provided under 1.07
 Vacation Leave,  1.08 Sick Leave or 1.09 Emergency Leave, or other authorized leave.

      "When a holiday occurs  during an  employees vacation,  holiday pay will  be in addition to such
 vacation,  or in lieu thereof, ar. employee  may request a  day of compensatory leave.  When a holiday
 occurs during an employees authorized  leave of absence,  an employee will receive pay; providing,
 however,  there  shall be no duplication of  authorized leave with pay and holiday pay.

      An  employee working  on one of the above  holidays shall be paid a minimum of fours hours for
 working  from 0-4 hours, and a minimum  of eight hours for working more than  four hours.

 1.07  Vacation  Leave

 Each  full  time  permanent  employee will accumulate vacation leave from the date of their employment,
 as  follows:

 (1)   Permanent Full-Time  Employees with Less  than Six Year's Service.  Vacation leave shall be
 accrued  by all  permanent,  full-time  employees who have completed twelve months of continuous
 service, but not more  than six  years at the rate of ten working days (or eighty hours) each year.

 (2)   Permanent Full-Time  Employees with More  than Six Year's Service but Less than thirteen Year's
 Service.Vacation leave  shall  be accrued  by  all permanent full-time employees who have completed
 more  than -six years of continuous service,  but not more  than thirteen years, at the rate of fifteen
 working  days  (or one hundred twenty hours)  each year.

 (3)   Permanent Full-Time  Employees with More  than Thirteen Years Service, but less than Twenty year's
 Service.Vacation leave  shall  be accrued  by  all permanent full-time employees who have completed more
 than thirteen years of continuous service,  but not more than twenty years,  at the rate of twenty work-
 ing days  (or one hundred sixty  hours)  each year.

 (4)   Permenent Full-time Employees with More  than 20 Years of continuous Service.  .Vacation leave
 shall be accrued for all permanent lull-time  employees who have completed more than 20 years of
continuous service at  the  rate  of twenty-five  working days (or 200 hours) each year.

     The above provisions  shall  also apply to  part-time permanent employees, except that the amount
of paid vacation shall be  in the  relationship which their  part-time employment bears to full-time
employment.

     All vacation  leave schedules  must be  approved by the  Director.  In preparing such schedules,
the' supervisor shall consider the  needs of  the Agency and  the seniority and wishes of the employee.

     Vacation must be taken within a twelve-month period after the completion of the year in which
 it is earned unless written  authorization  extending this period is obtained from the Director.

      Accrued but unused vacation will  be  paid in cash upon termination.

-------
 1.08   Sick Leave

     Each permanent  full-time  employee  as  defined  in paragraph  1.01 shall be entitled to one(l)
 day sick leave with  pay  for  each month  of  service  which may be  used for the following reasons:

 (1)  Physical incapacity no  incurred  in the  line of duty.

 (2)  Personal illness, including medical and dental appointments during working hours.

 (3)  Enforced quarantine of  the  employee in  accord with community health regulations.

 (4)  Serious illness of  an emergency  nature  of members of the immediate family.  The employee
     shall notify his  immediate  supervisor of the  circumstances as soon as practical.

     Sick leave shall  be accrued for  permanent part-time employees at the rate prescribed for
 permanent full-time  employees, but  such accrual shall be in proportion to the hours worked per
 week as measured against the hours  worked  per week by permanent full-time employees.

     Unused sick leave may be  carried over from one year to the next with no limit to accumulation.
 No payment for unused  sick leave credit shall be made upon separation from Agency employment except
 in cases of retirement or death  of  a  permanent employee of the  Agency.  In the event of the employee's
 retirement, which meets  the  requirements of  the applicable federal or state statutes, or of his
 death, the employee, or  his  beneficiary shall be paid fifty per cent of his daily salary based on
 his salary rate at the time  of his  retirement or death for each full day of unused sick leave credit
 the employee has accrued in  excess  of 40 days.

     "Supervisors have the right to verify the reported sickness of an employee and will require a
 doctor's certificate for absence due  to illness of three (3) days or more.  Requests for sick leave •
 w'. 11 be made at least  fifteen  (15)  minutes prior to the employee's regular work shift.  Sick leave
 shall  be chargeable  only when  used  on regularly scheduled work  days or work periods.

     When the Agency is  notified in advance  that an employee will be off work for more than three
 (3) days because of  sickness or  injury,  the  employee will upon  request receive permission not to
 call in or report further to the Agency until the  day before he is to return to work.  Requests
 for sick leave called  in by  phone will  be  accepted by the Agency from the employee, if physically
 possible, otherwise  from a member of  his immediate family, provided that the employee is respon-
 sible  for complying with the requirements  of this  paragraph."

 1.09   Emergency Leaves.

     Emergency leaves  shall  cover the following:   a.  Injury Leave, b. Funeral Leave, c. Military
 Leave,  d. Family Leave,  e. Jury Leave &  Others,  f.  Conventions, Meetings and Visits to Solid
 Waste  Facilities.

 a.  Injury Leave.  Leave of  absence with pay to permanent employees for on-the-job injuries or
 occupational disease,  as described  by the  Iowa Workmen's Compensation Law, shall be provided by
 Workman's Compensation insurance.

 (1)  Method of Payment.  During  such  injury  leave, the Agency shall pay such employee his full
 pay, either as direct  payment  from  salary  funds or as Workmen's Compensation insurance benefits,
 or both, but the total amount  so paid for  loss of  time from work shall not exceed the full pay        .
which  such employee would have receive  for such period at his regular rate of pay.  Such injury
 leave  shall not be charged against  the  employees sick leave or  vacation benefits, except as provid-
 ed hereinafter.

 (2)  Extent of Leave.  Such  injury  shall extend for six months unless it is determined sooner by
competent medical authority, approved by the Director, that the employee can return to duty.   At
 the end of six months employees, if still  disabled, will be entitled to leave with pay as follows:

   (a)  Three months with Workmen's Compensation benefits plus  two-thirds of the difference between
the employee's full pay  and  Workmen's Compensation benefits.

   (b)  Another three months with Workmen's  Compensation benefits plus one-thrid the difference
between the employee's full  pay  and Workmen's Compensation benefits.

   (c)  At the end of one year from the  date of injury,  the employee shall be entitled to Workmen's
Compensation benefits for the duration  of  his disability as provided by Chapter 85, Code of Iowa, 1966.

   (d)  If declared by competent medical authority, approved by the Director, to be unable to return
to work or to be permanently disabled, the employee shall,  after one year from the date of the dis-
abling injury,  be permitted  to use  his vacation and normal sick leave before being retired from Agency
 service.

-------
     To qualify for any injury leave of absence with pay, the employee must report within the work
shift and injury, however minor, to the foreman, unless physically unable to do so, and to take
such first aid, medical treatment or other treatment as may be necessary.  In the event the employee
fails to report the injury within the work shift, any compensation he receives from the Agency
shall be charged against sick leave or vacation leave.

b.  Funeral Leave with pay.  In addition to family funeral leaves as provided for under Family
Leave,leave shall be granted all permanent full-time employees for a maximum of four hours to
attend the funeral, upon written authorization of the Director or his authorized representative.
Employees shall request the time off as far in advance as practical.

c.  Military Leave.  Permanent employees are eligible for leave with pay for the first 30 days of
their active service in the armed forces or active training duty in the armed forces; thereafter
this leave shall be without pay.  Any such leaves shall be reported to the Director in writing
before commencing the leavt;.  Employees' shall receive the difference between military pay and his
regular pay for 30 days.

d.  Family Leave.  In case of death in the "Immediate Family", a permanent employee shall be grated
a leave oi absence with pay up to seven calendar days by the Director.  "Immediate Family" is
defined as wife, husband, child or parent.

     In the case of death in the "Family" a permanent employee, upon prior request, shall be
granted a leave of absence with pay up to four calendar days by the Director.  "Family" is
defined as mother-in-law, father-in-law, sister, sister-in-law, brother, brother-in-law,
son-in-law, daughter-in-law, grandparents, and any other relative living in the same household.

     If the situation warrants an extension, the Director may grant up to an additional three
calendar days.  A written explanation of any such extension must be filed with the Director.

e   Jury or Witness Leave.  Leave with pay may be authorized by the Director in order that
regular employees may serve required jury duty or as a witness for the Federal Government,
State of Iowa, or a political sub-division thereof.  Such time off shall be considered as
time on duty.  Employees will be paid the difference between their regular pay and the amount
they receive from the jury or witness duty, except travel, food or lodging compensation for such
duty.

f.  Conventions. Meetings and Visits to Solid Waste Facilities.  Attendance at conventions and
other meetings and visits to other cities shall be considered as time on duty; provided, that
such attendance be approved in advance, and in writing, by the Director.  The Activity must be
related to Solid Waste Management.

1.10  Educational Leave.   With the consent of the Director, Educational leave may be granted
those permanent employees, who are interested in further professional training.  Such leave is
without pay.  A single leave may not be more than twelve months, unless approved by the Director.

1.11  Other Leave of Absence without pay may be granted by the Director, if requested in writing
by the employee tar enough in advance so that replacements may be made.

1.12  Absence without Leave.  If any employee shall, without proper authorization, be deliberately
absent from duty, whether tor part or all of a working day or for a longer period, such absence
may be cause for disciplinary action.  Absence without leave for a period or five duty shifts
may be cause for automatic termination of employment and separation from the Agency service.
Should the employee determine that he will be tardy or absent from work for any reason, he shall
immediately telephone and inform the foreman.  Because of the importance of an interdependence
of employees, failure to so notify the foreman shall be cause for disciplinary action.

1.13  Accrual of Fringe Benefits During Absence.  Sick leave, vacation, longevity and seniority
do not accrue during the period that an employee is on an approved leave of absence or time off
without pay in excess of 20 working days per year, except as provided for under Seniority, para-
graph 0.04 Definitions.

1.14  Paydays.  Employees will be paid in the following manner:  Checks will be available on tho
regular payday at the times and locations designated by each Supervisor.  Checks for personnel
on a night shi'ft will be available until the end of the working period on the night of the
regular payday and the two following nights.  Pay checks are available for issuance to employeeo
at the specified payoff time and place on payday and the two following working days.  At the end
of the second day after payday, if the check is not claimed by the employee, it will be mailed
to his home.

     Pay checks will be given only to the employee to whom they are made out.  Wives or reletivao
may not receive such checks unless they submit a signed statement from such employees.  In case of
sickness or absence the Office will mail the check, if so requested.

-------
 1.15   Other General  Information.   Information relative  to matters of general  interest  to
 Agency employees,  such as  sickness,  accidents and  injuries, vacations, retirement benefits,
 etc.,  can  be  obtained  from the Office.

 1.16   Work Clothes.  The clothing must  be kept clean and in good repair at all times,  and  shall
 be  laundered  frequently enough to accomplish this  purpose.

     "Long pants and shirts must  be  worn by all employees while on duty.  All employees must
 wear a suitable work shoe.  Any cloth type,  moccasin or sandal will not be accepted as a
 suitable work shoe."

     The Director  shall determine the extent to which uniforms or special items of clothing are
 provided to employees.

 1.17   Change  of Address.   An employee,  upon changing his place of residence, shall immediately
 furnish the office with his new address.

 1.16   Service Pin  Awards.   The Director may establish policies and procedures for awarding of
 service pins  to employees  for long and  honorable service to the Agency.

 2.00 PAY PLAN AND  COMPENSATION POLICIES.

 2.01   Establishment  of Plan.   The Des Moines Metropolitan Area Solid Waste Agency shall determine
 the pav plan  in the  torm ot a salary Resolution and  may amend the plan from time to time.  The pay
 plan shall be re-examined  annually by the Director who  shall submit recommendations for changes
 to the Agency Board.   In making such re-examinations and recommendations, the Director shall give
 appropriate consideration  to the  following factors:

     a.  .Maintenance of equitable relationships between employees based on their relative duties
 ai-i responsibilities.

     b.  The  general level of wage rates  in the appropriate labor markets for comparable work under
 similar working conditions.

     c.  Current recruitment and  retention experiences.

     The Agency's  financial position, resources, and contract committments shall also be considered
 in connection with any changes in the pay plan.

 2.02   Deductions.  Deductions as  required by law shall  be deducted from employees wages, such as
 income  tax. Social Security and IPERS.   The  Agency will make regular deductions for labor organiza-
 tion dues  and initiation fees, from  the wages  of each employee who has provided the Agency with
 proper written authorization therefor,  and the Agency will remit such monies to the appropriate
 labor  organization.  Any such authorization is revocable at any time by an employee upon thirty
 (30) days  written  notice to the Agency.   The Agency  will also make regular deductions for other
 items,  such as Credit  Union dues,  United  Campaign  Contributions and Savings B>nds, upon written
 authorization from the  employees.

 2.03   Pay  Plan Administration. The  Director shall be responsible for administering the pay plan
 according  to  the tollowing provisions:

     a.  Beginning Salary  Rate.   The beginning rate  for a new employee normally will be the minimum
 rate in the established grade for his classification.   In unusual situations, a pay rate above the
 minimum rate  may be  authorized to: (1)  meet  difficult recruiting problems or to obtain a person
 with markedly superior  qualifications;  (2) correct salary inequities or give credit for prior
 service; or (3) recognize  outstanding performance.

     b.  Merit Pay Adjustments.   In  unusual  situations and upon written recommendation of a depart-
 ment supervisor that an employee has performed exceptionally outstanding service, the Director may
 grant a merit pay  increase,  or special  lump  sum bonus, upon approval of the Agency Board.

     c.  Adoption  of New Pay  Plan.   Upon  adoption of  a new pay plan Resolution, the method for initial
 implementation ot  the new  plan shall be established by  Agency Board Resolution, except that whenever
 possible,  adoption and  implementation of  a new pay plan shall not affect the established anniversary
 date of any employee.

     d.  Reporting Pay.  Employees who  report  for work at a regularly scheduled time on a regular
work day and  are sent home by their  supervisor because  the work cannot be performed shall receive
a minimum  of  two hours  pay.

     e.  Recall Pay.  Employees who  are recalled to work after the completion of their regular
work day by tneir  superior shall  receive  a minimum of two hours pay for each call at the time and
 one-half rate.

-------
 2.04  Longevity Pay.  Permanent employees who have performed satisfactory continuous service
 for the required number of years shall be eligible to begin accruing longevity pay at the
 beginning of the payroll period in which the required number of years has been completed.

     a.  Continuous Service.  Continuous service shall be terminated by resignation, dismissal,
 or retirement.  If an employee so terminated receives a subsequent reappointment, he shall not
 be given longevity pay for service prior to the termination.  Continuous service shall not be
 considered broken it an employee:

     (1)  Is on military leave of absence and returns to Agency employment in accordance with
          Federal and State  law.

     (2)  Is on authorized leave of absence or on a temporary suspension without pay.  However,
          no credit shall be allowed  for time toward the accumulation of a five-year period by
          employees suspended or on leave without pay for over thirty consecutive calendar days,
          and additional time equal to the loss of service must be served to qualify for longe-
          vity.

     b.  Amount of Payment.  Eligible employees shall receive 1% of base salary upon completion
 of five years; 27, after ten years; 3% after fifteen years; 4% after twenty years; 5% after twenty-
 five years; and 6% after thirty years and more continuous satisfactory service in a permanent
 status.  Longevity increments shall be paid in addition to regular compensation and may be incorp-
 orated with the regular pay checks.

     c.  Limitations.  An employee who is suspended, on leave of absence without pay , or otherwise
 off the payroll tor any period of thirty consecutive calendar days or more shall receive no longe-
 vity pay for such period.

 2.06  Salary Schedule.  Salaries, excluding longevity pay for employees of the Agency, effective
 November 1, 19/0, are as follows:  (Current Salary Schedule is attached as APPENDIX I to the Rules
 and Regulations).

 2.07  Seniority.  The Agency will maintain a current seniority list of employees based upon the
 length ot .continous employment with the Agency and/or any employment with an Agency member immediately
 preceding his employment with the Agency.  Such list shall be posted where employees may see it at
 all times.

     "In the event it is necessary to reduce the number of employees, they shall be laid off in
accordance with their agency seniority rights, and returned to work on the same basis, providing
 they are qualified as determined by the Director.

     Seniority, with respect to rehire of employees who have been previously laid off by the
Agency, shall be as follows:

     a.  During the period of time that the employee is laid off, he shall accumulate seniority
during the layoff, for a maximum period of six months.

     b.  Should the employee desire to again be employed by the Agency and a position is available,
he shall be compared in seniority, including the period of time specified in (a) above, and if
qualified, shall be rehired with the  same seniority he had when he was laid off, plus the six month
maximum period of the layoff.  He shall not lose any seniority he had accumulated prior to the time
he was laid off.

     When new jobs are created or vacancies are to be filled, preference shall be given to seniority
and qualifications, as determined by  the Director.  In the event an employee is eligible for a job
and has seniority, he shall be given  a trial period not to exceed thirty (30) days in said position
and if found not qualified, shall be  returned to his former position.

     Job vacancy notices shall be posted on the bulletin board for 72 hours, excluding weekends,
during which time each employee who is interested shall bid.

     Any new employee may be discharged by the Agency during the first sixty (60) days of employment
on any grounds, including incompetence and the Director, working through the employee's supervisor,
shall be the sole judge without appeal as to the competency of the said employee.  After said new
employee has worked sixty (60) days,  he shall be placed on the regular seniority list and his
seniority standing shall be computed  from the date he started to work.

 2.09  Employees Suggestion System.  An employee suggestion system is hereby created for the purpose
ot encouraging employees to submit suggestions which will improve the efficiency and effectiveness
of the Agency and its employees.  The Director shall establish such regulations as are necessary to
 insure the effective operation of the suggestions system.

     The Director may authorize awards ranging in value from $25.00 to $250.00 for suggestions
submitted under the provisions of this system.

-------
 2.10   Roster Cards and  Employee  Records.  The Director shall maintain a service record card
 tor each employee in  the  service of  the Agency  showing the name, title of position held, the
 department to which assigned,  salary, changes in employment status, and such other information
 as may be considered  pertinent.

     Any temporary or permanent  change in the employment status of anemployee shall be reported
 by the Supervisor to  the  Director.

     Payroll registers  shall be  kept permanently.  All other personnel records, not a part of a
 current employee's personnel file, including correspondence, applications, examinations, and
 reports, may be destroyed after  ten  years upon  order of the Agency Board.

 2.11   Accident, Health  &  Insurance Program.  The Agency provides to each full-time permanent
 employee a comprehensive  hospitalization program including hospitalization, surgical and major
 medical coverage.  The  Agency  pays the full premium for employees.  The full cost of the premium
 for family coverage,  if family coverage is elected by the employee, is assumed by the Agency.

     There is a minimum 30-day waiting period before coverage is effective.  New employees currently
 covered under an existing plan may arrange for  continuous coverage by contacting the -Agency office.

     The Agency provides  a $2,000 life insurance policy for all full-time and regular part-time
 employees.  The premium is paid  by the Agency and coverage takes effect when the enrollment card
 is filled out and returned to  the office.

     "Present Accident, Health and Insurance Benefits shall remain in effect until December 31, 1972."

 2.12   Retirement System.   Normally,  employees may be retired from Agency employment at age 65.
 If in  the best interests  of the  Agency, an employee's appointment may be extended by the Director
 for one or more 12 month  periods.

     The Iowa Public  Employee's  Retirement System (IPERS) is applicable to employees of the Agency,
 and they are covered  by all the  benefits which  accrue under this system, including the benefits
 of previous employment  under this system.  The  Agency shall make payments to this system for
 employee's retirement as  provided by law.

 3.00 EMPLOYEE CONDUCT.

 3.01  General.  Employees shall  conduct themselves in a manner which will reflect favorably upon
 the prestige of the Agency and its employees.   To maintain this prestige in the community, employees
must express pride in the Agency.  Only by each employee conducting himself in an orderly, lawful
and progressive manner will the  status of the Agency and it's employees be maintained at a high
 level.

 3.02  Warning and Reprimand.   Whenever employee performance falls below the required level or
when an employee's conduct falls under one of the causes for action listed in paragraph 3.05, his
 supervisor shall inform him promptly and specifically of such lapses.  If appropriate and justified,
 following a discussion  of the  matter, a reasonable time for improvement or correction may be allowed
before any further disciplinary action is initiated.  In situations where  an oral warning has not
 resulted in the correction of  the condition or  where more severe initial action is warranted, a
written reprimand shall be sent  to the employee and a copy placed in the employee's personnel folder.

 3.03  Suspension.  In those cases where the Director determines the seriousness of the events or
conditions warrant it, an employee may be suspended without pay by the Director, for a period
not to exceed 30 calnedar days for each offense for any cause listed in paragraph 3.05, for
disciplinary reasons.

 3.04  Dismissal.  When other forms of disciplinary action have proved ineffective, or where the
seriousness of the offense or  condtions warrants it, the Director may dismiss the employee for any
cause or causes listed in paragraph  3.05.

3.05  Cause for Action.   Appropriate disciplinary action may be taken for any of the following
causes:

-------
     a.   Incompetency,  inefficiency,  or negligence  in  the performance of duty-.

     b.   Activity which has been determined  to be incompatible with his employment as
          provided in paragraph 3.09.

     c.   Chronic  physical  or  mental  incapacity to perform the work of the position.

     d.   Failure  to promptly  report  a physical injury  or disability or mental status
          which could reduce the employee  s ability  to  perform his assigned duties
          efficiently, properly and safely.

     e.   A serious  breach  of  discipline.

     f.   Failure  to maintain  required chauffeur's or driver's license or failure to promptly
          report the expiration or revocation of  a required chauffeur's or driver's license.

     g.   Unauthorized absence or abuse of leave  privileges.

     h.   Acceptance of  any valuable  consideration,  other than remuneration by the Agency,
          given to influence the employee  in  the  performance of his duty.

     1.   Falsification  of  an  application  or  of any  Agency record.

     j.   Use  of his official  position for personal  advantage.

     k.   Political  activity as described  in  paragraph  3.10.

     1.   Willful  violation of these  rules.

     m.   Dishonorable conduct, including:

          (lr).   Disobeying  orders given by those  who have authority to issue such order.

          (2).   Chronic  tardiness

          (3).   Chronic  absence without excuse or permission.

          (4).   Swearing and abusive  language.

          (5).   Dlscourtest to customers.

          (6).   Drunkenness or use of  non-medically  prescribed drugs.

          (7).   Drinking or the carrying of alcholic beverages while on duty.

          (8).   Gambling on Agency property or while on duty.

     n.   Violation  of written and adopted Agency operating rules.

     o.   Financial  obligations.   Employees shall arrange and conduct their personal financial
          affairs  so that creditors will not  have to make use of the Agency as a collection agent
          under garnishment procedures or  consult Agency officials for collection procedures.
          Repeated failure  to  comply with  this provision shall be grounds for disclipinary action
          or dismissal.   However,  employees cannot be discharged for garnishment for a single
          indebtedness.


3.06  Resignation.   An  employee  desiring  to  resign  from Agency service may do so by notifying
his department head in  writing of the reason therefor  and the effective date.  Failure to give
at least  two weeks'  notice may be cause for  denying subsequent employment with the Agency.  The
Supervisor shall  report the resignation on the prescribed "Report of Separation" form.  The
The resignation of  the  employee  shall be  attached to this form or the employee shall sign the
Report of  Separation, statitig the reason  therefor and  certifying that the resignation is of
his own free will.   Undated or unsigned letters  of  dismissal or unsigned Report of Separation
will not  be accepted.

3.07  Layoff.   Whenever It becomes necessary for employees to be laid off for lack of work or,
lack of funds,  it shall be handled as provided for  under prargraph 2.07 "Seniority".  Particular
consideration  shall  be  given  to  their qualifications.

3.08  Appeals  and Hearings.
     a.  Any grievance  concerning the interpretation,  application or alleged violation of the
provisions of  these  Personnel  Rules and Regulations by the Agency shall be processed in the manner
set forth herein.   The  term "grievance", however, shall not include a dispute seeking to change
the amount of  an  employee's wages or  benefits set forth in these Rules and Regulations or in a
Memorandum of  Agreement.   Grievances  shall be adjusted in the following manner:

     (1)  The  employee  shall  submit his grievance to his department supervisor within three,(3)
days of the occurrence  giving  rise to it.  The supervisor shall give his answer to the employee
within three (3)  days of submission to him.
                                                 XJTC.

-------
      (2)   If not  resolved,  the grievance shall be submitted by.the employee to the Agency
Director within five  (5) days of  the department supervisor's answer.  The Agency Director
shall give his answer to the employee within  five (5) days of submission to him.

      (3)   If not  resolved,  the grievance may  be submitted to arbitration within five (5) days
of the  Agency Director's answer by the employee or his labor organization by written notice
to the  Agency Director.  Such notice shall specify the section of these Rules and Regulations
alleged to have been  violated.  The parties shall promptly meet to attempt to agree on an
arbitrator.  If they  are unable to agree, they will jointly request the Federal Mediation
and Conciliation  Service for a list of arbitrators, and by alternately striking names one
arbitrator will be  selected to hear and determine the grievance.

     b.  Employees  are entitled to representatives of their own choosing in appealing grievances,
and they are entitled to one representative In Step a (1), and a reasonable number of representatives
thereafter.  When necessary in investigating  and settling grievances, employees and their
representatives,  if employees of  the Agency shall be released from work without loss of pay
for a reasonable  time, provided supervision is given sufficient advance notice to adjust work
schedules.

     c.  Failure  to appeal  a grievance within the time specified above shall bar further appeal.

     d.  The employee or labor organization and the Agency shall share equally the expense of
arbitration.  The arbitrator shall have no authority to add to, subtract from or modify any
provision of these  Rules and Regulations, and his decision shall be final and binding upon
the parties.

3.09  Incompatible  Activities.
     a.  Prohibition  of.  An Agency employee  shall not engage in any employment, activity, or
enterprise which  is inconsistent, incompatible, or in conflict with his duties as an Agency
employee, or with the duties, functions, and  responsibilities of the position in which he is
employed.

     b.  Type of  Incompatible Activities.  The following employment activity or enterprise shall
be considered inconsistent,incompatible, or  in conflict with Agency employment which:

     (1)   Involves  the use  for private gain or advantage of the Agency's time, facilities,
equipment, or supplies, prestige, or influence of an Agency office or employment.

     (2)   Involves  the receipt or acceptance  by the officer or employee of any money or other
consideration from  anyone other than the Agency because of their employment for the performance
of an act which the officer or employee would be required or expected to render in the regular
course  of his Agency  employment or as a part  of his duties as an Agency officer or employee,
provided, that this rule shall not apply to gits of a general commercial advertising nature having
a small value, such as pens, calendars and rulers.

     (3)  Involves  the performance of an act  in other than his capacity as an Agency officer or
employee which may  later be subject, directly or indirectly, to the control, inspection, review,
audit or enforcement  by such officer or employee or the department by which he is employed.

     (it)  Involved  so much  of the employee's  time that it impairs his attendance or efficiency
in the  performance  of his duties  as an Agency officer or employee.

     (5)  The Director shall make a final determination, when necessary, as to whether a specific
activity is incompatible.

3.10  Political Activity.   An employee shall  not, as a representative of the Agency, directly or
indirectly contribute any money or anything of value, to any candidate for nomination or election
to any  office, or to  any campaign or political committee, or take any active part in any political
campaign.  Nothing  in this  paragraph shall prohibit any employee or group of employees, individually
or collectively,  from expressing  opinions and convictions, or making statements and comments con-
cerning their wages or other conditions of employment, nor shall the provisions of this paragraph
prohibit an employee,  as an individual while  not officially or unofficially representing the Agency,
from engaging in  any  of the political activities mentioned above.

     Any employee who shall become a candidate for any partisan elective office for remuneration
shall, commencing thirty days prior to-the date of the primary or general election and continuing
until such person is  eliminated as a candidate, either voluntarily or otherwise, automatically
receive .leave of  absence without  pay and during such period shall perform no duties connected with
the position so held.

-------
4.00  PUBLIC RELATIONS.

4.01  Courtesy to the Public.  The  "Letter to Employees" and "Preface" explains the position
ot the Agency with respect to the public  image which it wishes to maintain.  Employee relation-
ship  with  the public, our.customers, aids immeasurably in creating this good public image.
Employees, being a part of the Agency,  shall do whatever is reasonably possible to maintain
a lasting  friendship with the public by their orderly and courteous handling of problems as
they  arise.

4.02  Contacting the Public.  Employees are not authorized to contact individuals, in the interest
ot not delaying collection and disposal operations.  All interviews or personal contact will be
made  by foreman.  When employees are contacted by citizens, they shall courteously answer questions
quickly to the best of their ability.   When they are unable to furnish desired information, they
shall refer citizens to their foreman.

      When  containers are found damaged  upon arrival of the truck, or where containers are
accidently damaged by the truck or  loader, the foreman shall be notified, who will then contact
the property owner.

4.03  Unauthorized Services.   Only those services which are authorized under Agency rules
shall be performed.Whenever a crew is contacted by a customer requesting service of a type not
authorized, the customer shall be asked to contact the Agency office.

5.00  COLLECTION OPERATIONS.

5.02  Responsibility of Crew Chiefs.  The crew chief is in charge of the crew and will be held
responsible tor the safe and proper operation of the truck,; the serving of all qualified locations
at which refuse has been set out for collection on their routes; proper conduct of the other
crew  members; assistance to the other crew member where indicated; reports to the foreman; and,
for lost or wasted time of the crew.  The driver shall follow the regular route exactly as pre-
scribed except for detours or other unavoidable deviations.  All deviations shall be reported
to the foreman.  The Crew Chief shall be  responsible for the conduct of his crew only insofar
as he can  be aware of such conduct.

5.04  Responsibility of Collectors.  It shall be the duty of the regular collector to advise a
relief driver assigned temporarily  to his truck of the regular prescribed route and the method
of covering it.  He shall share responsibility with such relief driver for uncollected refuse.

5.06  Method of "Pulling" Routes.   Regular crew chiefs will be held responsible for "pulling"
routes (routing the truck on the collection route) in the manner prescribed by the Director.
Any desired variation from this method  must first have the approval of the foreman.  Any
unavoidable variations must be reported to the foreman.  The use of private driveways or any
private property for the purpose of maneuvering the truck should be avoided.

5.08  Diversion of Truck.  Drivers  shall  not take trucks out of the collection routes except
co travel  the most direct improved  streets or freeways to and from the collection routes,
and shall  collect refuse only from  the  routes to which they have been assigned, except as
directed by their foreman or as provided  under paragraph 1.04 for lunch break.

5.10  Safety of Crew Members.  Crew chiefs shall operate their trucks with due regard to the
safety of  the crew and not in a manner  which will make their work more difficult or dangerous.
Collectors shall cooperate with their drivers at all times in matters affecting their own
safety as  well as that of the drivers (See Rule 5.12).

      All collection vehicles equipped with safety belts must be used whenever traveling to and
from  collection routes and disposal points, and also must be worn at all times when traveling
substantial distances between collection  points within a route.

5.12  Signals by Collectors.  Where a crew consists of two or more members, the collector shall
give  the necessary signals to the driver  when it is required for any reason to back, turn around
or maneuver the truck.

      The collector shall be or. the  ground in the direction from which traffic would approach
or where other hazards may exist, and in  plain sight of oncoming traffic.  He shall then alert
traffic as required, in sufficient  time before his truck is moved, to conveniently allow traffic
to stop or turn out of the way.

      When  required to give signals  to the driver, a collector must be in a position which will permit
the driver to see him, either directly  or by means of one of the rear-view mirrors on the truck,
and where  the collector  has an unobstructed view of the ground over which the truck is about to
be moved.  Signals by the collector shall be hand signals at all times.

-------
      It shall be the responsibility of the driver to see that the collector Is In proper
position to give him adequate signals and to alert other traffic to the presence of the
collection vehicle.  In giving adequate signals and alerting traffic, the collector must
avoid any indication of attempting to direct traffic.  Any failure by the collector to give
the required signals, after having been so directed by the driver, shall be reported by the
driver to the foreman.

     At no time shall signals be given for the purpose of gaining the right-of-way improperly
or for any movement in violation of traffic regulations.

     Collectors, as well as drivers, or both may be held responsible for accidents resulting
from failure of the collector to comply with this section.

5.14  Container Regulations.  Containers must be approved by Agency Regulations.  Employees
are prohibited from collecting solid waste contained in any container which is not approved.

     Again, courtesy is a key factor in maintaining a harmonious relationship with our customers.
Foreman will make the reqv.ired contacts with householders and will give crews any further infor-
mation or instructions which deviates from adopted procedures of collection.

5.16  Care of Containers.  Care shall be used in handling containers.  Crew members shall not
strike containers against the truck, nor throw containers or lids.

     Crew members shall return emptied containers to the approximate point where they were found
regardless of whether the containers do or do not conform to regulations governing size, weight,
condition, etc., except that cardboard cartons should not be returned but should be collected
together with their contents.

5.18  Emptying Containers.  Every reasonable effort shall be made to empty all refuse from each
container and crew members shall not set one'emptied container inside of ano: her.

5.20  Damage to Containers.  Whenever an employee damages a container or a lid or whenever a
container or lid is tound to have been damaged prior to the arrival of the crew, the driver shall
note the address at which the container or lid was damaged or was found damaged and shall promptly
report the circumstances to his foreman so that the foreman may make immediate contact with the
owner.

5.24  Location of Containers.  Containers, when empty, shall be returned to the point from which
they are tound.They shall be left in an orderly condition, inverted, and reasonably close to the
original position.

5.26  Unnecessary Noise.  Crews must work in harmony at all times and as quickly as possible.
Loud talking shall be avoided.  Containers and covers shall be set down quietly and not dragged
or thrown in a noisy manner.

5.28  Types, Quantity and Source of Solid Waste.  Solid waste shall be collected from all household
or other type of buildings to the extent specified by the solid waste ordinance adopted by the
entity with which the Agency contracts.

     When an employee finds set out for collection an item of solid waste which'is not approved
as to size or composition by the ordinance, the employee shall comply with the ordinance, and
the employee shall report the circumstance to the foreman as soon as practical.  The foreman
shall immediately contact the property owner so that a health hazard does not develop.

     Special attention shall be given to avoid the collection of hazardous items, such as
explosives, acids and caustics.

5.30  Collection Service Locations.  Collection of solid waste shall be made from customer's
location as required by the solid waste ordinance.

5.30  Telephoning from Route.  On those occasions when a crew has completed its collection assign-
ment without having received final instructions for the day from the foreman,  and the collection
vehicle has available space, the driver must telephone his foreman or the dispatcher and report
this circumstance.  If the dispatcher has previously received instructions to be relayed to the
crew, he will so advise the driver.  Where the dispatcher has not received such instructions, he
will contact the foreman and request directions which he will then relay to the driver.  The
driver must similarly contact the dispatcher whenever any unusual circumstance arises which will
prevent his compliance with the most recent instructions from his foreman.  The employee shall
be reimbursed by the Agency for any calls made from a pay phone, providing he gives the dispatcher
the number from which the call is placed.

-------
 5.3A  Capacity Loads.  Crew Chiefs will be held responsible for bringing in full loads
 except  in  the case of a  final  load for the day or as directed by the foreman.  Packer-type
 bodies  shall be  loaded until the full capability of the packing mechanism has been reached.

 5.36  Completing Collection Assignments.  Crews will be held responsible for the cleaning up
 of all  refuse set out for collection on routes or for other collection tasks to which they
 have been  assigned and for cooperating with other crews assigned to the same district.  Collectors
 are expected to be diligent in their observation of the location of containers to insure that
 all collections are made.

 5.38  Covers on Loads.   Drivers of trucks with packer-type bodies must see that the tail gate
 enclosure  panel  is in closed position when traveling between sections of routes or between
 routes  and disposal points.

     Drivers must be certain that canvas covers on open body type trucks are placed over the
 body at all times when carrying any items from points of collection to point of disposal, or
 at anytime when the distance or circumstances would permit contents to blow out.

 5.40  Handle Glass Carefully.  Crew members shall handle refuse In such a manner as not to
 increase the hazard to themselves from broken or flying glass.

     Employees are advised to  use extreme caution in handling flourescent tubes, and particu-
 larly to avoid breaking  them in any manner which might result in injuries.  Dust and custs
 from glass particles from such tubes can cause painful lingering injuries.

 5.62  Hauling Material Other than Solid Waste.  Collection crews shall not collect or haul any
 material except the type of solid waste which they have been assigned to collect and haul.
 Employees  are not permitted to carry on the truck any personal effects other than those
 essential  to the performance of their duties.

 5.4A  Salvaging and Scavaging.  All acceptable items of solid waste set out for collection must
 be collected by the crew and delivered to the designated place of disposal.  No item shall be
 placed  or  left at any point for later removal by an employee for his own use.

     Although under some circumstances an employee may obtain permission from his foreman to
 retain  a specific item for his own personal use, in no event will such permission include the
 retention  of returnable  deposit bottles or articles which by their nature are sold as "junk",
 such as copper, brass or aluminum fittings, wire and other items of nondescript size or shape,
 rags, glass, etc.

     The purpose of this provision is not to deny employees the small amount of salvage money
 they may receive but to  maintain efficiency, prevent unsightly accumulation of trash and to
 preserve the high status of the Agency and its employees.

 5.&6  Complete Delivery  of Solid Waste.  All solid waste collected must be delivered to the
 designated disposal point, where the complete load must be discharged.  No part of the load
 is to remain in the truck after such delivery.

 5.48  Collection of Solid Waste by Unauthorized Persons.   The collection of household solid waste
by private parties is permissable, provided the owner of an establishment, or other authorized
 person, has contracted for such private service.

     Where it appears evident  that solid waste which is normally collected by the Agency is being
 collected by others, the driver shall report such circumstances to the foreman, including evidence,
 if any, of improper handling of containers, spilled refuse, etc.  The license number of any vehicle
 involved,  if observed, should also be reported.

 5.50  Spilling of Solid  Waste.  Employees shall not permit solid waste to fall from the truck
while traveling trom the route to the disposal point or between routes.

     Loaders shall use extreme care to avoid spilling solid waste when emptying containers and
 shall load solid waste securely on the truck to avoid spilling when traveling between stops on
 the route.
     Any solid waste that is spilled during loading or while traveling shall be cleaned up
put in the truck.  Solid waste which has been spilled from containers set out for collectio
                                                                                           and
                                                                                         ion
before the arrival of the truck shall be cleaned up and placed in the truck.  However, foremen
shall be informed of this so that the foreman may  contact the householder so as to'eliminate
any future occurence.

-------
6.00  TRUCK  PROCEDURES  AT DISPOSAL SITES.

6.04  Directions by  Site Attendant.  Drivers must follow directions given to them by disposal
site attendants who  are responsible  for the placement of loads in the site area.

6.06  Vehicle Operation in Disposal  Area.  The driver shall not permit the collector to leave
the truck cab until  the vehicle has  come to a complete stop.  The loader shall then leave the
cab, walk to the rear of the  truck on  the  side opposite to the position of the driver and
shall then give the  driver adequate  signals to maneuver the truck to the specific dumping
point (See Rule 5.12).  Drivers shall  operate the trucks with due regard to the position and
operation of other collection vehicles, tractors, employees on foot, etc.

6.08  Spending Time  at  Disposal Sites.  Crews are not to remain at disposal sites for any time In
excess of that necessary to complete the unloading operation, contact their supervisors, or use
restroom facilities, etc.  Smoking is  prohibited at all times within the active unloading area
at all disposal sites.

6.10  Returning to Disposal Point or Headquarters.  Each member of the crew shall accompany the
truck to the disposal point or headquarters and assist with the unloading, refueling and cleaning
of the truck unless  other arrangements are made by the crew's supervisor.

7.00 EQUIPMENT;  OPERATION AND CARE.

7.02  Responsibilities  of Crews.  Of equal importance to the proper conduct of employees in the
performance  of their duties is proper care and maintenance of their equipment.  The presence on
the streets  of refuse trucks, neat and clean in appearance is definitely an asset to the Agency.

     Crew Chiefs and collectors should feel a very definite responsibility am pride in keeping
their trucks free of clinging refuse, dirt, dust and grime.  Hoods, cabs, tanks, covers and
bodies should be cleaned frequently, particularly the'insdie of the cab, which should be kept
free of dirt, and bottles, and similar refuse (See Rules 5.42 and 7.06).  Inspections of trucks
relative to  cleanliness shall be made periodically by foremen.

     Equipment repair employees are  assigned to the routine maintenance, inspection and lubrica-
tion of all  trucks.  However, each crew is responsible for keeping its truck clean.

     Drivers responsibilities include proper operating ability and knowledge of their equipment
and its components including  such auxiliary items as packer-mechanisms and auxiliary engines.
As an aid in maintaining trucks at the highest possible mechanical standard, crew chiefs are
required to  perform certain inspections as designated in the "Driver's Vehicle Preventive
Maintenance  Report" and to make the  appropriate notations so that prompt correction of defects
can be made.  (See Rule 7.20).

     A primary obligation is  the crew chief's duty to note on the report his daily complete
speedometer  reading.  He must also check the appropriate box when the speedometer reading reaches
the mileage  shown on a  sticker placed on the speedometer indicating when preventive maintenance
servicing is to be done.

7.04  Motor  and Truck Care.  Drivers shall not "race" truck motors while warmin up, and shall
not permit motors to idle for long periods of time.  Drivers of trucks equipped with dump hoists
shall not unnecessarily rock trucks while body is in dump position.  The driver shall avoid
careless operating practices which may result in damage to the truck or body, such as scuffing
the tires against the curbs,  "riding" the clutch pedal, etc.

7.06  Collectors Assist Drivers.  Collectors must assist drivers in preparing the trucks for
starting, cleaning, fueling, and any other activity in accordance with the provisions of these
Rules and Regulations.

7.08  Safe Operation at all Times.   Drivers must operate trucks in a safe manner at all times,
under spedtied circumstances, collectors shall assist the driver in maintaining established
safety standards (see Rule 5.12).  Consideration must be given to conditions of brakes, grade
of street, size of body, weight of load, condition of street surface, presence of pedestrians,
other vehicles, trains  and any and all other itmes affecting the safety of operation.  When the
truck is left unattended, the engine should be shut off, when collecting on the route, and the
parking brake set.  On  hills, front wheels should also be turned toward and against the curb or
other restriction adequate to hold the truck at rest before leaving the truck unattended.

     For reasons of safety and courtesy, drivers shall yield the right of way to other vehicles
offering the slightest  challenge, legal or otherwise.  Stopping for the purpose of collecting
refuse by standing alongside a vehicle parked at the curb is tolerated only when there is no
place at the curb to park within reasonable distance of the refuse to be collected and is limited
to the actual time involved in making the collections.

-------
 7.10  Observing Traffic Laws.  All employees shall operate their equipment in conformity with
 all trat tic laws.  Employees will be held responsible for any accidents resulting to Agency
 or privately-owned vehicles or property, as a result of their careless or negligent action.

     Refuse collection vehicles must be operated on the right side of the roadway in conformance
 with the traffic laws of the State of Iowa.  The man at the wheel of the truck will be held
 responsible for the observance of all traffic laws and the safe operation of the truck.

 7.14  No Riders.  Drivers shall not permit any unauthorized person to ride on the truck.

 7.16  Street Barricades.  Drivers shall not drive trucks through or over or move barricades
 that are placed on the street to control traffic, unless permission to do so has first been
 obtained from the person in responsible charge of the work being protected by the barricade.
 Drivers shall report such cases to their foreman immediately upon observing them.  Where
 drivers are aware of such conditions before the start of the shift, they shall advise the
 foreman so that he may supply them with hand trucks or other equipment necessary to make
 collections from such locations where access is not obtainable.

 7.18  Cleaning Trucks.  Crew Chiefs will be held responsible for the removal of refuse clinging
 to the vehicle after each load.  Interior of cab shall be kept clean at all times and shall not
 contain miscellaneous and nondescript items.  Collectors shall assist drivers in completing
 these tasks.  (See Rule 7.06).

 7.20  Reporting Needed Repairs.  Any needed repairs or adjustments of the truck or its
 appurtenances or any abnormal usage of oil, water or fuel, shall be reported by the driver,
 at the end of the trip during which the condition is first noted, by use of the "Driver's
 Daily Vehicle Preventive Maintenance Report".  Drivers shall not report needed repairs to
 the mechanics.

     No repairs or adjustments except minor field adjustments as necessary to keep the truck
 operative are to be made to trucks by any persons other than authorized equipment repair
 employees of the Agency.

     Drivers shall not operate their trucks in the event a condition arises which might cause
 damage to the engine or other parts of the mechanism  through lack of water or oil, broken fan
 belts, flat or deflated tires, improperly adjusted or damaged clutches, burned-out bearings,
 broken parts in motor transmissions, differential, etc.  In any such case the driver shall stop
 the engine immediately and contact his foreman or office for instructions.

 7.22 Refueling Trucks.  All trucks must be refueled by the driver at the time and place specified
 regardless ol how much fuel may be in the tank or even if the truck is to be taken to the shop
 for repairs.  Trucks must not be refueled prior to the specified refueling time, except where
 there is a risk of running out of fuel.

 7.24  Tire Inspection at End of Shift.  Crew Chiefs shall inspect tires before going off duty
 and soft, flat or defective tires shall be reported immediately to the foreman so that they
may be repaired or replaced before the start of the next shift.

 7.26  Locking Trucks.  Unless otherwise instructed, drivers leaving trucks in the yard shall
 leave ignition key in switch of truck and shall not lock the cab doors or glove boxes.  Ignition
 shall always be turned off.

     In certain specific instances, drivers may be instructed to lock cab doors and turn in
 ignition keys to the office.

 7.28  Parking in Proper Stall.  The driver shall park his truck in its regularly-assigned stall.
 The truck shall be so parked within the stall as not to interfere with the movement of adjacent
 trucks.

 7.30  State Chauffeur's and Driver's License.  All employees who.are required by their job
 descriptions to operate any Agency truck or heavy motor vehicle on any public street or highway
 except for automobiles and pick-up trucks, must, as a condition to initial employment and as a
 condition to continuing employment, possess a current and valid State Chauffeur's License as
 required by law.

     All employees not listed above, who may have occasion to operate an Agency automobile or
pick-up truck on any public street or highway, shall as a condition of initial and continuing
 employment, possess a current and valid driver's license as required by law.

     It shall be the foreman's duty and responsibility to personally inspect the license of
each employee listed above, on or about the first working day of each month and report such
 inspection to his supervisor In writing.

-------
     No employee  shall be  permitted  to operate any Agency motor vehicle on public streets
or highways without  proper license as provided above except in emergency conditions as
described below:

     Any employee who possesses a valid drivers  license and is competent to operate a
collection truck, may in an emergency, with  the  specific approval of a foreman, drive a
collection truck  on  a public street  or highway for the purpose of moving the vehicle to
a place of maintenance or  repair.  This authority may include a trip to a disposal facility
to discharge  its  contents.

     It shall be  considered the responsibility of the employee to obtain and maintain any
required drivers  or  chauffeur's license.

     In the event an employee has his licnese revoked or fails to maintain a required
license the Director shall normally  place  the employee on "Suspension" without pay until
the employee  produces a valid and current  license.  Depending on the circumstances and the
best interests  of the Agency, the Director may,  in lieu of suspension, assign the employee
to duties not requiring the operation of a vehicle or may dismiss the employee.

8.00  MOTOR VEHICLE  ACCIDENTS.

8.02  Accident  Investigation Panel.  In order to assist employees in avoiding traffic accidents,
the Agency has  established an Accident Investigation Panel.  It is the function of this panel
to analyze accidents in which employees are  involved and to advise the employees of its findings.

     The Agency has  also established an award program under which safe driving practices are
recognized and  awards issued for accident-free driving periods of one, three, five, ten,
fifteen and twenty years,  respectively.

     All reports  of  accidents involving employees are reviewed.  In those cases where such
review indicates  the employee has clearly  taken  all reasonable steps to avoid the accident,
he is advised that he will not be required to appear.  The Panel is not a "Trial Board"
and no witnesses  appear against the  employee.  The Panel's interest is to determine what may
have been done  to have prevented the accident and, to learn this, the Panel reviews the report
of the accident and  discusses it fully.  The employee is later advised of the findings of
the Panel.

     In many  cases,  the Panel will find that the employee is in no way at fault.  In others,
the Panel will  determine the degree  of failure on the part of the employee to take steps to
avoid the accident.  Discipline may  be assessed  by the Director in those repetitive cases
of preventable  accidents.

8.04  Reporting Accidents.   In any case of a collision involving Agency-owned equipment which
 causes any personal injuries or damage to property (including mail boxes, tree limbs and
fences), no matter how slight, either public owned or privately owned, the driver must call
his foreman by  radio or the office by telephone.  A supervisor will determine whether or not
the Traffic Division of the Police Department will be called to make an investigation.  This
same procedure  must  be followed on all occasions of injury to persons or damage to property
resulting from  other than  a vehicle  collision, such as instances in which a person is struck
by a container  handled by  a collector.  In cases where the driver is accused of being involved
in an accident, and  of which he has  no knowledge, he shall obtain the license number of
the other party and  shall  call his office  by telephone.  A police investigation may also be
made in such  cases.

     In cases where  a collector is driving with  the permission of the foreman at the time of
the accident, the driver and the collector will  be held equally liable for failure to call the
dispatcher by telephone as  required  above.   Where the collector has knowledge of an accident
or an allegation of  an accident of which the driver is not aware, the collector must advise
the driver.

     In the event of an accident involving two or more Agency-owned vehicles either on or off
public property, or  damage  inflicted on Agency property within an Agency yard by Agency equip-
ment, the driver or  drivers will be  required to  report the accident on Agency Accident Forms,
copies of which may  be obtained in the office.   However, the Police Department will not be
called.

8.06  Reporting Injury to  Animals.   Whenever any animal is seriously injured or killed by an
Agency owned  vehicle, the driver thereof shall stop immediately and make a reasonable search
for the owner.  If the owner is found, the driver shall identify himself and report the cir-
cumstances of the accident  to the owner.

     He shall then advise his foreman by radio or the office by telephone.

-------
     Failure  to  call  the  foreman, dispatcher  or  office as  required under Rules 8.04 or
 8.06 may  subject an employee  to  Immediate discipline.

 6.08   Procedure  at  the  Accident.  The driver  must  remain at the  scene of the accident until
 the Investigation Is  complete and request the other party  also to remain.  In all cases, the
 driver should obtain  the  full name, address,  license number, etc., as well as the names and
 addresses of  other  persons  involved or  In the other vehicle and  shall give the other parties
 his name, address,  and  registration number of the  vehicle  he is  driving; and shall, upon the
 request by the other  party, exhibit his chauffeur's or driver's  license.

     He shall obtain  the  names and addresses  of  all witnesses and report such information on
 forms  provided for  that purpose.

     It Is the crew chief's responsibility to see  that a supply  of such forms is in his
 vehicle at all times  and  when necessary, to obtain such forms from his foreman.

     Failing  to  stop  and  give Infcarnation (or aid, in cases of injuries) when Involved in an
 accident  is a violation of  the Code of  the State of Iowa and, upon conviction, such violation
 may be punishable by  fine or  imprisonment or  both  fine and imprisonment.

     The  Agency  Attorney  requests that  employees who may be involved in an accident Involving
 Agency-owned  equipment  shall  make no statement as  to their responsibility for the accident to
 any person other than the investigating police officers, but shall refer the inquirer to the
 Agency's  office.

 9:00   COMMENDATIONS.    Commendations are issued  to employees as  the result of specific instances
 ot exemplary  conduct  and  in recognition of periods of outstanding service.  Bases of such commenda-
 tions  shall include,  but  not  be  limited to, accident-free  or injury-free services, unusual acts
 of good citizenship,  conduct  earning exceptional public esteem or recognition, etc.  (See also
 Merit  Pay under  2.03b).

 10.00  DISCIPLINE.  Discipline, under these rules, will be  administered by the Director.  The
 Director will  determine the disposition of any item arising from circumstances not specifically
 covered in these  rules  and regulations, subject  however, to paragraphs 3.08, Appeals and Hearings,
 and 11.00 Employee Complaint  Procedure.

 11.00  EMPLOYEE COMPLAINT  PROCEDURE.  Under an established  Employee Complaint Procedure, adopted
 by the  Agency, employees  may  make requests of their supervisors  for review of complaints dealing
with such items as assignments, working conditions, and time off.  Information regarding the
 details is available  at the Office.

 12.00  LANDFILL OPERATIONS.

 12.01   Responsibility and Authority of  Foreman at Disposal Facilities.  The foreman at each
 disposal  facility is  responsible for the sate and proper operation of the facility.  All employees
assigned to the facility  shall work under his direction.   All other employees who must enter
 and use the facility  shall be subject to his  authority while on  the premises.  This authority.
 specifically  includes but is  not necessarily  limited to the direction of traffic, unloading
 procedures and locations, litter and dust control, priority of vehicles, fire prevention, and
 other matters  involving Agency vehicles and crews, and private haulers.  He shall have authority
 to accept or  reject hazardous material  or other  materials  subject to rules established  by the
Agency.

 12.02   Responsibility of  Employees at Landfill.  Employees shall perform duties as assigned. It
 shall be their duty to assist and cooperate with other employees as to achieve a harmonious
 function of operations at the landfill  site.   They shall report  to their foreman any irregularities
or situations  where those using the landfill  are not complying with established rules and
 regulations.   (See also Paragraph 12.03 - Safety at Landfill).

 12.03   Safety  at Landfill.  Equipment shall be operated in a safe manner at all times.  Roll bars
 shall be used  on all crawler-type and rubber  tired equipment.  Machine guards shall be maintained
and 'shall not  be removed  from equipment while equipment is running or being operated.  All
motorized equipment including crawler-type, rubber-tired,trucks and tractors shall be equipped
with warning devices when traveling in  reverse and employees shall not operate equipment when
these devices  are not operating properly, except to move it to a place where device is to be
 repaired.  Seat belts shall be installed and used by all employees on all mobile equipment.

-------
      Employees shall use extreme care when working with or near heavy equipment so as to not
 endanger themselves, fellow employees or customers using the landfill.   Each employee shall  be
 especially alert to warn others of the dangers should they see others doing anything of a dangerous
.nature,  especially as regards walking in areas of the landfill where there is danger of heavy
 earth moving equipment operators not being able to see those on the ground.
 12.04 Maintenance and Service of Equipment.  Employees assigned to servicing of equipment
 shall do service work in accordance with manufacturer's recommendation and the procedures and
 schedules established by the foreman.  Employees operating equipment shall check to see that
 equipment is serviced when the service work is due.
 12.05  Salvaging and Scavaging.  The provisions of paragraph 5.44 shall apply to the employees
 performing duties at the disposal facility as well as those performing duties on the collection routes.
 13.00 WORK STOPPAGES PROHIBITED.  Employees are prohibited from participating in work stoppages,
 and the  Agency shall not engage in any lock out of employees, but, both parties shall have access
 to the grievance procedure and binding arbritration as set forth in paragraph 3.08, Appeals  and
 Hearings.  Violation of this rule is grounds for disciplinary action as set forth in section
 3.UU, afiployee Conduct.
                                        APPENDIX I
 The following wage scales will apply to all permanent and temporary or part-time employees of the
 Des Moines Metropolitan Area Solid Waste Agency during the period of January 1,  1972 - January 1, 1973.
     CLASSIFICATION
 Solid Waste Crew Chief
 Truck Driver
 Solid Waste Collector
 Solid Waste Utility Man
 Solid Waste Attendant
 Equipment Mechanic
 Heavy Equipment Operator
 Medium Equipment Operator
 Light Equipment Operator
 Equipment Lubricator
120 DAYS
$4.00
$3.90
$3.80
$3.72
$3.72
$4.70
$4.80
$4.64
$3.90
$3.90
 MUNICIPAL LABORERS UNION
 LOCAL 353
                                                             AGENCY D1KECXOK
 LOCAL 90,  I.B.T.
 LOCAL 2.11*,  I.U.O.E.

-------
                         APPENDIX   II  - JOB SPECIFICATIONS
                                Equipment Mechanic

                                Heavy  Equipment Operator
                                Medium Equipment Operator

                                Light  Equipment Operator

                                Equipment Lubricator

                                Solid  Waste Crew Chief

                                Truck  Driver
                                Solid  Waste Collector
                                Solid  Waste Utility Man

                                Solid  Waste Attendant
                                   EQUIPMENT MECHANIC


DEFINITION

     Under supervision,  to  perform major and minor mechanical repairs on various kinds of
gasoline and diesel  powered equipment and to do related work as required.

EXAMPLE OF DUTIES

     Inspects, diagnoses and repairs mechanical defects in automobiles, trucks, graders,
packers, compactors, bulldozers, front end loaders, scrapers, rollers, mowers, and other
mechanical equipment; tears down motors and performs general overhauling; grinds valves;
repairs transmission, clutches, differentials, carburetors, alternators, universal joints,
hydraulic systems, pins  and bushings; final drive; adjusts brakes and clutches; installs
auxiliary equipment, batteries, tires, wiring, door glass, door handles and brakes; performs
welding as necessary for replacement, repair or build-up of tracks, rollers, sprockets and
idlers; drives tow truck or welding truck for field service; maintains records of repairs
made, work orders and time  worked; works in the field and in the shop as assigned.

EMPLOYMENT STANDARDS

     Education and Experience;  Graduation from high school, and two years experience as
skilled equipment mechanic, or an equivalent combination in which each additional year of
experience may be substituted for one year of education.

     Knowledge and Abilities;  Knowledge of the principles and operation of gasoline and
diesel equipment and its components; knowledge of the methods, tools, equipment, and
materials used in the repair and maintenance of motorized construction equipment; ability
to operate mechanical testing and repairing devices for servicing and repairing equipment;
ability to estimate time and'materials needed to complete a job; ability to read mechanical
diagrams; ability to operate a tow truck and its accessory equipment safely and efficiently.

     License or other requirements;  A valid chauffeur's license issued by the State of Iowa.


                                HEAVY EQUIPMENT OPERATOR

DEFINITION

     Under general supervision, to operate and maintain heavy power equipment in solid waste
collection and disposal work; and to do related work as required.

DISTINGUISHING CHARACTERISTICS

     This class is distinguished from Medium Equipment Operator in the type of equipment used
and the degree of complexity of such equipment.  Heavy Equipment Operator typically operates
power equipment with crane  or boom attachments of 1^ C.Y.  bucket size capacity, track-type
tractors, dozers or loaders and wheel type dozers or loaders of 170 FWHP or larger, wheel
compactors of 200 FWHP or larger, motor graders of all sizes on finegrade work and wheel
tractor scrapers and/or self loading wheel tractor scrapers of over 20 C.Y. capacity.

-------
EXAMPLES OF DUTIES

     Performs skilled solid waste collection and disposal work; operates complicated industrial
or construction equipment; lubricates and makes minor repairs and adjustments to equipment;
excavates, loads and hauls dirt and other materials; rips frost; compacts solid waste; backfills
and compacts cover dirt; compresses and covers car bodies and other heavy objects; gives training
and work instructions to helpers.; performs other assigned duties incliding operation of other
equipment regardless of size, as directed, for collection, transfer and disposal of solid waste;
makes reports concerning equipment used and repair needed.

EMPLOYMENT STANDARDS

     Education and Experience; Completion of the tenth grade and five years of experience in
the operation ol motorized construction equipment, including one year with heavy equipment
of size specified above, or an equivalent combination in which each additonal two years of
heavy equipment operation experience may be substituted for one year of education.

     Knowledge and Abilities;  Knowledge of the mechanical operation of heavy diesel and gas-
powered solid waste collection and disposal equipment; knowledge of the maintenance of this
equipment; skill and ability in the operation of this equipment; manipulative skill and
mechanical aptitute; ability to follow oral and written directions; willingness to do skilled
work in connection with the equipment operation; willingness to perform other work related to
collection and disposal of solid waste.

     License or other requirements;  Chauffeur's License, State of Iowa.


                                MEDIUM EQUIPMENT OPERATOR

DEFINITION

     Under general supervision, to operate and maintain heavy power equipment in solid waste
collection and disposal work; and to do related work as required.

DISTINGUISHING CHARACTERISTICS

     This class is distinguished from Light Equipment Operator in the greater degree of
complexity of equipment used and the additional skill required.  Equipment used by Medium
Equipment Operators typically includes:  track-type tractors with dozer blades or loaders
and wheel type tractors with dozers or loaders of less than 170 FWHP, wheel compactors of
less than 200 FWHP, motor grader not on finegrade, wheel tractor scrapers of 20 C.Y. capacity
or less, truck or tractor and trailer combinations including the low-boy, and other equipment
of comparable difficulty.

FXAMPLE OF DUTIES

     Performs skilled solid waste collection and disposal work; operates complicated industrial
or construction equipment; lubricates and makes minor repairs and adjustments to equipment;
excavates, loads and hauls dirt and other materials; rips frost; compacts solid waste; back-
fills and compacts cover dirt; compresses and covers car bodies and other heavy objects; gives
training and work instruction to helpers; performs other assigned duties including operation
of other equipment regardless of size, as directed, for collection, transfer and disposal of
solid waste; makes reports concerning equipment used and repair needed.

EMPLOYMENT STANDARDS

     Education and Experience;  Completion of the tenth grade and two years of experience in the
operation ot motorized construction equipment, or an equivalent combination in which each additional
two years of experience may be substituted for one year of education.

     Knowledge and Abilities;  Knowledge of the mechanical operation of, and skill in operating
equipment listed under Examples of Duties specified above, truck-mounted snowplows, packer trucks,
and similar equipment; ability to maintain and make minor repairs to equipment; ability to under-
stand and follow written and oral instructions; willingness to do skilled work in connection with
the equipment operation; willingness to perform other work related to collection and disposal of
solid waste.

     License or other requirements;  Chauffeur's license, State of Iowa.

-------
                                 LIGHT EQUIPMENT OPERATOR

 DEFINITION

      Under general  supervision,  to operate the  less  complex motorized equipment or other
 equipment  in solid  waste collection and  disposal,  and  to do related work as required.

 DISTINGUISHING  CHARACTERISTICS

      This  class is  distinguished from Medium Equipment Operator  in the type of equipment used
 and  the  lesser  degree  of skill required.   Equipment  used by Light Equipment Operators typically
 includes rubber tired  tractors,  or 50 H.P. or less,  with various attachments, power spraying
 equipment;  wheeled  tractors  of 75 H.P. or less,  dump trucks, packer trucks, and other equipment
 of comparable difficulty.

 EXAMPLES  OF DUTIES
      Operates various  types  of motorized  equipment  in  performing the less complex solid waste
collection and  disposal work;  excavates trenches; loads and unloads trucks by machine; during
winter,  spreads sand and  salt  and  removes snow  from landfill site and transfer site roads;
assists  in varied  solid waste  collection  and disposal  work; does minor servicing and maintenance
on  assigned  equipment;; keeps  mileage  and service records; reports needed repairs to foreman.

EMPLOYMENT STANDARDS

      Education  and Experience;  Any combination equivalent to completion of the tenth grade
and one  year ot experience in  the  operation of  motorized construction and mai. tenance equipment.

      Knowledge  and Abilities;   Knowledge  of the mechanical operation of, and skill in operating:
rubber tire  mounted tractors with  various attachments, trucks, wheeled tractors; ability to
maintain and make  minor repairs to light  equipment;  ability to understand and follow written
and oral instructions; willingness to  perform other assigned tasks in solid waste collection
and disposal work.

      License or other  requirements; Chauffeur's license, State of Iowa.


                                   EQUIPMENT LUBRICATOR


DEFINITION

      Under supervision, to service and lubricate mobile and semi-mobile automotive, landfill
equipment and industrial  equipment; and to do related  work as required.

EXAMPLE  OF DUTIES

      Changes oil and filters;  lubricates  transmissions, differentials, generators, distributors
and other moving parts in light and heavy automotive and landfill equipment; checks and fills
master brake cylinders; lubricates,  fuels and services landfill equipment in the field; drives
an  assigned  truck,  including a tow truck,  to field  servicing locations; keep reocrds and prepares
simple reports.

EMPLOYMENT STANDARDS

      Education  and  Experience;   Completion of the tenth grade and one year of automotive and
construction-type  heavy equipment  servicing and lubricating experience, or an equivalent combination
in  which each additional  year  of such  servicing experience may be substituted for one year of
education.

      Knowledge  and  Abilities;   Knowledge  of the methods, materials and equipment used in the
servicing and lubricating ot varied automotive  and construction-type heavy equipment; ability
to  do such lubricating and servicing without  close supervision; ability to operate varied auto-
motive and construction-type heavy equipment; mechanical aptitute; ability to keep simple
records; ability to drive a  truck  safely  and  efficiently.

     License or Other Requirements;  A valid  chauffeur's license Issued by the State of Iowa.

-------
                                  SOLID WASTE CREW CHIEF


 DEFINITION

      Under general supervision,  to collect  solid  waste from  residential areas and do related
 work  as  required.

 DISTINGUISHING CHARACTERISTICS

      This  class differs from Truck Driver and Solid  Waste Collector in the responsibility which
 the Solid  Waste Crew Chief has in managing  and the safety of the collection crew with which he is
 associated; also in being responsible for the care and use of the equipment.

 EXAMPLES OF DUTIES

      Drives vehicle to and from collection  route; is responsible for care and use of collection
 vehicle; collects  and places solid waste  into packer truck;  drives vehicle on route; supervises
 Solid Waste Collectors working with him;  refers to foreman any questions of householders and
 public about solid waste containers, kinds  of solid  waste collected, and solid waste regulations;
 cleans storage yard and restroom facilities;  refers  complaints to foreman; reports to foreman
 any unsatisfactory solid waste containers;  prepares  packer truck for use; cleans up solid waste
 spilled; picks up litter and performs other manual labor tasks at Agency landfill, transfer
 station, office or equipment maintenance  facilities;  operates equipment when needed; performs
 other necessary duties as directed;  reports needed repairs to foreman; does minor servicing
 and maintenance on assigned equipment;  keeps mileage and service record.

 EMPLOYMENT STANDARDS

      Education and Experience;  Any combinations  equivalent  to completion of tne tenth grade and two
 years of experience in the operation of various types of trucks.

      Knowledge and Abilities;   Knowledge  of traffic  laws as  they apply to the operation of trucks
 and light  motorized equipment; knowledge  of the mechanical operation of trucks; knowledge of solid
 waste collection and disposal  practices;  ability  to  make repairs and adjustments  to equipment;
 ability  to follow  oral and written instructions;  ability to  operate a variety of trucks safely
 and efficiently; good physical condition; willingness to perform other tasks not ordinarily assigned
 to crew  chiefs.

      License or other requirements;   Chauffeur's  License, State of Iowa.


                                       TRUCK DRIVER


 DEFINITION

      Under immediate supervision,  to operate  trucks  and related equipment; to assist in loading
 and unloading trucks;  to perform related  solid waste  collection and disposal work; and to do re-
 lated work as required.

 DISTINGUISHING CHARACTERISTICS;

      This  class  differs  from Equipment  Operators  or  Solid Waste Crew Chiefs in the type of equip*
 ment  used.   Truck  Drivers operate  various types of trucks for a greater portion of their time than
 do Crew  Chiefs or  Equipment Operators and Truck Drivers generally collect solid waste not usually
 placed in  packer trucks.

 EXAMPLE  OF DUTIES

      Drives  a truck engaged in hauling  materials,  supplies and bulky solid waste; may operate
 tank  trucks  in hauling water or  sprinkling  roads;  spreads gravel, salt, sand, oil and other
materials  used on  roads;  dumps loads; acts  as  swamper in loading and unloading; picks up and
delivers supplies  and  personnel  as directed; drives automatic packer truck and collects and
hauls  solid  waste  on occasion; drives truck with  snow plow attachments; may operate other
equipment  of a comparable nature as  necessary;  patches roads, cleans culverts, cuts brush
and performs  other routine unskilled manual tasks; does minor service records; mows weeds;
performs other tasks of collection,  transfer and  disposal of solid waste as necessary; helps
with  litter  and vector control.

-------
 EMPLOYMENT STANDARDS

      Education and  Experience;    Any combination  equivalent to completion of the tenth grade
 and two  years  of  experience  in  the  operation of various  types of trucks.

      Knowledge and  Abilities;   Knowledge  of  traffic  laws as they apply to the operation of
 trucks and light  motorized equipment; knowledge of the mechanical operation of trucks; know-
 ledge of solid waste  collection and disposal practices;  ability to make repairs and adjust-
 ments to equipment; ability  to  follow oral and written instructions; ability to operate a
 variety  of trucks safely and efficiently; good physical  condition; willingness to perform
 other tasks.

      License or other requirements;  Possession of a valid Chauffeur's license issued by
 the State ot Iowa.


                                  SOLID WASTE COLLECTOR


 DEFINITION

      Under immediate  supervision, to collect solid waste from residential areas and to
 do  related work as  required.

 EXAMPLES OF DUTIES

      Collects  and places solid  waste into refuse  truck;  picks up containers and delivers them to
 refuse truck;  returns  containers; drives  refuse truck part-time; refers to foreman any questions
 of  householders and public about  solid waste containers, kinds of solid waste collected, and
 solid waste regulations;  cleans, storage yard and  restroom facilities; refers complaints to fore-
 man;  reports to foreman  any  unsatisfactory solid  waste containers; helps crew chief prepare
 packer trucks  for use; cleans up  solid waste spilled; picks up litter and performs other duties
 at  Agency landfill, transfer station,  office or equipment maintenance facilities.

 EMPLOYMENT STANDARDS

      Education and  Experience;  Any combination equivalent to completion of the eighth grade.

      Knowledge and  Abilities;   Ability to understand and follow written and oral instructions;
 ability  to maintain friendly relations with  the public;  ability to work effectively with others
 in  crew;  ability  to carry and work  around solid waste materials; ability to maintain equipment
used  in  clean  condition,  physical strangth and endurance; ability to drive a large truck safely
and efficiently;  willingness to perform other tasks not  ordinarily assigned to collectors.

      License or other  requirements;   Chauffeur's  license, State of Iowa.


                                SOLID WASTE  UTILITY MAN


DEFINITION

     Under direct supervision,  to perform various solid waste collection and disposal tasks
and to do  related work as  required.

EXAMPLE OF  DUTIES;

     Assists in all types  of general  duty tasks involved in collection, transfer and disposal
of solid waste; loads heavy  solid waste objects onto trucks; cleans transfer station; performs
tasks of  litter control  and cleanup, vector  control and  fire control at landfill; assists
 instrument man in surveying; moves  litter fence; directs traffic to active disposal area at
landfill; cleans  premises; plants trees.

EMPLOYMENT  STANDARDS

     Education and Experience;  Any combination equivalent to completion of the eighth grade.

     Knowledge and Abilities;   Ability to read and write and to understand oral and written
instructions;  ability to perform heavy manual work for extended periods while being exposed
to dust and inclement weather; willingness to perform all types of assigned tasks.

-------
                                  SOLID WASTE ATTENDANT


DEFINITION

     Under general supervision, to attend gate or scales at solid waste collection or disposal
facilities; to receive and account for cash and checks at a payment facility; and to do related
work as required.

DISTINGUISHING CHARACTERISTICS;

     This class is distinguished from Solid Waste Utility Man in that the Attendant  will
generally be employed to attend the gate or scale house at the landfill site Or transfer
station for collection of fees or directing of traffic, while the Solid Waste Utility Man
performs labor in performing other tasks.

EXAMPLES OF DUTIES:

     Attends gates and receives cash and checks at transfer station or landfill site and Issues
receipts; balances and lists cash received each day; directs traffic to disposal point at transfer
station and landfill site; keeps scale house and premises clean and neat.

EMPLOYMENT STANDARDS

     Education and Experience;  Graduation from high school and two years of experience in
fiscal clerical work, or any equivalent combination in which education and experience are inter-
changeable at the rate of one year of education for one year of experience.

     Knowledge and Abilities;  Knowledge of the methods and procedures usually followed in receiving
and accounting tor money; knowledge of general office procedures; ability to compute and make
change quickly and accurately; ability to keep accurate records and accounts; ability to meet
and deal with the public effectively and to maintain good relations.

-------
DOCUMENT  VI-1

                      CONTRACT AND AGREEMENT

This Contract and Agreement for engineering services is made and entered
into this    28th    day of     July       1969, by and between the Des
Moines Metropolitan Area Solid Waste Agency,  a public body formed through
the intergovernmental cooperation act (hereinafter referred to as the "Agency")
and Henningson, Durham & Richardson, Inc., a corporation incorporated
under the laws of the State of Nebraska, with its principal offices located at
Omaha, Nebraska (hereinafter referred to as the "Consultant"} under the fol-
lowing terms and conditions:

1.     The consultant agrees to perform the following services in connec-
       tion with the implementation of a solid waste management plan.

       a_.    General - The purpose of the proposed services  is to assist
             the Metropolitan Area Solid Waste Agency in establishing the
             system and means for implementing the  transferring of the
             solid waste collection and disposal services from the various
             public entities to a centralized management agency in the
             interest of efficiency.

             This to be accomplished within the framework of existing
             laws, ordinances,  rules and regulations, but with recom-
             mendations for changes found advisable  set forth for im-
             proving ease of management and functioning.  This to be
             accomplished in accordance with the participating public
             entities official action as to availing themselves  of solid
             waste collection and disposal or collection or disposal.

             The services substantially consist of consultation,  guidance
             and engineering design to  assist the agency in implementing
             the recommendations set forth in the "Report for the Des
             Moines Metropolitan Area  - Collection and Disposal of Solid
             Waste" - dated 1968.  Financial aid for the referenced study
             and investigation was provided by the Department of Health,
             Education and Welfare,  United States Public Health Service  -
            "'Grant No. 1 -DO1 -UI-00060-01.  The services  to include:

             (1)    Assistance to the Agency representatives and personnel
                   in laying out the  various phases,  organizational charts,
                   programs,  duties, etc.  to initiate the management plan.

             (2)    Providing consultation on staffing,  salary schedules,
                   fringe benefits,  personnel qualifications and developing
                   a  staffing chart. Providing final review upon completion
                   of the details by the Agency.

-------
(3)     Updating the financial requirements in the above-refer-
       enced report based on present day and future estimates
       in order to determine the monetary requirements for
       capital improvements, operating the Agency and for the
       provision of the services.  The  estimates in the report
       are based on 1967 dollar values.  Estimates of financing
       will be included based on the number of participating
       entities and the services desired.

       Fees or  charges to private collectors or  large individual
       producers of solid waste will be estimated and considered
       in the income to show capabilities of financing operations
       and for  debt service.

(4)     Consulting with the Agency's personnel on organization
       structure (down to the recipient of the service), laws,
       ordinances, and rules and regulations in  order to pro-
       vide the  engineering and technical data.   Upon completion
       of preliminary drafts of the documents or directives, the
       Consultant will review them for accuracy of engineering
       data and technical content.

(5)     Advising and consulting with the Agency's personnel on
       defining  the functions and responsibilities of the various
       sections and/or departments and the final review of
       management lines of communications and control and the
       reports, directives, etc. developed for implementing and
       assuring continuity of solid waste services during and
       after the transfer of the  services.

(6)     Consulting and working with agency personnel in developing
       agency and inter-entity procedures for billing (either the
       entity or within the entity); on procedures for collecting
       the  entities share of required monies and; setting up book-
       keeping procedures for  fiscal control.  This will require
       working  as a team with the Agency's personnel, and each
       entity's finance officer and/or clerk in accordance with
       the  individual services requested.  In addition to financial
       procedures, lines of communication will  require the same
       development as per each participating public entity's service
       in order to direct communications in such a manner that
       each service recipient can receive instructions, information,
       etc. in a rapid and efficient manner. The development of
       these  procedures will also bring out a firmer estimate of
       customers on which to project anticipated revenue.

-------
(7)     Assisting Agency personnel in developing a public re-
 *      lations program and means of keeping it updated and
       progressive.

(8)     Assisting and advising the Agency's staff on acquisition
       procedures for land and equipment acquired or selected
       for acquisition.  The consultant will assist in the selec-
       tion of the sanitary landfill sites and be of service in the
       area of public relations to assist in options and/or acqui-
       sition of the sites.

       In addition, an engineering study will be made to establish
       a fair value of equipment purchased from any participating
       public entity such as packer trucks, etc.  The consultant
       will work with the Agency's personnel in establishing
       monetary requirements and procedures for payment in the
       interest of minimizing overall costs to the Agency.

(9)     Consulting and working with the Agency's personnel in f.he
       laying out of collection routes in accordance with the par-
       ticipating public entities and their desire for collection
       services.

(10)    Completing detailed plans, specifications and contract
       documents for developing the sanitary landfill sites, in-
       cluding automobile area,  entrance,  scales and gate house,
       office and personnel facilities and shop and garage facili-
       ties for routine repairs.

       The services include  the locations for test drilling the
       area/s but the cost of drilling is to be borne by the
       Agency.

       It is understood that the necessary field information on
       which to  design will be supplied by the  Agency.  This
       includes  maps of the area to scale and  with appropriate
       contours and elevations thereon.

(11)    Assisting the Agency representatives in firming up the
       staffing requirements as the demonstration project de-
       velops, the detailed site design and facilities are com-
       pleted and the actual numbers of employees to staff the
       final facilities is determined.  Assistance will be provided
       in budgeting for  the finally determined  personnel and other
       costs and engineering estimates completed-for developing
       budgets for future years.

-------
             (12)    Assistance and consultation to the Agency's staff all
                    during the demonstration project for documentation of
                    the management organization, staffing, functions and
                    preparation for operation.   The final report will con-
                    tain a write-up of all avenues pursued, those accepted
                    and rejected with reasons therefore, a compilation of laws,
                    ordinances, rules and regulations and functioning directives
                    to serve as a manual of guidance for other areas of the na-
                    tion.  One hundred copies of the report will be printed and
                    supplied to the Agency.  Additional copies will be provided
                    for the cost of printing.

             (13)    As the demonstration project develops and sufficient  in-
                    formation is accumulated to warrant briefing the Agency
                    committees and elected officials the Consultant will assist
                    the Agency's  Director in presenting the various phases of
                    the report or briefing the Agency's representatives for him.

             (14)    A mutual understanding that the Consultant's personnel
                    will assist, advise and consult to the Agency's staff and
                    that it is  not intended to do the detailed work for them ex-
                    cept in the area of engineering design.  In the areas  of
                    engineering design such as the site development, etc. ,
                    the consultant will provide the engineering services in the
                    normal engineering manner. Preliminary plans will be
                    developed and reviewed with the Agency for agreement
                    and then the detailed plans, specifications and bid  docu-
                    ments prepared.

                    It is mutually understood that the Agency will not give the
                    Consultant written Notice to Proceed until the Agency re-
                    ceives formal approval of its application for a grant  of
                    Federal funds, toward the  defrayment of the costs  hereof,
                    from the  Office of Solid Waste of the United States  Depart-
                    ment of Health,  Education  and Welfare.

2.      Compensation

       In compensation for all services provided under this agreement, the
       Consultant will be paid a lump sum of One Hundred Eight Thousand Dol-
       lars ($108,000.00)  payable as follows:

       a_.    One-fourth (1/4) upon completing 25% of the work as agreed  upon
             with the Agency's Director.

       b_.    An additional one-fourth (1/4) upon completing 50% of the work as
             agreed upon with the Agency's Director.

-------
       £.    An additional one-fourth (1/4) upon completing 75% of the work as
             agreed upon with the Agency's Director.

       d.    An additional one-fourth (1/4) upon filing of the documentation re-
             port with the Agency's Director.

       It is mutually agreed that payment for such services shall be from funds
       made available through the Office of Solid Waste of the United States  De-
       partment  of Health,  Education and Welfare,  and from amounts budgeted
       by the Agency, provided, however, that in the event the Agency does not
       receive formal approval of a grant of Federal funds from the Office  of
       Solid Waste of the United States Department of Health, Education and Wel-
       fare, toward defrayment of the costs of this contract, on or before Janu-
       ary 31,  1970, then this Contract and Agreement shall be void and of no
       effect.

       It is further agreed that  the Demonstration for Implementing the Man-
       agement Plan may extend up to two (2) years in time.

3.     Additional Services
       If, however, additional services by the Consultant are required for the
       success of the project (such as obtaining field information on the sites)
       and cannot be provided by the Agency, the Consultant will provide addi-
       tional services, as previously agreed upon,  upon written notice by the
       Agency for an additional fee as follows:

             Compensation for extra services as  covered by written
             Notice to Proceed shall be based on  payroll costs times
             a multiplier of 2. 6 plus outside expenses.  Travel will
             be paid at twelve cents (12£) per mile by auto and thirty-
             five dollars ($35.00) per hour by private single engine
             aircraft.   Commercial travel, hotel, living expenses,
             supplies,  etc. will be at actual cost. Invoices for addi-
             tional services will be submitted to the Agency on a month-
             ly basis as the work progresses.
4.     Termination
       In the event any part of the work is abandoned at any time, the Agency
       shall notify the Consultant in writing so the services may be discon-
       tinued.  Payment for partially completed work, or abandonment of the
       project, shall be computed on a percentage of the work completed under
       each item, and payment shall be made within sixty (60). days after pre-
       sentation to the Agency of an invoice for the partially completed work.
       The Ownership of the work completely or partially completed  at the time
       of such termination or abandonment shall be retained by  the Agency.

-------
5.     General

       All invoices for engineering services shall be paid within thirty (30)
       days after date of invoice and if not then paid shall draw interest at
       the rate of six percent (6%) per annum until paid from date of invoice.
       Payment may be made in cash or by issuance  of registered interest
       bearing warrants.

       "Payroll" cost is defined as salary cost adjusted for sick leave,
       vacation and holiday pay, plus unemployment taxes,  social security,
       workman's compensation, retirement, medical and life  insurance
       benefits.

       The Consultant's services do not  include the testing of materials such
       as concrete, reinforcing steel, soil testing, test drilling, etc., as
       these are services rendered by commercial testing laboratories.  The
       services do not include the establishing of property corners.

Entered into at Des Moines, Iowa, by and between the below signed parties.

                                 HENNINGSON,  DURHAM & RICHARDSON, INC.
                                  By_
Approved:          '                       Paul Bolton, P. E.
R. L. Reins, Sr. Vice President
                                  METROPOLITAN AREA SOLID. WASTE AGENCY
                                            DES MOINE3.  IOWA
                                  Title  (_JxAtTL
-------
 DOCUMENT VI-2
                                          December 8, 1969



Mr. Robert C. Porter, Director
Des Molnes Metropolitan Area
Solid Waste Agency
1705 High Street
Des Molnes, Iowa

Dear Mr. Porter:

We have been advised that the Des Molnes Metropolitan Area Solid Waste Agency Is contemplating the
acquisition of certain properties both real and personal for the construction of sanitary landfill
facilities and the collection of solid waste within the Des Moines Metropolitan Area.  We further
understand that to finance these improvements and acquisitions the Agency is considering the employ-
ment of financial consultants specializing in the development and marketing of revenue bonds'and
to advise and counsel the Agency with respect to this financing.

We propose to assist the Agency as follows:

     1.)  We will develop with you and your engineers and attorneys a financing plan to carry out
          your desired goals either within the framework of existing laws of the State of Iowa or
          within new legislation to be developed and presented for adoption to the Iowa Legislature.

     2.)  Following the development of the financing program we will meet with you at convenient
          meetings to make the program known and accessible to all your members.

     3.)  If new legislation is required we will use our best efforts to contact members of the
          Iowa legislature to secure its timely adoption.

     4.)  We will analyze engineer's reports on estimated annual requirements of the Agency and
          make recommendations as to the extent to which supplemental secuirty for the bonds
          appears necessary or advisable to assure a favorable marketing of the Agency's bonds.
     5.)  We will outline the requirements for financing purposes of operating agreements,
          construction contracts and other legal proceedings incident to the Agency's marketing
          on favorable terms of the Agency's bonds.
     6.)  We will develope and present specific recommendations as to the Agency's bond issue,
          including revenue flows, issuance of additional bonds, sinking funds, maturity schedules,
          call features, security provisions and protective and other covenants to be included
          within the Agency's bond resolution.
     7.)  We will assist the Agency in drafting its official statement in connection with its
          financing and enumerate the statistical material, summary of engineers findings and
          reports, legal opinions and other pertinent data to be included as addenda to the
          official statement.
     8.)  We'will confer with Moody's Investors Service and if requested by you. Standard and
          Poors Corporation with respect to their assignment of favorable Investment ratings on
          the Agency's bonds and in connection therewith will present to them relevant data
          and information sufficiently in advance of the marketing of the bonds to permit the
          rating services to evaluate and rate the bonds prior to their offering.   If Standard
          and Poor's Corporation is to be contacted their usual fee of $.50 per $1,000 of bond
          Issue offered will be paid by the Agency.

     9.)  We will recommend the time when we feel the sale or sales of bonds should be scheduled
          based on our experience in the municipal financing field and upon approval by the Agency
          will prepare and distribute copies of the official statement to Investment bankers and
          other potential institutional investors as will best serve the needs of  the Agency.   The
          costs of preparation and distribution of the official statement will be  considered the
          responsibility of the Carleton D. Beh Co.

-------
Mr. Robert C. Porter, Director                                       December 8, 1969


To carry out the services as herein outlined we will utilize the services of several of our staff
who have had substantial experience In bond Issues of this type.  Chief among these will be the
following:

          Carleton D. Beh. Jr., Vice President
          Robert James Beh, Vice President
          Gene Strandberg, Treasurer

     Carleton D. Beh, Jr., BA, LID, will work with the Agency in the field of legislation, will
coordinate with designated Bond Counsel in litigation if required and will be primarily responsible
for overall development of the basic financial program, research, preparations of cash flows,  bond
resolutions requirement and preparation of official statement.

     Robert James Beh, BA, will work with the Agency in the field of market analysis making recommend-
ations as to bond sale timing and probable market reception.

     Gene Strandberg, BBA, CPA, will coordinate the numerical presentation Involved in all aspects
of financial programming and bond retirement particulars.

All of these representatives of the Carleton D. Beh Co. reside in Des Moines, Iowa, and will call
upon all other members of our staff to counsel with them on matters relating to the Agency's bond
issue.

We are to be paid a fee based on the services performed as financial consultant at an annual rate
of $2,500.00 payable in installments of $1,250 semiannual!/ beginning June 1, 1970.  To the extent
that travel outside the State of Iowa is required detailed out-of-pocket expenses will be presented
monthly to the Agency for reimbursement.  Such out-of-pocket expenses will be considered as an
additional fee.  When and as bond Issues are formalized and developed and the official statements
are prepared and distributed and the bonds of the Agency are sold at competitive sale and delivered,
we will be paid an additional fee of $2.50 per $1,000 par value of bonds so delivered.  At the
competitive sale the Carleton D. Beh Co. will participate in one of the bidding accounts  unless
the Agency indicates that they would prefer to have the Carleton D. Beh Co. abstain.  Should the
Agency elect to negjtiate the sale of its bond issue or issues with the Carleton D. Beh. Co., as
principal the fee above referred to relating to a payment of $2.50 per $1,000 will he waived.
Should the Agency elect to negotiate the sale of its bond issue or issues to other institutional
investors or to a group of investment bankers with the Carleton D. Beh Co. acting as agent tor the
Agency the fee above referred to relating to a payment of $2.50 per $1,000 will be paid the Carleton
D. Ben Co., upon the delivery of the bonds so negotiated.  If the bonds are not issued only the
basic consultant fee will be due the Carleton D. Beh Co.

This agreement shall be In effect for a period of 24 months from its date of acceptance and shall
be automatically extended from month to month thereafter as may prove necessary to.complete the
financing.  Should the financing be completed in less than 24 months this agreement will be auto-
matically terminated by the completion of the project unless extended by mutual agreement of the
parties.

Your acceptance of this proposal shall be evidenced by your execution of the acceptance clause
below on the enclosed copy hereof and delivery of it to us.

                                                  Respectfully submitted,

                                                  CARLETON D. BEH CO.
                                                       Carleton D. Beh Jr.
                                                       Vice President

The foregoing offer is hereby accepted for and on behalf of the Des Moines Metropolitan Area Solid
Waste Agency this	day of              ,1969. pursuant to resolution duly adopted.

                                                  DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY
                                                  By	

Attest:


By	
               Secretary

-------
 DOCUMENT VI-3
                                        ACCOUNTING MANUAL

                                             for the

                         DBS MOINES METROPOLITAN AREA SOLID WASTE AGENCY


 ACCOUNT NUMBERING  SYSTEM
           The  account number Is designed to:

           (1)   Provide a short and accurate cross-reference between bookkeeping entries.

           (2)   Assist In Identifying an account, and provide .a concise method of referring to it.

           (3)   Assist the bookkeeper in determining the relative sequence among accounts.

           (4)   Assist in a future conversion to electronic data processing, if this endeavor is
                undertaken.

           The  account number consists of six digits.  The first identifies the section of the ledger
 in which an account is carried:

           0 -  Current Assets
           1 -  Fixed Assets
           2 -  Other Assets
           3 -  Current Liabilities
           4 -  Long-term Liabilities
           5 -  Other Liabilities
           6 -  Revenue Accounts
           7 -  Expense Accounts
           8 -  Equity Accounts
           9 -  Unassigned

           The  second and third digits, always used together, identify the Individual ledger account.
 This series of numbers can begin with "00" and end with "99  in each numbered section of the ledger,
 providing  for  100 accounts in each section.  Accounts with different second and third digit numbers
 are completely independent of each other.  Accounts with "00" second and third digit combinations
 are either control accounts, or accounts with no subsidiary.  If two or more accounts have the same
 second and third digit combinations, one of the accounts must be a control account; and the remaining
 account(s) will be subsidiary.

           The  fourth and fifth digits also are always used together, and they identify subsidiary
 accounts,  of which the balances add to equal a controlling account balance.  A controlling account
 will have  fourth and fifth digits of "00  and all accounts subsidiary to it will have the sane second
 and third  digits as the controlling account.  The subsidiary accounts can have fourth and fifth
 digits beginning with "01" and ending with "99", providing for up to 99 subsidiaries with each account.
 Note that  an account may have second and third digits of  00" and still have no subsidiary accounts.
 If subsidiary  accounts do exist, however, their fourth and fifth digit combination cannot be "00",
 and their  second c-id third digits will be the same as their controlling account.

           The  sixth digit, which is independent of all others, identifies accounts that pertain to
 certain parts  of the Agency's operations, as follows:

           0 -  Entire agency, or unspecified components thereof
           1 -  Agency Main Office
           2 -  Collection Division
           3 -  Disposal Division, except Transfer Station
           4 -  Transfer Station

           The  sixth digit may be used on either an independent account, a controlling account, or
 a subsidiary account.

          Generally, any account should be carried in the general or subsidiary ledgers in strict
 numberical sequence.  If an account has no subsidiary accounts, and is not applicable to any specific
 part of the agency, only the first three digits are necessary.  The others, if used, should be zeroes.

          As an example, consider account number "033000."  The first digit, "0", tells that this
 account is a current asset.  The second and third digits, "33", tell where in the sequence of current
 asset accounts this account is carried.  The fourth and fifth digits, "00", tell that this account i:;
 independent, and that it is either a controlling account or it has no subsidiary accounts.  To deter-
mine whether or not it has subsidiary accounts it would be necessary to find out if there nre any
other accounts with the same second and third digit combination.   The sixth digit, "0", tells that this
account is applicable to no particular part of the agency.  It may, however, have subsidiary accounts
that are so applicable.

          Originally,  account numbers were assigned so that accounts could be added in any desired
place in the sequence of accounts.  That is, numbers were assigned so that a block of unassigned
possibilities exist between any two accounts.

-------
REVENUE ACCOUNTS
             GENERAL NOTE:  Subsidiaries should be maintained as desired for accumulation of
               management information.

             610002  COLLECTION REVENUE
             620003  DISPOSAL REVENUE
                     NOTE:  Subsidiaries for each disposal site are recommended.
             630000  OTHER REVENUE
                     630010  Interest on Investments
                     630020  Billing Fees
                     630030  Recoveries of Charged-Off Receivables
                     630040  Unclassified Revenue
EXPENSE ACCOUNTS
             GENERAL NOTE:  Subsidiaries should be maintained for each of the four principal
               organizational components

             703000  SALARIES AND WAGES
             706000  PAYROLL TAXES AND CONTRIBUTIONS
             709000  PROFESSIONAL FEES
             712000  HEATING AND LIGHTING
             715000  WATER
             718000  TELEPHONE AND TELEGRAPH
             721000  POSTAGE
             724000  PRINTING AND BINDING
             727000  ADVERTISING AND PUBLIC RELATIONS
             730000  SUBSISTENCE AND LODGING
             733000  PERSONAL TRANSPORTATION FARES
             736000  INSURANCE
             739000  RENT
             742000  VEHICULAR REPAIR AND MAINTENANCE
             745000  VEHICULAR LUBRICATION
             748000  VEHICULAR FUEL
             751000  VEHICULAR STORAGE AND PARKING
             754000  CHEMICALS AND LABORATORY SUPPLIES
             757000  MEDICAL SUPPLIES AND EXPENSES
             760000  BUILDING SUPPLIES AND EXPENSES
             763000  OFFICE SUPPLIES AND EXPENSES
             766000  INTEREST PAID
             769000  DEPRECIATION - BUILDINGS
             772000  DEPRECIATION - OTHER IMPROVEMENTS
             775000  DEPRECIATION - MACHINERY AND EQUIPMENT
             778000  DEPRECIATION - FURNITURE AND FIXTURES
             781000  UNCOLLECTIBLE RECEIVABLES
             784000  UNCLASSIFIED EXPENSES


EQUITY ACCOUNTS

     820000  NET EQUITY
             820020  Equity from Operations
             820040  Equity from Grants
             820060  Other Equity


CURRENT ASSETS
     GENERAL NOTE:  Accounts in this section normally carry debit balances,  with the exception
       of allowances for uncollectible assessments or receivables, which are normally credit
       balance accounts.  A "current" asset is defined here as an asset expected to be concerted
       into cash within one year.

00IQOp CASH;  Control account reflecting the sum total of all cash, whether  in kind or represented
  by bank deposits, that is available to the Agency.   Subsidiary accounts should be maintained
  for each bank account and each separate petty cash account.  Subsidiary petty cash accounts
  should be maintained on the Imprest basis.

     GENERAL NOTE - RECEIVABLES:  Each receivable control account is intended to show the total of
    a certain class of receivable.  Subsidiary accounts should identify each obligor.  If more
    than 99 debtors are expected in any one class of receivables, a departure from the numbering
    system is recommended, rather than an expansion of it.  Separate ledgers should be maintained
    for the subsidiaries to any highly active account.
       For the presentation of financial statements,  the balance of the receivable account should
     be shown gross, with the corresponding "estimated uncollectible" balance (if any) appended
     as a deduction.  The net thereof should be entered into the column of figures leading to
     total assets.
                                         /K3

-------
005000 MEMBERSHIP ASSESSMENTS RECEIVABLE:  Regular assessments, for operating purposes, to the
  member municipalities, including but not limited to assessments made under provisions of
  Section VII.' A. of the Intergovernmental Agreement.

009000 SPECIAL APPROPRIATIONS RECEIVABLE;  Special appropriations due to the Agency under provisions
  o£ Section VII. 5. of the Intergovernmental agreement.

011003 DISPOSAL FEES RECEIVABLE:  The sum of all receivables generated by the granting of credit for
  disposal privileges at any of the Agency's sites.  No amount billable as a membership assessment
  should be included.

013000 INDIVIDUAL ASSESSMENTS RECEIVABLE;  Amounts due from individuals for services under the pro-
  visions of Section V.(u) of the Intergovernmental Agreement.  This account will not be used unless
  a member municipality exercises the option for A ency billing available according to that section.
  This account represents amounts receivable from individuals only, and for collection and disposal
  services only.  Other receivables from individuals should be charged to account # 025000.  A sub-
  sidiary account should be maintained for each individual.  It is anticipated that the number of
  such subsidiary accounts will exceed the capacity of the numbering system, which is 99 subsidiaries
  for each controlling account.  It is recommended that these subsidiary accounts be filed in a
  separate ledger by municipality, and either alphabetically or by address within municipality.

017000 ESTIMATED UNCOLLECTIBLE ASSESSMENTS;  This account, with a credit balance, represents
  an estimate of the percentage of assessments for Agency services that will ultimately prove uncollec-
  tible.  The percentage is determined by Agency management based on experience and a conservative
  appraisal of future collection capability.  It is anticipated that the major portion of uncollectible
  receivables will arise from individual assessments (account # 013000) and from disposal fees
  (account # 011000), but if management determines that a portion of the membership assessments
  (accounts # 005000 and # 009000) will be uncollectible, then other accounts subsidiary to # 017000
  would be appropriate.

          The gross amount of receivables are debited to the appropriate account without regard to
  collectibllity, and all are retained there until each receivable is either paid or determined
  specifically to be uncollectible.  The "estimated uncollectible" account is originally created
  and periodically replenished by crediting in amounts representing estimated uncollectible as
  determined by management.  The offsetting debts are to the Uncollectible Receivables Expanse
  account (# 781000).  This estimate and entry should be made each operating period before expenses
  are closed, and should be based on receivables generated during that period.

          When any specific receivable is actually found to be uncollectible, it should be removed
  from its receivable asset account by means of a credit entry.  The offsetting debit is to the
  "estimated uncollectible" account, and has the effect of reducing the allowance available for
  future uncollectibles.  A receivable so charged off the books that is collected at some later date
  is recovered on the books by debiting cash and crediting the "Recoveries of Charged-off Receivables"
  (# 630030) account with the amount of the recovery.

          If the "estimated uncollectible" account is found to be either excessive or insufficient,
  current estimates of Uncollectible Receivables Expense should be adjusted.  Sufficient provisions
  of funds should be made in the "estimated uncollectible" account so that a balance always exists
  large enough to provide for current charge-offs from receivables.

021003 DISPOSAL FEES RECEIVABLE;    Represents the total auount owed the Agency for disporal of waste
  at any of the Agency's sites by patrons who are not billed for a combination of collection and
  disposal services through member municipalities.  Subsidiary accounts should be maintained for each
  debtor.

022000 DUE FROM OTHER GOVERNMENTAL UNITS; Represents the aggregate of any amount, due from a govern-
  mental unit, and not qualifying as any other type of receivable.

025000 OTHER RECIEVABLES:  Any receivables which do not qualify for inclusion in any other account
  will be included here, with subsidiary accounts necessary to identify obligors.

029000 ESTIMATED UNCOLLECTIBLE OTHER RECEIVABLES:  The title of this account explains its purpose;
  it relates specifically to account # 025000.For procedural aspects, refer to the description
  of account # 017000.

033000 INVESTMENTS:  The total book value of all investments of surplus Agency funds.  If all invest-
  ments are in short term, high grade securities, they are includable as current assets.  Otherwise,
  a corresponding account should be added under  OTHER ASSETS."  A securities register should be main-
  tained to identify each individual issue.  Securities register should be maintained to identify
  each individual issue.  Securities purchased at a premium or discount are recorded at acquisition'
  cost, with,the premium or discount spread over the life of the issue by debits or credits to in-
  vestment income, with offsetting entries to the Investments account.
FIXED ASSETS
          GENERAL NOTE - FIXED ASSETS:  This group of debit-balance accounts represents the value
           '• of tangible and durable assets, not directly consumed in operations, and having an
           ..expected life of several accounting periods.  Expendable supplies are excluded, although
            their values may, in some cases, be transferred to fixed asset accounts if they ore used
            in the fabrication of a fixed asset.  Account titles are, in general, explanatory of the
            items to be included.

-------
CHART OF ACCOUNTS
          Titles of control accounts are listed entirely in capital letters.  Titles of subsidiary
accounts, if assigned, are in lower case with initials only capitalized.  Titles of major balance
sheet sections are not numbered, are listed entirely in capitals, and are underlined.

          To add accounts to the chart, simply refer to the section of this manual which describes
the numbering system, and assign an appropriate number.  Then, insert the new number and title  in the
proper numerical sequence.  If space is unavailable, one or more pages should be retyped.  The  new
pages should be inserted in sequence, and the old ones removed from the manual.

          To delete an account, draw a single line through its title number on the chart.

          Wherever reference is made to "Disposal Division" in an account title it is understood to
mean "Disposal Division, except Transfer Station."  Reference to "Agency" in an account title is under-
stood to mean "Agency Main Office."

CURRENT ASSETS

     001000  CASH
             001010  Cash - Operating Funds
             001020  Petty Cash
             001030  Cash - Grant Funds
             001040  Cash - Payroll Account

             GENERAL NOTE - RECIEVABLES:  Subsidiary accounts should be maintained so as to identify
               each debtor or obliged party.
             OOSOOO
             009000
             011003
             013000
             017000
             025000
             029000
             033000
             103000
             106000
             107000
             109000
             110000
             112000
MEMBERSHIP ASSESSMENTS RECEIVABLE
SPECIAL APPROPRIATIONS RECEIVABLE
DISPOSAL FEES RECEIVABLE
INDIVIDUAL ASSESSMENTS RECEIVABLE
ESTIMATED UNCOLLECTIBLE ASSESSMENTS
NOTE:  This account will normally have a credit balance, and it should be deducted
  from the appropriate assessment receivable account(s).
OTHER ACCOUNTS RECEIVABLE
ESTIMATED UNCOLLECTIBLE RECEIVABLES
NOTE:  This account normally will have a credit balance, and it should be deduct-
  ed from the balance of account # C25000.
INVESTMENTS
NOTE:  A separate investments register is recommended in lieu of subsidiary
  accounts.
                     LAND
                     103011
                     103022
                     103033
                     103044
        Land - Agency
        Land - Collection Division
        Land - Disposal Division
        Land - Transfer Station
BUILDINGS
106011  Buildings
106022  -  -
106033
                    Agency
        Buildings - Collection Division
        Buildings - Disposal Division
106044  Buildings - Transfer Station
*ALLOWANCE FOR DEPRECIATION - BUILDINGS
107011  '"Allowance for Depreciatlnn - Agency Buildings
        *Allowance for Depreciation
        *Allowance for Depreciation
        *Allowance for Depreciation
                                                           Collection Division Buildings
                                                           Disposal Division Buildings
                                                           Transfer Station Buildings
                             Agency
                             Collection Division
                             Disposal Division
                             Transfer Station
                            - OTHER IMPROVEMENTS
107022
107033
107044
OTHER IMPROVEMENTS
109011  Other ImarQvements. •
109022  Other Improvements
109033  Other Improvements
109044  Other Improvements
*ALLOWANCE FOR DEPRECIATION
110011  *Allowance for Depreciation - Other Improvements
110022  *Allowance for Depreciation - Other Improvements
110033  *Allowance for Depreciation - Other Improvements
110044  ^Allowance for Depreciation - Other Improvements

MACHINERY AND EQUIPMENT
112011  Machinery and Equipment - Agency
112022  Machinery and Equipment - Collection Division
112033  Machinery and Equipment - Disposal Division
112044  Machinery and Equipment - Transfer Station
                                                                                Agency
                                                                                Collection Division
                                                                                Disposal Division
                                                                                Transfer Station

-------
              113000  *ALLOWANCE FOR UKI'KKCIATION - MACHINERY AND EQUIPMENT
                     113011  ^Allowance  for Depreciation - Machinery and Equipment - Agency
                     113022  ^Allowance  for Depreciation - Machinery and Equipment -
                               Collection Division
                     113033  *Allowance  for Depreciation - Machinery and Equipment -
                               Disposal  Division
                     113044  *Allowance  for Depreciation - Machinery and Equipment -
                               Transfer  Station
              115000  FURNITURE AND FIXTURES
                     115011  Furniture and Fixtures - Agency
                     115022  Furniture and Fixtures - Collection Division
                     115033  Furniture and Fixtures - Disposal Division
                     115044  Furniture and Fixtures - Transfer Station
              116000  *ALLOWANCE FOR DEPRECIATION - FURNITURE AND FIXTURES
                     116011  *Allowance  for Depreciation - Furniture and Fixtures -
                               Agency
                     116022  *Allowance  for Depreciation - Furniture and Fixtures -
                               Collection Division
                     116033  *Allowance  for Depreciation - Furniture and Fixtures -
                               Disposal  Division
                     116044  ^Allowance  for Depreciation - Furniture and Fixtures -
                               Transfer  Station
              118000  CONSTRUCTION IN PROCESS
                     118011  Construction in Process - Agency
                     118022  Construction in Process - Collection Division
                     118033  Construction in Process - Disposal Division
                     118044  Construction in Process - Transfer Station

                     *  Indicates a reserve for depreciation account (credit balance) which  should
                          be deducted from the corresponding asset account in the presentation  of
                          statements.
OTHER ASSETS
             205000   INVENTORY OF MATERIALS AND SUPPLIES
             210000   PREPAID EXPENSES
             215000   DEVELOPMENT EXPENSES
             220000   ACCRUED MEMBERSHIP ASSESSMENTS
             225000   ACCRUED INTEREST ON SECURITIES PURCHASED
             285000   UNCLASSIFIED DEBITS
CURRENT LIABILITIES
                            Subsidiary accounts should be maintained for each creditor or other
GENERAL NOTE:
  obligee.

305000  VOUCHERS PAYABLE
310000  UNAUDITED ACCOUNTS PAYABLE
315000  NOTES PAYABLE
320000  CONTRACTS PAYABLE
325000  DUE TO OTHER GOVERNMENTAL UNITS
330000  OBLIGATIONS UNDER GRANTS
335002  COLLECTION ASSESSMENTS COLLECTED IN ADVANCE
340003  DISPOSAL FEES COLLECTED IN ADVANCE
345000  OTHER INCOME COLLECTED IN ADVANCE
350000  ACCRUED EXPENSES
355000  PAYROLL TAXES OR OTHER CONTRIBUTIONS RETAINED
LONG-TERM LIABILITIES

             410000
             420000
             430000
        CONTRACTS PAYABLE - LONG TERM
        NOTES PAYABLE - LONG TERM
        OBLIGATIONS UNDER GRANTS - LONG TERM
OTHER LIABILITIES
             GENERAL NOTE:  Subsidiaries should be maintained so as to identify each grant.

             510000  UNEXPENDED GRANT FUNDS
             520000  OPERATING EXPENSES PAID FROM GRANT FUNDS
             530000  FIXED ASSF.T INVESTMENTS FROM GRANT FUNDS
             540000  DEVELOPMENT EXPENSES PAID FROM GRANT FUNDS
             550000  OTHER EXPENDITURES OF GRANT FUNDS
             590000  UNCLASSIFIED CREDITS

-------
               "Allowance  for Depreciation" accounts represent the cumulative estimate by rnanage-
            ment  of  the portion  of  the asset's original cost that has been depreciated to date.
            these accounts carry credit balances, and arc increased by offsets from periodic debits
            to corresponding expense accounts.  When an asset is disposed of, the portion of the
            "allowance" account  applicable to it is closed into the fixed asset account, and the net
            remaining will be the net book value of the asset.  Gain or loss on asset disposals
            are offset in the "Unclassified  Revenues" account (# 630040), if infrequent.  Otherwise,
            a  new account for that  purpose should be added.
               For presentation of financial  statements, the balance of "allowance" accounts are
            appended as a deduction to the gross cost of the corresponding asset.  The net thereof
            is entered into higher-order totals.
               Descriptions of subsidiary accounts are omitted in view of the generally self-explana-
            tory  titles.  Subsidiary accounts should be employed as necessary to identify the assets
            and depreciation allowances applicable to each major organizational subdivision.

103000 LAND;   The cost of ground owned by the Agency, exclusive of the value of any Improvements.
  These values will  not ordinarily  be subject to depreciation.

100600 BUILDINGS;  (See # 107000 below)

107000 ALLOWANCE  FOR DEPRECIATION - BUILDINGS:  The cost of buildings owned by the Agency on its own
  land, and buildings constructed as leasehold improvements on other land; the "allowance" account
  reflects the accumulated depreciation.

109000 OTHER IMPROVEMENTS;  (See #  110000 below)

110000 ALLOWANCE  FOR DEPRECIATION - OTHER IMPROVEMENTS;  The cost and corresponding depreciation of
  any long-term improvement, other  than buildings, such as permanent fences, concrete edifices, stor-
  age tanks, etc.

112000 MACHINERY  AND EQUIPMENT;  (See # 113000 below)

113000 ALLOWANCE  FOR DEPRECIATION - MACHINERY AND EQUIPMENT:  The cost and corresponding depreciation
  of machinery and equipment used in the A ency's operaions of collecting and disposing of waste.
  Excluded are furniture, and any fixtures~not directly related to these operations.  Included are
  all waste collection and disposal machines, vehicles, including agency-owned passenger automobiles,
  and office or business  machines.

115000  FURNITURE AND FIXTURES;  (See # 116000 below)

116000 ALLOWANCE  FOR DEPRECIATION - FURNITURE AND FIXTURES;  The cost and corresponding depreciation
  ot ottice furniture, and tixtures not directly relating to the Agency's operations.

118000 CONSTRUCTION  IN PROCESS:  The accumulated cost of assets converted or transferred to a fixed
  asset in the process of construction.  This account is intended as a temporary repository for costs
  of uncompleted  construction until the project is completed.  Unless construction is unduly delayed,
  assets carried  in  this  account will not normally be subject to depreciation.   Upon completion of
  construction, the  carrying value  should be transferred with a credit to this  account and a debit to
  some fixed asset account.  Subsidiary accounts for principal organizational subdivisions should be
  used.


OTHER ASSETS

205000 INVENTORY  OF  MATERIALS AND SUPPLIES;  Total acquisition cost of materials and supplies not
  yet committed or allocated.As supplies are issued, this account should be credited and an expense
  account debited.

210000 PREPAID EXPENSE;   The portion of any expense, other than those applicable to account # 205000
  (above.), which  is  applicable to a future accounting period.  An example would be the portion of a
  three-year license fee  applicable to the second and third years,  which would  be carried in this
  account during  the first year's operation.  In each of the second and third years a corresponding
  portion would be transferred to an expense account.

215000 DEVELOPMENT EXPENSES;  A  temporary repository for expenses,  tangible or  otherwise, associated
  with any project {.other than fixed asset construction) while uncompleted but  in process.   As an
  example, consider  the costs of a  feasibility study for a program ultimately  applicable to a speci-
  fic division of  the Agency.  If the program is determined to be feasible, the costs of the study
  will be charged to the Division concerned.  If it is found infeasible,  however,  and the project is
  abandoned, management may elect to allocate the cost over the entire Agency's operations.   It
  should also  be  noted that this account is appropriate for developmental expenses made over the
  course of more  than one accounting period.  This is contrasted with the regular expense accounts,
  which are routinely  closed at the end of each accounting period.

-------
 220000 ACCRUED MEMBERSHIP ASSESSMENTS:  As the Agency operates, an implied  right to receive  income
   It created simultaneously with the'  rendering of norvlcen by tha Agency.  If no provision* •xlut
   for either collecting the Income or billing or nnaeiialng a recnlv«blo until a later d/»t«, the
   Agency would be justified in recognizing these earnings by crediting Income accounts with a
   reasonably accurate estimate of accrued earnings.  However, since no cash is collected and no
   receivable can be created until the billing period ends, the offsetting debit can be to neither
   cash nor any receivable.  These debits are accumulated in "accrual" accounts, and specifically
   in this account when the Income being accrued is to be realized through membership assessments.
   When the assessment liability to a member is recognized, the amount of the assessment is debited
   to.the receivables account, and a credit for the same amount is made to the accrual account.
   If any balance, either debit or credit, remains in the accrual account, it is closed into an
   income account as a correction of the original estimate of accrued income.  Unless an unduly
   large balance remains in the accrual account, such closings may be delayed until the end of an
   accounting period.

 225000 ACCRUED INDIVIDUAL ASSESSMENTS;  Procedural aspects are identical to those of account #
   220000, except that this account is intended for accruals of income ultimately realizable
   through assessments of individuals billed by the Agency under provisions of Section V. (u) of
   the Intergovernmental Agreement.

 230000 ACCRUED INTEREST ON SECURITIES PURCHASED;  This account receives the debit for the amount
   paid by the Agency to the seller of an investment security (bought by the Agency) for Interest
   accrued to the seller since the most recent interest-paying date.  This amount will be carried
   in this account until the Agency receives its next interest on the investment in question.  At
   that time this account is closed into interest income.  If any appreciable volume of relatively
   small amounts were involved, closing could be delayed until the end of an accounting period.

 285000 UNCLASSIFIED DEBITS;  This account is intended to receive any debit qualifying under these
   requirements:
          (1)  The debit is not accurately described by any other account title.

          (2)  It is both insignificant in amount and Infrequent in occurance, therefore falling
                to justify the addition of an appropriately-titled account to the chart.

          As implied above, if the addition of an account to the chart to provide for an unforeseen
 or unusual situation will materially enhance the accuracy and fairness of the books, it should be
 done.  The "Unclassified Debits" account should be used very little.


 CURRENT LIABILITIES

  GENERAL NOTE - CURRENT  LIABILITIES;  These accounts normally carry credit balances.  Any lia-
    bility, to be considered "current", should be due for payment within one year.  Descriptions
    of subsidiary accounts are omitted, but sufficient subsidiaries should be maintained to identify
    each creditor in each account.

 305000 VOUCHERS PAYABLE;  The total of accounts payable, not evidenced by notes or contracts, that
  have been examined and duly approved for payment by the pro.per authority as designated by man-
  agement.  Payment is expected to occur within a short period of time.

 310000 UNAUDITED ACCOUNTS PAYABLE;  The total of all obligations which are expected to qualify for
   inclusion In account # 305000,but nevertheless have not yet been properly approved.  When
  approved, these obligations may either be paid immediately, or transferred to account # 305000
   for subsequent payment.

 315000 NOTES PAYABLE;  The total of current liabilities evidenced by promissory notes.

 320000 CONTRACTS PAYABLE;  Current liabilities under the terms of a specific contract.

 325000 DUE TO OTHER GOVERNMENTAL UNITS;  Current obligations to any unit of government which are
  not accurately described by other account titles.

 330000 OBLIGATIONS UNDER GRANTS;  Any obligations incurred under the terms of grants-in-aid; this
  account should take priority over other account titles which might also apply, so that separate
  accounting for grant funds is facilitated.

335000 COLLECTION ASSESSMENTS COLLECTED IN ADVANCE;   The total of collection assessments already
  collected, but for which no services have yet been rendered.   As services are rendered, pro-
  portionate amounts should be removed from this account and transferred to the appropriate income
  account(s).

340000 DISPOSAL FEES COLLECTED IN ADVANCE;   Procedural aspects are identical to those of account
  t 335000, except for the nature of the services provided,  as indicated by the account title, and
  the corresponding income accounts to which advance collections are ultimately transferred.

345000 OTHER INCOME COLLECTED IN ADVANCE;   Procedural aspects are identical to those of account
  # 335000, except for the nature of the services provided,  as indicated by the account title, and
  the corresponding income accounts to which advance collections are ultimately transferred.

-------
350000 ACCRUED EXPENSES!  Refer to the description of account # 220000 for procedural aspects of
  accruals.The accrual of expense Items, I.e., the recognition of expenses Incurred but not
  paid, is similar to the accrual of income except that debit-credit relationships are reversed.
  Subsidiaries should accurately Identify the actual expense accrued.

355000 PAYROLL TAXES OR OTHER CONTRIBUTIONS RETAINED;  If employees are paid, and the transaction
  Includes a debit to the PAYROLL lAXtb AND CONTRIBUTIONS account (# 706000), and a remittance
  for employee benefits is not made immediately to the appropriate governmental unit, insurance
  company, or other interested party, a credit should be made to this account to record the  lia-
  bility for later remittance.  This account is debited on remittance, or official recognition of
  a voucher payable.


LONG-TERM LIABILITIES:  Specific account descriptions are omitted in cases in which a similar or
  corresponding account is described under "CURRENT LIABILITIES/'  In these cases, the long-term
  accounts merely reflect obligations, or portions thereof, maturing more than one year in the
  future.  Adjustments between long-term and current liabilities are made by transfers at the ends
  of accounting periods.


OTHER LIABILITIES

   GENERAL NOTE - OTHER LIABILITIES:  These accounts, normally with credit balances, reflect lia-
     bilities for which the distinction of current vs. long-term is .either impossible, inaccurate,
     or irrelevent.  If however, an account under current liabilities appears to be applicable to
     a transaction, and doubt only exists as to the time element of maturity of the liability, it
     should be included in the current category in the interests of conservatism.
        Subsidiaries, although not described here, should be made so as to identify each creditor
     or guarantor.

510000 UNEXPENDED GRANT FUNDS;  This account is credited In the amount that a grantor remits to the
   Agency, at the time 6f receipt of grant funds.  The offsetting debit is to a cash account.
  As grant funds are expended, transfers should be made to accounts numbered 520000, 530000, 540000,
  550000, or any other account added to the chart to record the purpose of grant fund expenditures.
  At any time this account and its subsidiaries (if any) should show  the total of all grant funds
  remaining and not spent.  Note that each transaction involving grant funds requires two district
  entries:  one to record the receipt of cash to a current asset account and another to adjust the
  relationship between grant funds expended and unexpended.  Refer to the description of "grant
  funds expended" accounts, which follows:

520000 OPERATING EXPENSES PAID FROM GRANT FUNDS;  (See # 550000 below)

530000 FIXED ASSET INVESTMENT FROM GRANT FUNDS;  (See # 550000 below)

5AOOOO DEVELOPMENT EXPENSES PAID FROM GRANT FUNDS;  (See # 550000 below)

550000 OTHER EXPENDITURES OF GRANT FUND_S;  Refer to the description of account # 510000.   These
  accounts receive transfers trom that account, and are intended to identify grant fund expenditures
  by broad category.  Subsidiaries should be sufficient to identify each grant, and entry descriptions
  and/or numerical cross-reference should be sufficient to trace individual expense items to a
  specific grant and vice versa.

          At the close of an accounting period these accounts will reflect the extent to which grant
  funds  have enhanced the Agency's operations in that period.  When these accounts are closed into
  t 820040, "Equity from Grants", that account will reflect the cumulative effect of grants-in-aid.

590000 UNCLASSIFIED CREDITS:  Refer to the description of account # 285000.  Procedural aspects are
  identical, except that this account is intended to provide for similar situations concerning
  credits, instead of debits.


REVENUE ACCOUNTS

GENERAL NOTE - REVENUE ACCOUNTS:  These accounts, normally with credit balances,  reflect  the
  accumulation of income during an accounting period.   At the end of  an accounting period revenue
  accounts will be closed into account # 820020, "Equiy from Operations", unless  exceptional cir-
  cumstances Justify the use of "Other Equity", (# 820060).
     Subsidiary accounts should be maintained so as to provide management information of  maximum
  value.
     Revenue account balances and their total should be retained for  statement  presentation as an
  addend to the before-closing "Equity from Operations" balance.  The expenses  accumulated during
  the period are shown as deductions from the income items.
     Refunds, error corrections, or any other such transactions that  directly reduce revenue, should
  be shown as debits to income accounts - not as increments co expense accounts.

610000 COLLECTION REVENUE;  Income derived from the collection of solid waste,  as opposed to the
  disposalthereof.Subsidiaries should be maintained so as to identify the sources  of  income by
  municipality.

-------
620000 DISPOSAL REVENUE;  Income derived from the disposal of solid waste.  Subsidiaries should be
  maintained tor each disposal site, and for each member municipality which is billed either wholly
  or partially for disposal services.

630000 OTHER REVENUE;   (See # 630040 below)

          630010 Interest on Investments;  (See # 630040 below)

          630020 Billing Fees;  (See # 630040 below)

          630030 Recoveries of Charged-Off Receivables:  (See # 630040 below)

          630040 Unclassified Revenue;  This account and its subsidiaries describe income not
            directly related to the Agency's principal functions of collection and disposal.
            The "unclassified" account may be used for small and infrequent items which are not
            accurately  described under other titles.


EXPENSE ACCOUNTS

GENERAL NOTE - EXPENSE  ACCOUNTS:  Analogous to income accounts (above), expense accounts are tem-
  porary repositories for accounting information.  The amounts of expenses paid or accrued are accum-
  ulated, shown in statement form as deductions from income, with the net thereof an addend to the
  before-closing balance of "Equity from Operations" (# 820020).  The final sum should equal the
  after-closing balance of account # 820020, into which expense accounts are ultimately closed.
    Although expense accounts normally carry debit balances, they are carried in this section of
  the ledger due to convenient association with income and surplus accounts.
    Refunds, or other transactions which reduce expenses, should be treated as credits or rever-
  sals in expense accounts, not as increments to income.
    Subsidiaries are not described, inasmuch as subsidiaries to each account will be required in
  order to isolate the  costs of operation of the Agency Main Office, the Collection Division, the
  Disposal Division (less Transfer Station), and the Transfer Station itself.  These subsidiaries
  should immediately receive directly applicable expenses, and ultimately in each accounting period
  their proportionate share of overhead-type expenses will be transferred to them.

736000 INSURANCE;  The  portion of any insurance premium applicable to the current accounting period
  is debited here.

739000 RENT;  Rent for  buildings, grounds, or collection, disposal, or transfer equipment.  Rent
  for other items, such as office equipment, should be debited to the appropriate descriptive
  account - OFFICE SUPPLIES AND EXPENSE in the case of this example.

742000 VEHICULAR REPAIR AND MAINTENANCE:  (See # 751000 below)

745000 VEHICULAR LUBRICATION;  (See # 751000 below)

748000 VEHICULAR FUEL;  (See # 751000 below)

751000 VEHICULAR STORAGE AND PARKING;  Expenses associated with the above-cited vehicular categories
  should be debited to  one ot these accounts.

754000 CHEMICALS AND LABORATORY SUPPLIES;  Any chemical product, such as insecticides or dessi.'ants,
  that are not accurately described elsewhere, along with laboratory supplies.  A product such as
  cleaning solvent, however, would be more accurately described as  Building Supplies and Expenses."

757000 MEDICAL SUPPLIES AND EXPENSE:  Cost of first aid equipment and similar supplies, and minor
  medical bills, such as physical examinations of employees and treatment of minor injuries.  Major
  medical matters should be referred to the Agency Board of Directors.

760000 BUILDING SUPPLIES AND EXPENSE;  Expenses for Building Sanitation, Preventive Maintenance,
  and Minor Repairs that tend to be regular or recurring.  Major repairs that tend to directly and
  measurable contribute to the value of a building should be debited to a fixed asset account.
763000 OFFICE SUPPLIES AND EXPENSE;  Costs of minor expendable supplies,  and office machine rental,
  and other costs associated directly with office work.   •

766000 INTEREST PAID;  Interest payments on obligations  owed by the Agency.

769000 DEPRECIATION - BUILDINGS;  (See # 778000 below)

772000 DEPRECIATION - OTHER IMPROVEMENTS;  (See # 778000 below)

775000 DEPRECIATION - MACHINERY AND EQUIPMENT;  (See # 778000 below)

778000 DEPRECIATION - FURNITURE AND FIXTURES;  The portion of depreciation applicable as an expense
  to the current accounting period is identified here by organizational component in each sub-
  sidiary account.  The offsetting credits identify the  portion of the same  depreciation applica-
  ble to each asset.
                                      /rr

-------
781000 UNCOLLECTIBLE RECEIVABLES EXPENSE;  This account receives the debit(s) for estimated un-
  collectible receivables in an accounting period.

784000 UNCLASSIFIED EXPENSES;  Any minor and infrequent expense not accurately described elsewhere.


EQUITY ACCOUNTS

GENERAL NOTE - EQUITY ACCOUNTS:  These accounts reflect the cumulative results of operations, and
  are analogous to proprietorship accounts.

820000 NET EQUITY;  Control account for the subsidiaries described below.

          820020 Equity from Operations;  Receives closing entries from revenue and expense
            accounts.  Its balance will be a significant measure of the Agency's success in main
            taining non-profit status.

          820040 Equity from Grants;  Receives closing entries from the "Grant" accounts in Other
            Liabilities, and measures the Agency's cumulative benefit from grants-in-aid.

          820060 Other Equity;  Any equity resulting from conditions or events not associated
            with collection and disposal operations, and not necessarily applicable to deter-
            minations of profitability or lack thereof.  Large and/or unusual transactions
            which would distort the other equity subsidiaries should be recorded here.

-------
DOCUMENT VII-I


                                  CITY  OF  DES  MOINKS  -  AGENCY
                                 TEMPORARY SOLID WASTE  AGREEMENT


THIS AGREEMENT, made  and entered Into  this  I  day  of  November,  1970, and between the CITY OF DES
MOINES,  IOWA, a municipal corporation, and  the DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY,
of Des Molnes,  Iowa,  hereinafter designated as the "Agency".

WITNESSETH:

WHEREAS,  the Des Molnes Metropolitan Area Solid Waste  Agency,  hereinafter described as "the Agency"
was created and exists for  the purpose of serving the  needs of Its members In such matters of
collection and disposal of  solid waste as may be  agreed upon between such members and the Agency;
and

WHEREAS,  the City  of  Des Molnes,  Iowa, hereinafter described as " the City" Is a member In good
standing of such Agency and in a position to  contract  with the Agency for the solid waste
collection and disposal services hereinafter  enumerated upon the terms and conditions hereinafter
specified; and

WHEREAS,  the City  has anticipated and does  anticipate  that such a contract will ultimately prove
of substantial benefit to the City in  the natter  of  improved services to the citizens of the City
and greater efficiencies in the  rendition of  such services; and

WHEREAS,  the Agency is ready, willing and able to commence its functions as such Agency in service
to the City;  .                                                   •

                      IT IS  NOW THEREFORE  STIPULATED  AND AGREED as follows:

                             DIVISION  I.    PRELIMINARY PROVISIONS


     1.    It is the  contemplation of the parties that this Agreement will be amended, revised and
superseded by a subsequent  Agreement to be  executed  between these parties upon the resolution of
present  legal impediments to the operation  by the Agency of landfill operations upon its own site
or sites  and that  all the terms  hereof shall  be re-negotiated  between these parties based upon the
experience of these parties  till  date of  resolution  of such problems, and the circumstances exist-
ing as of such date under the guiding principle that the function of the Agency shall be to exped-
itiously  perform on a temporary  basis and subsequently upon a  more permanent basis the collection
and disposal functions of the City at the least practical cost to the City and its residents.

     2.    The City Manager  shall make periodic reports as to  the status of operations under this
Agreement to the City Council as  they may be  required  by law,  the City Council or individual mem-
bers thereof, and  in  any event no less often  than each anniversary of this Agreement.

     3.    The Agency Director shall make periodic reports as  to the status of operations under
this Agreement to  the Agency Board as they  may be required by  law, the Agency Board or individual
members thereof, and  in any  event no less often than each anniversary of this Agreement.

     4.    Unless  otherwise  specifically  conditioned or unless otherwise specified, the duties and
obligations assumed by the City  and the Agency under this Agreement shall become functional and
operational and shall commence or be carried  out  on  or before  November 1, 1970, in order that the
Agency may be in full performance by November 1,  1970, of those obligations it assumes under the
provisions of this Agreement.  Unless sooner  terminated by an  Agreement superseding this Agreement
or the specific provisions of this Agreement  or by other mutual agreement of the parties, this
Agreement shall terminate on the  31st day of  December, 1972.


                               DIVISION II.   GENERAL PROVISIONS


     5.   The Agency shall proceed to perform  for  the City those functions of solid waste collection
and disposal generally described  as those functions  heretofore performed by the Public Services
Department of the  City plus  the collection  of trash  and other  refuse, and more particularly des-
cribed as those functions of collection and disposal of solid waste proposed to be performed by
the Agency under that amendment  to the Municipal  Code  of the City of Des Moines as Chapter 52A
of said ordinance which is being  enacted  by the City Council of the City of Des Moines, contemp-
oraneously with the authorization of the  execution of  this Agreement.

     6.    The  Agency  will take and receive title  to  all  that personal property of  the  City which
Is at  the time  of  the execution  of this  Agreement in any way regularly or customarily  used by  the
City in  its garbage collection and disposal functions, including but not limited to all  packers,
bulldozers, compaction and  collection  equipment,  and pay to the City the appraised value of  such
personal property  as  such appraised value shall be determined  by an  independent appraiser to be
agreed upon by  the City and the  Agency.   Such appraisal  and such payment shall be at the times and
in the manner hereinafter specified.   A  schedule  of  the  personal property to be so transferred
is hereto attached, marked  Exhibit "A" and by this reference made a part hereof.

-------
     7.    The Agency shall assume the status of employer of all City employees presently assigned
to the collection and disposition of solid waste, except those who shall decline employment by the
Agency upon such terms of employment ns the Agency nhnll prescribe.

     8.    The Agency shall assume all legal oblU.nlloin of the ClLy to the nald funnloyen*, whether
                                                                                  th wnc
                                                  .
 created  by contract,  ordinance  or  othnrwlnu,  nrul iiutko  npproprl.nLc nrr/iiif.cmontii  (with  wnch
 from the City  as  is hereinafter provided)  to  fund mul  continue nil  retirement,  sick  leavn, holldny,
 vacation and other benefits which  have  accrued  to said employees as of October  31, 1970.  The  pro-
 visions  of this program  shall not  be  construed  to require  the Agency to create, maintain or  recog-
 nize Civil Service status  in such  employees or  Civil Service rights in such employees as the successor
 employer to the City, nor  to require  the Agency to assume  or fund any retirement or the statutory
 benefits covering any period prior to November  1, 1970.

      9.   The City will make available to the  Agency the Harriett Street site consisting of approx-
 imately  43 acres of land in the vicinity of East 15th  and  Harriett  Streets in the City of Des Moines,
 Iowa, together with "the Dutcher property" addition thereto hereinafter contemplated for the exclu-
 sive  possession, control and use by said Agency, subject to the terms and conditions of this Agree-
 ment.

      10.    The City will retain the exclusive possession,  control and use of the Southeast 30th
 Street site now owned and  operated by the City, and continue to operate such facility, to receive
 and  accomodate solid  waste other than that originating from collection as described in para-
 graph five.

      11.    It  is understood and agreed  that the Agency is  an independent agent and Is not an
 employee of the City  and that said Agency shall be solely  and completely liable and responsible
 for  any  person or persons  employed by said Agency in connection herewith, with particular refer-
 ence  to  claims under  the Iowa Workmen's Compensation Law,  and shall be solely and completely
 liable for any and all damage to any  person or  properties  caused by said Agency or his agents
 or employees,  and that said Agency shall at all times  hold the City harmless from any and all
 liability or responsibility as  to  any claims, accounts or  damages of any personnel arising out
 of or in connection with the operation  of this  contract.   The Agency shall furnish evidence of
 insurance in a company approved by the  City prior to any operation by it under this contract
 for  both Workman's Compensation and Liability Insurance covering any and all damages caused to
 any  person or  properties by the Agency  or its agents or employees.  The limits of Workman's
 Compensation shall be at least  the minimum required by the laws of the State of Iowa and the
 limits of the  liability insurance  shall be at least $300,000— $500,000 liability and $100,000
 property damage.

      12.    It is further  understood  and agreed that the Agency shall not transfer, convey or
 assign any rights under and by  virtue of this Agreement without first securing the written
 consent  of the City Council.

      13.    This Agreement  shall become  effective upon  execution and shall remain in full force
 and  effect until and  through December 31, 1972, provided however, that in the event that either
 party shall at any time fail, refuse  or neglect to carry out the critical terms or conditions
 of this  Agreement, this Agreement  and contract  will be thereby immediately terminated.  If either
 party has any  reasonable and justifiable cause  of termination attributed to the breach by the
 other of  noncritical  terms or conditions of this Agreement then such party shall have the right
 to terminate this Agreement upon thirty (30)  days written  notice.

            For the purposes of  this paragraph the phrase "critical  terms or conditons" shall
 irean  those terms or conditions  the breach of  which by  either party will immediately affect, either
 directly or indirectly, the ability of  the other party to  perform its duties under this Agree-
ment, state or federal statutes, City ordinances or any other undertaking, wholly or partially
 predicated upon this  Agreement.

      14.    The City will acquire,  for the purpose of fulfilling its obligations under this Agree-
ment and  for such purposes only, a tract of land consisting of approximately 9 acres locally known
 as "  the  Dutcher property", cause  such  land to  be surveyed for metes and bounds, obtain such special
use or other zoning variances as will permit  of the use of such property as a sanitary landfill,
 construct through such property the branch of the Maury Street Storm Sewer now pending implementa-
 tion by  the City all  In such time  and manner  that the entirety of "the Dutcher property" can be
made available to the Agency for landfill use as above contemplated on November 1, 1970.  The Agency
 shall reimburse the City for its expense in acquiring  such property and upon termination of this.
 Agreement or any extension thereof the  rights of the Agency under this Agreement in and to the use,
possession or  control of such land shall immediately cease and determine and the City shall thence-
 forth own such land free and clear of any incumbrance.   The Agency shall hold the said land free
and clear of any liens or  claims which might  result from its use, possession and control of such
 land and  hold  the City harmless  from  any such liens or claims.

      15.    The City shall  provide  from  its supply source adjacent to the property dally cover for
all solid wastes placed by the  Agency upon the  Harriett Street site including the Dutcher property
and final cover for the Harriett Street site  not including the Dutcher property.

-------
      16.     The  Agency shall  furnish final  cover for  the  Dutcher  property and  shall be  responsible
 for  the  excavation and transportation at  Agency expense of  all  cover  referred  to  in this  Agreement.
 In the event the City is  unable to assign any rights  of excavation  or transportation necessary  to
 the  fulfillment  of the provisions  aforesaid the City  shall  in its own name and in its own right
 proceed  to excavate and transport  such cover and be reimbursed  for  the actual  costs of  the excava-
 tion and transportation thereof by the Agency.

      17.     The  Harriett  Street site as augmented by  the  Dutcher  property and  any buildings  or  other
 improvements thereon may  be used by the Agency for any purpose  reasonably pertinent to  its operations
 as a solid waste agency and such uses may include services  to any or  all members  of the Agency  with-
 out  regard to whether or  not  such  members or their citizens have  previously used  such site either
 directly or indirectly.

      18.     That the use  of the said site last referred to  shall  be a phase-out operation with  the
 initial  use to be without limitation as aforesaid and to  be progressively limited as follows:
      a.    On or  about June 1,  1971,  a transfer station will be  completed at the- Harriett  Street
 site, the Metro  East site will be  opened  and made operational by  the  Agency and 50% or  more  of  the
 solid waste then going to the  Harriett Street site will be  diverted to the Metro  East Site.
      b.    On or  about January  1, 1972, the  proposed Metro West  site will be opened and  made  opera-
 tional by the Agency and  the balance of the solid waste will  be diverted to the Metro West site
 allowing  the' Agency operation  of the landfill operation upon  the  Harriett Street  site to  then cease
 and  determine.   Such operation shall in fact cease and determine  upon such developments save and
 except such residual operation as  may be  necessarily  incident to  an orderly transfer of such
 function to the  respective Metro-East and Metro-West  sites.

      19.    To implement and expedite the  operational  transitions  contemplated  by  this Agreement
 and  in consideration of the mutual covenants contained herein the City shall vacate and convey
 to the Agency upon demand by the Agency legal title to such a portion of the Harriett Street
 site as  the Agency may require for the location of a  transfer station, such site  not to exceed
 10 acres  in size and such site to  be selected by the  City with  the  advice and  consent of  the Agency.

      20.    The City will  proceed to  do necessary asphalt  stabilization and routine maintenance
 work on  those access streets leading to the Harriett  Street site  as needed at  City expense.  On
 site improvement shall be at the expense  of the Agency.

      21.    The Agency and the  City have tentatively agreed  upon a final use plan  for the  develop-
 ment of  the entire site,  a portion to bu  dedicated to public  use  and  a portion (5 to 10 acres
 as required) to  be provided to the Agency for its perpetual use as  a  Transfer  Station Complex.

      22.   The Agency agrees to place the  solid  waste  received at  this  site and conduct  its site
 operations and site development.in such a way as to be consistent with the final  use plan for
 the  entire site.

      23.    The Agency shall conduct  its operations in strict  accordance with the  highest  standards
 for  sanitary landfill operations.

      24.    The Agency will charge  gate fees for the sanitary  landfill  disposal operation  which
 will be adequate to assure that sufficient  funds are  available  for  the proper  development,
 operation and closing of  the site, which  fees shall be the  subject  of  further  negotiation between
 the  City  and the Agency.

      25.    The City and the Agency will cooperate in  all  appropriate matters to further the
 envelopment of a successful temporary sanitary  landfill site, a continuing transfer station
 complex and the  final use as planned.

                             DIVISION III.   FINANCIAL PROVISIONS

     26.    The City shall establish  by ordinance a schedule of  rates,  fees or  other charges  suffi-
 cient to  defray  the costs of the Agency in  the  collection and disposal of solid waste as  contem-
 plated by this Agreement  together with the  costs of the City  incident thereto  which schedule shall
 be initially the  sum of $2.00  per month per residential unit  of those residential units which can
 be served by the  Agency under  said ordinance,  shall collect or  cause the collection of  said  rates,
 fees or other charges and shall  remit monthly to the  Agency within  ten days after the close  of
 each month of collections 90%  of the  amount collected as  of the close of each  such month.  Such
 schedule  may be  on a monthly or  quarterly basis  as the City may elect and may  make such initial
 provision for staggered billing  as the  City may  deem  provident.

     27.    The Agency shall reimburse  the City  for its costs  in the acquisition of the  Dutcher
 property  including trie  capital cost  of  such property  at the rate  of $2,000 per month commencing
 December  1,  1970,  until such costs are  fully paid.

     28.    That  the  personal property  to be transferred by  the  City to the Agency on November 1, 1970
 pursuant  to this  Agreement  shall be  paid  for by  the Agency  in accordance with  the  following  formula:

     a.    The  market  value  of such properties  will be  determined by appraisal as hereinabove  provided,
and  in connection with  such appraisal  the useful life of  each item  shall be estimated by  the appraiser
 (the costs  of such appraisal shall be  paid  50% by the Agency  and  50% by the City).

-------
     b.   Tha Agency (hall engage a C.P.A. to set vp a depreciation schedule for the subject
properties on a straight-line depreciation basis based upon such appraisal values and such
estimates of useful life and determine, per unit and in total sum, the monthly depreciation
for such equipment, shall receive and approve such schedule and forward same to the City for
approval.  Upon approval by the City such appraisal and such schedule shall determine the gross
sun to be paid by the Agency for such items of personalty and also the monthly payments to be
made by the Agency to the City in satisfaction of such gross sum.  The gross sum payable shall be
the total appraised value as of November 1, 1970, and the monthly payment shall be the total
monthly depreciation of such items as determined from such schedule.  The Agency shall pay to the
City an amount equal to such monthly depreciation on the 1st day of December, 1970, on the 1st
day of January, 1971, and on the 1st day of each month thereafter until such tine as such gross
payment is paid in full, subject to the provision that as soon as the Agency has secured unto
itself the proceeds from the sale of revenue bonds or other permanent financing of its capital
needs the entire balance due of such gross payment shall become immediately due and payable to
the City and shall be remitted forthwith to the City.

     29.    At the option of the Agency the City will furnish parking and maintenance for all
vehicles and equipment to be transferred pursuant to this Agreement or otherwise acquired by
the -Agency during the term of this Agreement or any extension thereof on the basis of cost to
the City plus overhead and send a statement for such charges to the Agency within ten days
following the end of each calendar month of operation.  Under such option the Agency may elect
to avail itself of such services on any selective basis which it deems advantageous to the
Agency and shall not be required to avail itself of all or any part of such services.  Such
charges shall be due and payable by the Agency 20 days after the date of billing with the
exception that pending the receipt by the Agency of the first increment of the proceeds from the
rates, fees or other charges aforesaid the payment of said charges may be deferred.  Such
deferment shall, however, terminate and such charges shall be paid forthwith upon receipt
by the Agency of the first increment of such rates, fees or other charges.

     30.   The Agency shall have a drawing account against the City for such items of payroll
or other essential expense of the Agency as the Agency is not in a position to readily finance
in any other fashion pending receipt of the first and subsequent increments of the rates, feea
or other charges aforesaid to the extent of conservative estimate of the amount of the Agency1
share of such fees accrued but unpaid on the date of requisition of such draw.  It Is the
contemplation of the parties that this provision is to be used only during the first few
months of operation until a pattern of receipts and disbursements can be made routine.

     31.  Due to the fact that the City and the Agency will be simultaneously Indebted each
to the other in various amounts at different times during the period of this Agreement and
the fact that such mutual indebtedness will be largely offsetting no provision is made or
intended to be made for interest accrual on any such items of indebtedness as between these
parties.

     32.  The City shall engage and pay for the services of a C.P.A. authorized to do business
in the State of Iowa to determine upon accounting bases the liability of the City for accrued
employee costs and benefits of all kinds, up to and including October 31, 1970, which are not
secured by federal or state deposits; and allocate such costs on a flat rate monthly basis
over the period covered by this Agreement.  In making such determination the C.P.A. shall be
required to use a "1st in—first out" basis in making his analysis with the result that
first recourse to such benefits by an employee will be presumed to be to those benefits
accrued to him as an employee of the Agency.  The City shall pay to the Agency such monthly
allocation on the 1st day of November, 1970, and on the first day of each month thereafter
through the period of this Agreement.

     33.   The City Manager and Director of the Agency may establish a system of offsets to
simplify the monthly accounting required by this Agreement.  All payments, charges and account-
ing between the parties to this Agreement shall be personally certified to be correct'by the
City Manager in the case of the City and by the Director of the Agency in the case of the
Agency.

-------
 POCUMENT V^I-3

                                  MUNICIPAL CODE OF DES MOINES,  IOWA
                                             SOLID WASTE


 Sections:

                                       Article  I.   Definitions

 S2A-1.   Definitions

                                       Article  II.   Collection

 52A-2.   Agency collection                        52A-8.   Agency exception
 52A-3.   Container specifications.                52A-9.   Protection required.
 52A-4.   Treatment pending collection.             52A-10.  Disposal  site  requirement.
 S2A-5.   Accumulations hazardous to health.        52A-11.  Hazardous materials.
 52A-6.   Accumulations hazardous to property.      52A-12.  Prohibition of littering.
 52A-7.   Permit to haul solid waste

                                       Article  III.  Disposal

 52A-13.  Agency disposition.                       52A-19.  Conditions subject  to abatement.
 52A-14.  Agency rules.                            52A-20.  Prohibition of commercial disposal.
 52A-15.  Disposition of inert materials.           52A-21.  Incinerators prohibited.
 52A-16.  Disposition of accordance with instruc-  52A-22.  Incineration prohibited.
         tions.                                   52A-23.  Incinerator permits.
 52A-17.  Certain materials excluded.              52A-24.  Agency disposal fees.
 52A-18.  Private landfill operation.

                                  Article  IV.   General  Provisions

 52A-25.  Transition to agency operation.           52A-29.  Assessment of  unpaid charges.
 52A-26.  Enforcement.                              52A-30.  Collection process.
 52A-27.  Revocation of permits.                    52A-31.  Severability.
 52A-28.  Charges for collection  service.           52A-32.  Penalty


                                     ARTICLE I.  DEFINITIONS.

 Sec. 52A-1.  DEFINITIONS.

       For  the purpose of this  chapter the  following definitions shall  apply:
 "Agency" shall mean the Des  Moines Metropolitan Area Solid Waste Agency.
 "Disposal Site" shall mean a sanitary  landfill transfer station or other facility for receiving or disposing
 of solid waste.
 "Health  officer" shall mean  the director  of public health of the city of  Des Moines, Iowa who shall have
 responsibility tor administering and enforcing this chapter.
 "Multiple chamber incinerator"  shall mean any  incinerator used  to  dispose of combustible refuse by burning,
 consisting  ot  three or more  refractory lined combustion furnaces in series, physically separated by
 refractory  walls,  interconnected by gas passage ports  or  ducts  and employing adequate design parameters
 necessary for  maximum combustion of the material  to be burned,  the refractories having a Pyrometric
 Cone Equivalent of 31,  tested according to  the method  described in the  American Society for Testing
 and Materials,  Method C-24-56.
 "Owner"  whenever used in this Chapter  shall, in addition  to the record  titleholder, include any
 person residing in,  renting,  leasing,  occupying, operating or transacting business in any premises,
 and as between such parties  the duties, responsibilities, liabilities and obligations hereinafter
 imposed  shall  be joint  and several.
 "Person" whenever used  in this  chapter shall mean  and  include an individual or group or association
 o£ individuals;  a firm or any member thereof;  a corporation, or any executive officer, manager, person
 in charge or employee thereof;  and the use  of  a pronoun specifying the  masculine gender shall include
 the feminine and neuter gender.
 "Residential premises"  for the  purpose of this  chapter shall mean  and include single family dwellings
 and any  multiple family dwelling up to and  including four separate  family quarters.  Garden type
 apartments  and  row type housing units  shall be  considered residential premises regardless of the
 total number of  such  apartments or units  which may be  included  in  a  given housing development.
 "Solid Waste"  shall mean useless,  unwanted  or  discarded materials  resulting from commercial,
 Industrial, domestic  and agricultural  operations and other normal  community activities.  Wastes
 which are solid  or semi-solid containing  insufficient  liquid to  be  free-flowing are considered
 to be solid wastes; and include in part the following:  garbage; rubbish; ashes and other residue
 of incineration;  street refuse  or sweepings; dead  animals; solid animal waste; decrepit automobiles
 and parts therof;  agricultural,  commercial  and  industrial wastes;  construction and demolition
wastes;  sewage  treatment solid  residue.

-------
                                       ARTICLE II.  COLLECTION
 Sec. 52A-2.  AGENCY COLLECTION.
        By virtue of an agreement proposed to be entered into between the City and the Agency,
 the Agency has proposed to provide solid waste collection service for and on behalf of the
 City, to remove solid wastes from residential premises as defined in this Chapter subject
 to the following conditions which are hereby adopted as a part of this chapter:

        (a)   Such collections shall be made not less than once a week, at such times and
 In such areas of the city as shall be set out in schedules agreed upon by the city and
 the agency.
        (b)   The city and the agency are authorized and empowered, jointly,  to change or amend
 such schedules from time to time as they, in their discretion, shall deem necessary.
        (c)   Collections may be made either from streets or alleys, where existing, at the
 discretion of the agency personnel.
        (d)   Containers shall be placed out-of-doors at some easily accessible place.  The
 provision of such containers and the placement thereof for collection shall  be the respon-
 sibility of the owners of the residential premises to be served.

 Sec. 52A-3.  CONTAINER SPECIFICATIONS.

        Solid waste metal containers designed to serve residential premises shall not be more
 than thirty gallons nor any such container less than ten gallons in nominal  capacity; except
 where only one container is used, in which case this container may be less than ten gallons
 in capacity. Containers shall be waterproof, rat proof, and fitted with a tight lid.  The
 containers shall have handles, bails or other suitable lifting devices or features.  The
 containers shall be of a type originally manufactured for solid wastes, with tapered sides
 for easy emptying.  They shall be of light weight and sturdy construction.  The weight of
 any individual container and contents shall not exceed sixty-five pounds. Galvanized Iron
 and similar metal containers, rubber or fiberglass containers, and plastic containers
 which do not become brittle in cold weather may be used.  Disposable bags manufactured for
 solid waste disposal shall be acceptance for solid wastes other than animal  or vegetable matter
 which would be attractive to rats, dogs or other animals.  Oil or grease drum;.,  paint cans,
 and similar salvaged containers shall only be acceptable as disposable containers.  Grass
 clippings, leaves and other yard debtis in plastic sacks or other disposable containers placed
 at the curb shall be collected.
        All solid waste shall be placed in suitable containers as above defined;  except, it shall
 not be necessary to place books, boxes, magazines or newspapers in containers provided they are
 securely tied in bundles or completely contained in disposable boxes not larger than twenty-
 four by twenty-four by thirty-six inches, no bundle of which shall weigh more than sixty-five
 pounds.  Also tree limbs and brush may be securely tied in bundles not larger than forty-eight
 inches long and eighteen inches in diameter and weighing not more than sixty-five pounds.
        Baskets, boxes and non-complying solid waste containers shall be considered disposable
 refuse and shall be removed by the agency collection crews if they are the proper size and
 otherwise acceptable for collection; or shall be left uncollected if they are larger than
 the allowable size or unacceptable for collection.
        Large bulky items such as furniture, large tree limbs, automobiles and major parts
 thereof and appliances that cannot be reduced to fit approved containers, shall  not be collected.


 Sec.  52A-4.  TREATMENT PENDING COLLECTION.

        All solid waste consisting of waste animal and vegetable matter,  which may attract flies,
 dogs or rodents, shall be drained of all excess liquid,  wrapped in paper or  disposable containers,
 and placed and stored, until collected, in covered suitable containers as described in section S2A-3.

 Sec. 52A-5.  ACCUMULATIONS HAZARDOUS TO HEALTH.

       • It shall be unlawful for any person to permit to accumulate on any premises,  improved or vacant,
 or on any public place, such quantities of solid waste,  either in containers or  not,  that shall constltitue
 a health or sanitation hazard.

 Sec. 52A-6.   ACCUMULATIONS HAZARDOUS TO PROPERTY.

        It shall be unlawful for any person to permit to accumulate quantities of solid waste within
 or close to any building,  unless the same is stored in containers in such a  manner as  not to create
 a health or fire hazard.

Sec. 52A-7.  PERMIT TO HAUL SOLID WASTE.

       No person shall engage in the business of removing or hauling residential, commercial or
industrial solid wastes from the premises of others, other than those resulting from construction or
demolition activities, unless such person shall have first applied for and received a permit to do so
from the city.  Application for such permit shall specify the equipment or vehicles to be used, general
information concerning the route to be traveled and the places to be served,  and name and address of the
applicant.  Such person shall pay an annual license fee of five dollars per year for each vehicle engaged
In such business to be paid at the office of the city treasurer.  Such permit fee shall be payable comm-
encing on the first day of July, 1970, and shall be renewable each year thereafter.  Commencing July 1,
1971, all vehicles licensed under this section shall prominently display the  permit number on the upper
or lower left comer of the windshield of the vehicle upon a decal to be furnished by the city.

-------
 Sec.  52A-8.   AGENCY EXCEPTION.

        Vehicles  owned  and  operated  by the  agency  or  operated under contract to the agency shall
 be deemed to be  engaged  In a  public service  function exempt from the requirements of section
 S2A-7 of this Code.

 Sec.  52A-9.   PROTECTION  REQUIRED.

        No person shall haul any solid wastes upon the streets, alleys or public places of the city
 In any manner except in  a  vehicle or container  so equipped as to prevent the blowing or leakage or
 dropping off of  any of the contents on the public streets or ways of the city or private property
 therein.  Any such blowing, leakage or dropping shall be deemed a violation of section 52-8 of this
 Code.

 Sec.  52A-10.  DISPOSAL SITE REQUIREMENTS.

        No person shall haul or  cause to be hauled any solid waste material of any kind, other than
 those resulting  from construction or demolition activities, to any disposal place or site or area
 within the corporate limits of  the  city unless  such  place, site or area has been properly zoned for
 such  use and any permits required by such  zoning  obtained, and unless an operators license has been
 issued by the city to  authorize the operation thereof under the provisions of section 52A-18 of this
 Code, except where such  operation is under the  direction and contract of the agency.

 Sec.  S2A-11.  HAZARDOUS  MATERIALS.

        No person shall deposit  in a solid  waste container or otherwise offer for agency collection
 any hazardous solid waste.  Hazardous materials shall be transported by the owner, responsible person
 or his agent, to a place of safe deposit or  disposal as prescribed by the health officer or his
 authorized representative  which place of deposit  or  disposal may in exceptional cases be a place
 other than an agency operated site  or otherwise subject to special conditions or limitations.
 Hazardous materials shall  include:   explosive materials; rags or other waste soaked in volatile
 and inflammable  materials;  drugs; poisons; radio  active materials; highly combustible materials;
 soiled dressings,  clothing, beading and/or other  wastes, contaminated by infection or contagious
 disease;  and other materials  which  may present  a  special hazard to collection or disposal personnel
 ot  equipment or  to the public.

 Sec.  52A-12.   PROHIBITION  OF  LITTERING.

        No person shall throw, rake,  deposit, place drop or spill litter, waste material or foreign
 material  upon the  streets,  sidewalks,  or other  public rights-of-way within the city except as provided
 in section 52A-3 of this Code.

                                      ARTICLE III. DISPOSAL

 Sec.  52A-13.   AGENCY DISPOSITION.

        Pursuant  to the terms  of an  agreement proposed to be entered into between the city and the
 agency,  the  disposal sites  now  and  hereafter operated by the agency will be made available as public
 disposal  sites for all solid  wastes collected within the corporate limits of the city upon the
 conditions specified in  said  agreement.

 Sec.  52A-14.   AGENCY RULES.

        The rules and regulations governing the  use of the disposal sites shall be as determined by the
 agency to be in  the  best interest of the general  public subject to the following provisions:
        (a)  The  disposal sites  shall normally be  open to the public on such days'and hours as the
 agency may designate;  however,  the  agency  may alter  the days and hours so scheduled to satisfy unusual
 conditions or emergencies.
        (b)  The  agency shall  be responsible  for the  operation of the disposal sites in a manner which
 will  assure  sanitary and safe conditions at  all times.
    *-•• (c)  The  operation  of  the disposal  sites shall  comply with all regulations of all local, state,
 county or federal  agencies, which may have  jurisdiction over such operation.

 Sec.  52A-15.   DISPOSITION  OF  INERT  MATERIALS.

        The prohibitions  contained in this  chapter shall not apply to the placing of inert wastes, not
 potentially  injurious  to health or  the public welfare, where permission to place such materials has
 been  obtained  from the owner or responsible  agent; nor to the filling in or grading of property
with  earth, mud, ashes or  similar materials; providing all other applicable local and state laws
have  been complied with.

 Sec.  52A-16.   DISPOSITION  IN ACCORDANCE  WITH INSTRUCTIONS.

       No  person,  firm or corporation shall  dispose  of any solid waste at any licensed private or agency
 landfill  site, except  in compliance with posted instructions or instructions of an attendant in charge.

 Sec.  52A-17.   CERTAIN MATERIALS  EXCLUDED.

       At  the  discretion of the  agency,  certain materials may be excluded from those solid wastes which
may be deposited at  an agency landfill site.  These  excluded materials may include junk automobile  bodies
and similar bulky  objects, which may  require special  processing prior to disposal; .trees and tree limbs,
unless they have been cut into  pieces not exceeding  ten feet in length;  burning materials or materials
 containing hot or  live coals;  hazardous  materials; and other materials which the agency deems necessary
 to exclude.  However, hazardous materials may be  deposited upon the receipt of written permission of a
 responsible official or  attendant of  the agency and  subject to any special instructions issued with said
 permission.  Hazardous material  shall include:  explosive materials;  materials contaminated by infectious
 or contagious  disease;  fly  ash  or other  fine or powdery material;  and other material which may present
a special  hazard to  landfill personnel,  o««<•—--•• — ••- "     •'•

-------
Sec. S2A-18.  PRIVATE LANDFILL OPERATION.

       No person, firm or corporation shall after June 1, 1971, operate or permit the operntlon of
a disposal site In the city for the disposal of solid waste of any kind from any source unless he
shall have first applied for and received a license to do so from the city.   The issuance of this
license shall be pursuant to application in writing to the city council of the city of Des Moines;
shall be on an annual basis only; and shall be subject to all other applicable ordinances of the
city.  Application for such a license shall set forth how the landfill will be operated and shall
include in part:  a topographic map of the parcel of land to be used showing location, drainage,
fencing, screening and access; plans or other suitable evidence of adequate fire protection and
provisions for control of rodents, insects and litter; agreement to operate the disposal area as
a sanitary landfill only; description of method of filling, equipment to be used; source of earth
or other suitable cover; agreement to compact and completely cover solid waste deposited each day,
to allow no burning of any material whatsoever, and to promptly extinguish any fires or combustion
which may accidently occur or be started by others; agreement to maintain the landfill site and
the vicinity in a safe and sanitary manner, to allow no public nuisance, and to provide a responsible
person who will be in constant attendance during the hours of active operation; agreement to operate
the landfill in accordance with all local, county, state and federal regulations and to permit access
to the landfill site by any health officer or governmental representative or agent who may have
jurisdiction for the purposes of inspection.
       An annual license fee of one hundred dollars per year shall be paid to the city treasurer for
each location at which a landfill is conducted.  All such licenses issued shall expire on May thirty-
first of each year and be subject to renewal at such time.

Sec. 52A-19.  CONDITIONS SUBJECT TO ABATEMENT.

       If any private disposal operation within the corporate limits of the city is found to be con-               !
ducted in a way detrimental to the health and welfare of the public, or contrary to provisions of this
chapter, the city shall notify the owner of the land upon which such operation is being carried on                 [
and the operator thereof in writing of the objectionable conditions and give them a reasonable time,               ,
not less than ten days, to correct said condition.  In the event of the failure of such owner or                   '
operator or both to correct such conditions within such time the city manager is authorized to seek                ,
abatement of such conditions as a public nuisance and to abate such nuisance in such manner as any                 !
court of competent jurisdiction may direct.  The same shall be considered of benefit to the owner                  |
of the land and the cost of such correcMve action shall be chargeable to the owner, and if not paid,              |
shall constitute a lien upon the premises and shall be assessed in the manner as general taxes as Is
provided by law.

Sec. 52A-20.  PROHIBITION OF COMMERCIAL DISPOSAL.

       It shall be unlawful for any person, firm or corporation to receive payment of any kind or request
payment of any kind for the disposal of any solid waste at a private licensed sanitary landfill site
within the city at any time after January 1, 1972.  The charging of a "fee" for the collection and
disposal of solid waste from a customer by a private collector, shall not be construed as a violation
of this section since the disposal is considered to be incidental to the total collection and disposal
service, provided however, such collection and disposal shall be conducted entirely by forces and with
equipment owned or operated by the private solid waste collector.

Sec. 52A-21.   INCINERATORS PROHIBITED.

       It shall be unlawful for any person, as defined in this chapter, to sell within the city or to
install within the city any device intended for use as a solid waste burner or incinerator; except when
the intended user of such a device has secured permission to operate or use such a device from the city
or when the device will be operated by or for the city, or beyond the corporate limits of the city.

Sec. 52A-22.  INCINERATION PROHIBITED.

       It shall be unlawful for any person, as defined In this chapter, to burn or incinerate or permit
the burning or incineration of any solid waste within the city from and after the first day of January,
1971.  This section shall apply to all solid waste as defined, and shall specifically include all waste
paper, boxes, market waste, garden wastes, trees, tree limbs, automobiles and parts thereof and any
and all materials other than materials used as a fuel in a furnace or boiler.   This section shall not
apply to any incinerator operated under a permit granted by the city or any incinerator operated by
or for the city, or any burning conducted under the direction of the fire department of the city.

Sec. 52A-23.  INCINERATOR PERMITS.

       The health officer shall issue annual permits to permit the operation of incinerators otherwise
prohibited by this chapter upon payment of an annual fee of ten dollars to defray the costs of admini-
stration and upon submission of annual proof by the applicant therefor, acceptable to the health
officer, of operational performance at least equal to the following standards:
       (a)  General provisions.
       1.  This regulation shall apply to all incinerators except those located In areas where the
existing land use is agricultural and the sites upon which they are located or to be located are
tracts of ten acres or more and such incinerators are used or to be used exclusively to dispose
of solid waste originating on that same premises.

-------
        2.   The  burning capacity of  an Incinerator  shall be  the manufacturer's or designer's
 guaranteed  maximum rate or such other rate  as  may  be determined by  the health officer in accordance
 with  good engineering practice.   In case  of conflict,  the findings  of the health officer shall govern.
        3.   No incinerator shall  be  used for the  buring of solid waste unless such incinerator  is a
 multiple chamber incinerator.   Existing incinerators which  are not  multiple chamber  incinerators may
 be  altered, modified or rebuilt as  may be necessary to meet this  requirement.  The health officer may
 approve any other alteration or modification to  an existing incinerator if such be found by him to be
 equally effective for the purpose of air  pollution control  as a modification or alteration which would
 result  in a multiple chamber incinerator.  All new incinerators shall be multiple chamber incinerators,
 provided that the health officer shall approve any other kind of  incinerator if it can be shown in
 advance of  construction or installation that such  other kind of incinerator is equally effective for
 purposes of air pollution control as an approved multiple chamber incinerator.
        4.   Within thirty days after the date on  which  construction  of an incinerator is completed, the
 operator shall  file a request with  the health  officer  to schedule the performance tests provided in
 section (c) of  this regulation.   If the results  of the performance  tests indicate that the incinerator
 is  not  operating in compliance with section (b)  of this regulation, no person may cause or permit
 further operation of the incinerator, except for additional tests as outlined in section (c) of this
 regulation, until approval is received from the  health officer.

        (b)   Restriction of emissions from incinerators.
        1.   No person may cause or permit  the emission  of particulate matter from the chimney,  stack or
 vent  of any incinerator in excess of the  following:
        a.   Incinerators with a solid waste  burning capacity of two  hundred or more pounds per hour:
 0.2 grains  of particulate matter per standard  dry  cubic foot of exhaust gas, corrected to twelve
 percent carbon  dioxide.
        b.   All  other incinerators:  0.3 grains  of particulate matter per standard dry cubic foot of
 exhaust gas,  corrected to twelve percent  carbon  dioxide.
        2.   All  incinerators shall be designed  and  operated  so that  all gases, vapors and entrained
 effluents shall,  while passing through the  final combustion chamber, be maintained at a temperature
 adequate to prevent the emission of objectionable  odors.  Provided, however, that 6he health officer
 shall approve any other method of odor control which is equally effective.
        (c)   Performance testing.
        1.   Solid waste burned in conjunction with  the  performance tests specified in this regulation
 shall be a  representative sample of the solid  waste normally generated by the operation which the
 incinerator is  intended to serve.
        2.   The  amount of particulate matter emitted from any incinerator shall be determined according
 to  the  American Society of Mechanical Engineers  Power  Test  Codes  -  PTC - 27 dated 1957 and entitled
 "Determining  Dust Concentration in  a Gas  Stream".  Any other method which is in accordance wirh good
 professional  practice may be used by mutual consent of the  source operator and the health officer.
 In  calculating  the amount of particulate  matter  in stack gas, the loading shall be adjusted to twelve
 percent carbon  dioxide in the stack gas.  The  carbon dioxide produced by burning of  the liquid or
 gaseous fuel  in the incinerator  shall be  excluded  from the  calculation to twelve percent carbon
 dioxide.  Emissions shall be measured when  the incinerator  is operating at the burning capacity
 as  defined  in section (a) 2 of this regulation,  or at  any greater operating rate requested by the
 source  operator.
        3.   In addition to the  requirements  hereinabove specified  each such incinerator shall meet
 the smoke emission standards of  chapter 51  of  this Code and sunch incinerator shall not emit smoke
 of  the  density  of "dense smoke"  as  defined  by  such chapter.  A performance test to determine compliance
with such Ringelmann requirements shall be  performed by the health  officer or his designated representa-
 tive on each  new incinerator,  and each existing  incinerator modified or rebuilt according to the
 schedule outlined in section (d)  of this  regulation.
        4.   The  performance test  specified in section (c) 2  of this  regulation may be required on any
 incinerator,  and  shall be required  for each new  incinerator having  a burning capacity of one thousand
pounds  per  hour or greater.   The  initial  and annual performance tests shall be performed at the
expense of  the  vendor or operator by an independent testing organization or by any other qualified
person  subject  to the approval of the health officer.  The performance test may be observed by the
health  officer  or his designated  representative.
        (d)  Compliance schedule  for existing incinerators.
        Existing incinerators which  are not  multiple chamber incinerators and do not otherwise meet
the requirements  of section (b)  of  this regulation shall be modified or rebuilt in compliance with
this section  in accordance with  the following  schedule:
        Rated  Capacity                           Latest Pate for  Compliance
        1,000  Ibs/hr or above                     18 months  from the effective date of this  regulation.
         999  Ibs/hr or less                     30 months  from the effective date of this  regulation.

        (e)  Existing  incinerators which are  not multiple chamber  incinerators and do not otherwise
meet the requirements  of  section  (b)  of this regulation shall be  granted provisional licenses to
operate upon  payment  of  the  ten dollar annual  fee  specified, which  fee must be paid on or before
January 1,  19/1.  Within  six months  thereafter applicants for provisional licenses shall submit
written plans to  modify  such  incinerators to conform with such standards or to cease operation of
such incinerators within  the modification periods  specified.

        (f)  Any operation of  incinerators on or after  January 1,   1971,  which Is not authroircd as
above provided  shall be unlawful.   All permits issued  for such operations shall expire on December
thirty-first  of each year and  shall  be subject to  renewal at such time.
                                               //Sr

-------
 Sec. 52A-24.  AGENCY DISPOSAL F2KS.

        Gat* feet paid to the agency for the use of the public disposal facilities,  •hall be In
 Accordance with the posted and published schedule of fees of the agency.

                                  ARTICLE IV.  GENEKAL PROVISIONS.

 Sec. 52A-25.  TRANSITION TO AGENCY OPERATION.

        It Is the Intent of this chapter that the collection and disposal  procedures and facilities
 of the city of Des Moines shall be phased out and shall be maintained only to  the extent the city
'manager shall deem necessary to serve the needs of the city to dispose of tree wastes  or other
 solid wastes resulting from construction or demolition activities by city crews or  under city contract.

 Sec. 52A-26.  ENFORCEMENT.

        It shall be the duty of the health officer to enforce the provisions of this chapter.

 Sec. 52A- 27.  REVOCATION OF PERMITS.

        Failure of permitees under sections 52A-7 and 52A-23 of this  Code  to comply  with the provisions
 of this chapter shall be deemed sufficient cause for revocation of the permits issued  under said sections.
 Such revocation shall be by the city council after reasonable notice and  hearing.

 Sec. 52A-28.  CHARGES FOR COLLECTION SERVICE.

        (a)  Commencing December 1, 1970, a fee of two dollars per month shall  be charged by the  city
 of Des Moines, Iowa, and collected from each family unit or owner of a "residential premises" as
 defined in section 52A-1 of this Code served by refuse collection service as provided  in section
 S2A-2 of this Code.  Said charge or fee shall be in payment for collection and disposal of  solid
 waste as defined.
        (b)  The two dollars per month charge or fee aforementioned shall  be billed  to  the "owner"
 as herein defined every three months, payable in advance.

 Sec. S2A-29.  ASSESSMENT OF UNPAID CHARGES.

        The collection of "solid waste" as provided by this chapter from residential premises as
 defined by this chapter and maintenance of the availability of such  service, whether or not
 such service is used regularly or at all by the owner of such residential premises, is hereby
 declared a benefit to the said premises at least equal to the monthly charges  specified in  this
 chapter, and in case of failure to pay the monthly charge when billed,  as heretofore provided,
 then the monthly charge shall be assessed against the property benefited  in the manner provided
 by and for special assessments.

 Sec. 52A-30.  COLLECTION PROCESS.

        At least annually the city manager shall prepare a "delinquent list" of persons failing to
 pay the monthly charge required by this chapter listing the residential premises for which  the
 service was rendered and the amount due therefrom.   Resolutions shall thereupon be  prepared
 assessing the delinquent charges to the properties so benefited.   Such resolutions, properly passed
 by the council, shall be certified as provided by law in cases of special assessments  for collection
 in the same manner as general taxes.

 Sec. 52A-31.  SEVERABILITY

        If any section, subsection, sentence or part of this chapter  is  for any reason  held  to be
 invalid or unconstitutional, such decision shall not affect the validity  of the.remaining portions
 of this chapter.

 Sec. 52A - 32.   PENALTY

        Any person, firm or corporation violating any of the provisions  of this  chapter,  except those
 requiring the payment of fees for collection services,  shall upon conviction be subject  to  a fine of
 not more than one hundred dollars or to imprisonment for not more than  thirty  days.

-------
                  HENNINGSON, DURHAM &  RICHARDSON
                    ENGINEERING • ARCHITECTURE • PLANNING • SYSTEMS • ECONOMICS
                                                            8404 Indian Hills Drive
                                                            Omaha, Nebraska 68114
                                                            April 23, 1972
       Mr. Robert C. Porter, Director
       Des Moines Metropolitan Area
       Solid Waste Agency
       1705 High Street
       Des Moines, Iowa 50309
       Re:
Revenue Bond Issue
Disposal Division
Financial Feasibility
       Dear Mr.  Porter:

       This letter and the attached exhibits contain information showing the solid
       waste quantities received, cost estimates and necessary rates to produce
       the required revenue to support the disposal activities of the Agency includ-
       ing the principal and interest associated with the proposed $2, 000, 000 bond
       issue.

       The records of the Agency indicate that approximately 1, 200, 000 cubic yards
       of waste material was delivered to the disposal facilities during the twelve
       months ending March,  1972.  A disposal  fee of  $. 50 per cubic yard of ma-
       terial delivered was collected from each  vehicle delivering waste to the site.
       These fees produced an operating revenue of approximately $600, 000.  This
       disposal charge was based on the  measured volume of waste material in the
       hauling vehicle regardless of whether the material was preeompacted in a
       packer truck or loose in some other type of vehicle.

       The present rate of $. 50 per cubic yard was established in November of 1970
       as a temporary rate to cover the costs of operation at the old City  of Des Moines
       site, which has since been closed. It was intended that the rate would be in-
       creased when new, more extensive facilities were  established at the two pro-
       posed new facilities to be located  in the eastern and western portions  of the
       service area.

       The Agency began operation at the new Eastern site (referred to as Metro
       Park East) in October 1971.  The  temporary rate was more than adequate to
       cover the cost of operating this site and will be  adequate even when the con-
       templated  improvements and bond expense are included for this one site.
OMAHA • DENVER • PHOENIX • DALLAS •  CHARLOTTE • WASHINGTON.D.C. •  PENSACOLA • MINNEAPOLIS • NORFOLK.VA. • HELENA • TEXARKANA

-------
Mr.  Robert C. Porter                                        Page Two
Once the second new site to be located in the western part of the service area
is purchased, developed and placed into operation, the estimated cost of opera-
ting two improved sites will be approximately 150% of the estimated cost of
operating one improved site.  Although the materials delivered and disposed
of would be nominally the same whether there be one or two sites, the fixed
cost for two sites would be approximately doubled.

The population of the service area will probably increase about 10% in the next
15 years. Normally this would be accompanied by an equal or greater increase
in the solid waste quantities,  but due to the current emphasis on conservation,
resources recovery, salvage and  recycling,  an estimate of increased quantities
at this time would be pure  speculation.  It is assumed, for rate purposes, that
the quantities will remain static and only minor increases or decreases are
expected. The capacity to handle the waste can be adjusted without difficulty.

At the present time, the single eastern site is receiving 1, 200, 000 cubic yards
of waste per  year measured in the loose or "as received" condition.   When com-
pacted in  place, this is equal to approximately 40% of the "as received" volume
or 480, 000 C. Y. per year.  The present site has a designed capacity in excess
of 13, 000, 000 C. Y. compacted.  At the  current rate, the site could handle all
of the waste for more than 27 years.  The opening  of an additional site in the
western portion of the  service area will add to the  total system capacity, thus
assuring that there is ample capacity to operate long past the period during
which there will be bonds outstanding.

It has been mentioned that  the rate is based on measured quantities in the "as
received" or loose  condition.  When two sites are in operation and the required
revenue is increased by  approximately 50%,  the rate must be increased similarly.
This is likely to influence a greater number  of haulers to pre-compact their
loads by careful loading or converting to the use of packer trucks.  The total
quantity of waste would remain unchanged but the measured volume would be
decreased.  It would then be necessary to increase the rate  again to  produce the
same  amount of revenue.  It can be  seen that the rate based on "as received"
quantities may require adjustment from time to time depending on the type of
vehicle used  even though the total revenue collected may remain constant.  The
Agency is considering the installation of scales and basing the disposal charge
on tonnage of the waste received.  This would eliminate the  potential fluctuation
in rates required to match the changing practices of the haulers.   It  would pro-
duce the same revenue even though the basis for the  rate was shifted from volume
to weight.  The estimates of cost  are based on 1972 prices for labor, equipment,
and other expenses. The rate must be adjusted to  compensate for changes as
they occur.   No attempt has been  made at this  time to predict how these prices
may change.

-------
Mr.  RobertC. Porter                                           Page Three
There is one important fact to realize when analyzing the process of setting
rates.  This is an essential health service and at the same time an essential
service to commerce and industry.  The materials must be disposed of and
the sanitary landfill process is the most economical way of accomplishing this
disposal.  The rates now in existence are very economical and even a 50% in-
crease would still be very economical. Other communities in other parts of
the country  have been forced to use incinerators or other methods and under
these circumstances, the costs involved are often 4 or 5 times the present
costs experienced by this Agency.  The Agency  has the capability of accomplish-
ing the required disposal and will simply adjust the rates from time to time to
assure an adequate revenue to cover  the cost of this non-profit service.
          i
The estimated annual cost of the  Disposal Division which is equal to the re-
quired revenue for that division depends on whether the Agency is operating
one or two sites.  Schedules I and II which are attached show the following cost
(revenue)  estimates.

       Schedule I    -    One Site Operation             $583,300/Yr.
       Schedule II   -    Two Site Operation            $885,600/Yr.

As soon as the  proceeds from the bonds are available and committed for the
present site, the revenue for a one site operation will be required.  This con-
dition will exist for  a period of time until the  second site is placed into opera-
tion.  At that time,  the two site operation revenue will be  required.

The estimated annual cost of the  Collection Division is attached as Schedule III
for informational purposes.

The following is a schedule of rates required  to produce the required annual
revenue.
                                   202-'

-------
Mr.  Robert C.  Porter                                         Page Four


SCHEDULE OF RATES

I.      DISPOSAL DIVISION, ONE SITE OPERATION

       Total Annual Revenue Requirement                    $     583, 000
       Total Annual Volume as Received                          1, 200, 000 C. Y.
       Rate Required $583, 000 4- 1,200, 000 =                 $    .486/C.Y.
                             Retain Present Rate            $    .50/C.Y.

H.     DISPOSAL DIVISION, TWO SITE OPERATION

       Total Annual Revenue Requirement                    $     885, 600
       Total Annual Volume as Received                          1, 200, 000 C. Y.
       Rate Required $885,600-f 1,200,000 =                 $    .738/C.Y.
                             Set Rate at                    $    .75/C.Y.
The operation of one or two sanitary landfill sites in the Agency service area
is technically and financially feasible.  The required revenue and the rates to
produce this  revenue are very economical when compared to rates for similar
services in other parts of the country and alternative disposal processes.

It will be necessary to make minor adjustments to the rates from time to time
to compensate for fluctuations in quantities, prices and haulers' practices.

We would recommend the present rate of $.50 per cubic yard (as received) be
retained for the one site operation but that the rate be increased to $. 75 per
cubic yard (as received) when the second site is opened for service.

Very  truly yours,

HENNINGSON, DURHAM & RICHARDSON
By.
       R.  J. Peterson,  P. E.
       Assistant Vice President
RJPrdj

-------
                  SCHEDULE I - ONE SITE OPERATION
                   COST (REQUIRED REVENUE) FOR
                         DISPOSAL DIVISION*	

I.      ONE TIME COST (BOND REQUIREMENTS)

       A.   Land Cost                                       $ 237, 000

       B.   Initial Site Development                             350,000

       C.   Equipment Fund

            1.     Initial Funding                 $130,000
            2.     Outstanding on Present Equip.  $125. OOP
                                                               255,000

       D.   Agency Headquarters and Shops
            Total Less Collection Portion                       123, 000

       E.   Reserve Fund                                      200. OOP

                   Total Bond Requirement                   $1, 135, 000

H.     ANNUAL COST

       A.   Debt Service
            $1, 135, 000**@ 5% x 12 yrs. Avg. Annual Payment    110, 000

       B.   Site Maintenance                                    30,000

       C.   Equipment Maintenance and Operation                107,900

       D.   Equipment Replacement                             100,000

       E.   Labor                                             131.400
       F.   Sub-Total                                      $  479,300

       G.   Miscellaneous Expense @ 10%                        47,900

       H.   Agency Overhead and Admin.  (See Appendix D)         56, 100

                   Total Annual Cost (Required Revenue)      $  583, 300

      *See Exhibit A for Breakdown of Costs

     **$2, 000, 000 Bond Issue - but funds for second site to be invested for
       temporary period.

-------
I.
H.
              SCHEDULE II - TWO SITE OPERATION
               COST (REQUIRED REVENUE) FOR
                      DISPOSAL DIVISION*
ONE TIME COST (BOND REQUIREMENTS)
A.
B.
C.

D.
E.
Land Cost
Initial Site Development
Equipment Fund
1. Initial Funding $200,000
2. Outstanding on present equip. $125, 000

Agency Headquarters and Shops
Total Less Collection Portion
Reserve Fund
Total Bond Requirement
$ 652,000
700,000

325,000
123,000
200,000
$ 2,000,000
ANNUAL COST
A.

B.
C.
D.
E.
F.
G.
H.
*See
Debt Service
$2, 000, 000 @ 5% x 12 yrs. Avg. annual payment
Site Maintenance
Equipment Maintenance and Operation
Equipment Replacement
Labor
Sub -Total
Miscellaneous Expense @ 10%
Agency Overhead & Admin. (See Appendix D)
Total Annual Cost (Req'd Revenue)
Exhibit B for Breakdown of Costs.

193,000
60,000
141, 100
140,000
220, PPP
$ 754, IPO
75,400
56, IPO
$ 885,600


-------
                              SCHEDULE in
                    COST (REQUIRED REVENUE) FOR
                          COLLECTION DIVISION*
I.      Equipment Replacement                               $   90,000

II.     Equipment Maintenance and Repair                       145, 000

in..    Direct Labor                                            944,000

IV.    Tools, Materials and Supplies                              5,000

V.     Interest Expense                                         10,000

VI.    Disposal Fee for Material Collected                      120. OOP

                                       Sub-Total            $1,314,000

VU.    Miscellaneous @ 10%                                     131,000

VIII.   Agency Administration and Expense (See Exhibit D)         90. OOP

                    Total Annual Cost (Req'd Revenue)        $1, 535, 000

       *See Exhibit C for breakdown of costs

-------
EXHIBIT A.    COST BREAKDOWN FOR DISPOSAL DIVISION WITH
                         ONE SITE OPERATION

I.     LAND COST -  SANITARY LANDFILL SITE

           Metro Park East  -  400 acres amount due = $237, 000

                 Total Land Cost:                                 $237,000

H.    INITIAL SITE DEVELOPMENT

      A.   Scale and Entrance Building                 $ 61,000
      B.   Maintenance Building                        $ 87,000
      C.   Paving                                     $ 92,000
      D.   Grading                                    $ 10,000
      E.   Landscaping                                $ 10,000
      F.   Exterior Electrical                         $ 17,000
      G.   Sanitary  Sewer                             $  7,000
      H.   Water                                     $ 12,000
      I.    Fencing                                    $  9,000
      J.    Contingencies                               $ 45,000

                 Total Development                               $350, 000

III.   SITE MAINTENANCE
      Includes utilities, road material, fencing, seeding and landscaping,  drain-
      age,  and other miscellaneous  site expense.                    $ 30, 000

IV.   SITE OPERATION

      A.   Hours and Days of Operation, Metro Park East

           Days                 Hrs. /Day       Hrs. /Wk.      Hrs. /Yr.
Monday Thru
Sat. & Sun.
Total
Friday
10
8
18




50
16
65
2496

B. Equipment Operation
Item
Dozer
Compactor
Earth Mover
Grader

No.Req'd
1
1
1
1

M
12
10
8
4

T
12
10
8
4

W
12
1.0
,8
4

T
12
10
8
4

F
12
10
8
4

S S
4 4
4 4



Hrs. /Wk
68
58
40
20
L.S. /Yr.
Hrs. /Yr.
3536
3016
2080
1040
9672

-------
V.    EQUIPMENT MAINTENANCE & OPERATION

      Item                            Hrs./Yr.
      A.  Dozer
      B.  Compactor
      C.  Earth Mover
      D.  Grader
      E.  Water truck
      F.  Dump truck
      G.  Pick-up truck
      H.  Tractor/Mower
      I.   Misc. Equip.
VI.   LABOR
$/Hr.
3536
3016
2080
1564





$ 8.50
11.25
10.00
6.80
US.
L.S.
L.S.
L.S.
L.S.
$30,100
33,900
20,800
7, 100
4,000
4,000
2,000
1,000
5,000
                                        9672
          $107,900
A.








B.

C.


Wages
Item Hrs./Yr. $/Hr.
1. Equip. Operators 9,672 $4.80
2. Laborers, 4 per site 8,320 3.72
@ 2080
3. Foreman, 1 per site 2,080 5.00
@2080
4. Gatekeeper /Fee Collector 2,496 3.72
Total Wages
Benefits
29% x Wages (see development for collection labor)
Overtime
6.25% x Wages
Total Labor

$/Yr.
$46,400
31,000

10,400

9,300
$97, 100

$28,200

$ 6, 100
$131,400
VII.  EQUIPMENT PURCHASE & REPLACEMENT (See Schedule - Page 4)

     A.  Major Equipment

         1.    Dozers

               a.   Unit #1-2 years old in 1972
                    Unit #2 - 1 year old in 1972
               b.   Trade Unit #1 in 1973, for new machine.
                    New Cost $81,000 less 21,000 = $60,000 replacement
               c.   Trade Unit #2 in 1975, for new machine.
                    New cost 81,000 less  21,000 = $60,000  replacement
               d.   Continue cycle.  Trade one unit every 2 years @ $60, 000.
                                    -z-0 S-

-------
    2.    Compactors

          a.    Unit #1 new in 1971.

          b.    Purchase unit #2 new in 1973.  Keep Unit # 1 as spare.
               New Cost $70,000.

          c.    Trade Unit #1 in 1975 for new machine.
               New cost $70,000 less trade 10,000 = $60,000 replacement.

          d.    Trade Unit #2 in 1977 for new machine.
               New cost $70,000 less 10,000 = $60,000 replacement.

          e.    Continue cycle.  Trade one unit every 2 years @ $60, 000.

    3.    Earth Mover

          a.    Unit #1 purchased 1970, in used condition.

          b.    Purchase Unit #2 in 1972 new.

          c.    Trade Unit #1 in 1975, New Cost $125,000
               less old trade @  10,000 = $115,000 replacement.

          d.    Trade Unit #2 in 1978.  New Cost $125, 000
               less normal trade $45,000 = $80,000  replacement.
B.  Minor Equipment

    Requirement Items
    Water truck
    2-1/2 ton truck
    Tractor Mower
    Automobile
    Pick-up
    Grader (Used)
    Misc. equipment
    Annual replacement cost:
 Cost
$ 5,000
  6,000
  3,000
  3,600
  3,000
  6,000
  6,000
$29,000
Useful Life  Cost/Year
10 years
10 years
 6 years
 3 years
 3 years
 5 years
 5 years
$  500
   600
   500
 1,200
 1,000
 1,200
 1,200
$6,200

$6,200
                        Exhibit A
                               40?

-------
                            DISPOSAL EQUIPMENT REPLACEMENT SCHEDULE

                                       ONE SITE OPERATION
       MAJOR EQUIPMENT


YEAR
72
3
4
5
6
7
8 '
9
80
81
82
83
84
85
86
87
88
89
90
91 ;.



DOZERS ;-

60,000

60,000

60,000

60,000

60,000

60,000

60,000

60,000

60,0.00

60; 000



COMPACTORS-

70,000

60,000

60,000

60,000

60,000

60,000

60,000

60,000

60,000

60,000 •


EARTH
MOVERS
125,000


115,000


80,000


80,000


80,000


80,000


80,000


SUB TOTAL
MAJOR
EQUIPMENT
125,000
130,000
0
235,000
0
120,000
80,000
120,000
0
200,000
0
120,000
80,000
120,000
0
200,000
0
120,000
80,000
120,000
1,850,000
MINOR
EQUIP-
MENT
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
6,200
124,000
TOTAL
EQUIP-
MENT
131,200
136,200
6,200
241,200
6,200
126,200
86,200
126,200
6,200
206,200
6,200
126,200
86,200
126,200
6,200
206,200
6,200
126,200
86,200
126,200
1,974,000
FUND
"BALANCE*
130,000**
98,800
62,600
156,400
15,200
109,000
82,800
96,600
70,400
164,200
58,000
151,800
125,600
139 ,_400
113,200
207,000
100,800
194,600
168,400
182,200
156,000

^Balance in fund at year end.  Represents accumulated remainder from initial funding of $130,000
+ annual payment of $100,000 less equipment purchased.
**Ihitial funding $130,000

-------
EXHIBIT B.   COST BREAKDOWN FOR DISPOSAL DIVISION WITH
                       TWO SITE OPERATION

I.     LAND COST - SANITARY LANDFILL SITES.

      A.  Metro Park East   400 acres amount due =   $237, 000
      B.  Metro Park West   240 acres @ $1,800 =     $415,000
               Total Land Cost:                                  $652, 000

II.'   INITIAL SITE DEVELOPMENT

      A.  Metro Park East

          1.    Scale and Entrance Building           $  61,000
          2.    Maintenance Building                 $87,000
          3.    Paving                               $  92,000
          4.    Grading                              $  10,000
          5.    Landscaping                          $  10,000
          6.    Exterior Electrical                   $  17,000
          7.    Sanitary Sewer                       $   7,000
          8.    Water                                $  12,000
          9.    Fencing.                             $   9,000
         10.    Contingencies                        $  45,000
               Total Development - East                          $350,000

      B.  Metro Park West

          Assume the same as East                                $350, OOP
               Total Initial Site Development                      $700, 000

III.   SITE MAINTENANCE

      Includes utilities,  road material, fencing,  seeding and land-
      scaping, drainage and other miscellaneous site expense
      2  @ $30,000 =                                      .        $ 60,000

IV.   SITE OPERATION

      A.  Hours and Days of Operation

          1.    Site A.

               Days                     Hrs. /Day    Hrs. /Wk.    Hrs. /Yr.
               Monday thru Friday          8            40
               Saturday and Sunday          0             0
                    Total                     .40        2080

-------
          2.
Site B
               Days
               Monday thru Friday
               Saturday and Sunday
                        Hrs. /Day
                            10
                            8
                    Total
Hrs. /Wk.
   50
   16
   65
Hrs./Yr.
                                                 2496
                           Total Sites A & B
                                                 4576
      B.   Equipment Operation

          1.    Site A
V.
Item

Dozer
Compactor
Earth Mover
Grader
Other Equip.
2. Site B
Item
y^
Dozer
Compactor
Earth Mover
Grader
Other Equip.
3. Total Sites A
Item
Dozer
Compactor
Earth Mover
Grader
No. Req'd M T



1 33
.

No.Req'd M T



1 3 3

& B
Site A Site B
1820 2132
1820 2132
1820 1820
782 782
W T



3 3


W T



3 3

Total
A & B
3952
3952
3640
1564
F S S Hrs/Wk. Hrs/Yr.
7 35 1820
7 •*«; 1820
f j j A v £* v
7 m 1820
f j y * v i* \j
3 15 782
L.S. /Yr.

F S S Hrs/Wk. Hrs/Yr.
3-1 A\ •) -I 77
j rt 1 L, ij L,
37 A 1 ' 71 07
J rt I £• I j C.
7 7 R ' 1 Q7 A
• . JO 1 OC.V
15 782
L.S. /Yr.
Pieces of Avg.Hrs,
Equip. Per Each
2 1976
2 1976
2 1820
2 782
EQUIPMENT MAINTENANCE & OPERATION
Item
A. Dozer
B. Compactor
C. Earth Mover
D. Grader
E. Water truck
F. Dump truck
G. Pick-up truck
H. Tractor /mower
I. Misc. Equip.
Total
Hrs./Yr.
3952
3952
3640
1564





13,108
$/Hr.
$ 8.50
11.25
10. 00
6.80
L.S.
L.S.
L.S.
L.S.
L.S.

$/Yr.
$33,600
44,500
36,400
10,600
4,000
4,000
2, 000
1,000
5, ..000
$141, 100

-------
VI.   LABOR

      A.  Wages








B.

C.


Item Hrs./Yr. $/Hr.
1. Equip. Operators 13,108 $4.80
2. Laborers, 4 per site 16,640 3.72
@ 2080
3. Foreman, 1 per site 4,160 5.00
@ 2080
4. Gatekeeper/Fee 4,576 3.72
Collector
Total Wages 38,484 $4.31
Benefits
29% x Wages (see development for collection labor)
Overtime
6.25% x Wages
Total Labor
$/Yr.
$62,900
61,900

20,800

17,000

$162,600

$ 47,200

$ 10,200
$220,000
VII.   EQUIPMENT PURCHASE AND REPLACEMENT
      (See Disposal Equipment Replacement Schedule)
      A.   Major Equipment
          1.    Dozers:
               a.    Unit #1-2 years old in 1972
                     Unit #2 - 1 year old in 1972
               b.    Replace unit #1 in 1973, with new machine.  Keep
                     existing unit #1 as spare.  New cost $81,000.

               c.    Next replacement of unit #1 in 1976, with old spare
                     as trade-in.   New cost $81, 000 less spare @ $16, 000 =
                     $65,000 replacement cost.
               d.    Continue replacements at 3 year increments in 1979,
                     1982 etc.
               e.    Replace unit #2 in 1974.  Same pattern and costs as
                     unit #1 except 1 year later.
                                                2/3

-------
2.    Compactors:
      a.    Unit #1 New in 1971.                                  .
           Unit #2 to be purchased new in 1972.

      b.    Replace unit #1 in 1974 with new machine.  Keep
           existing unit #1 as a spare.  New cost $70,000.

      c.    Next replacement of unit #1  in 1977, with old spare
           as trade-in.  New costs $70,000 less spare @ $10, 000 =
           $60, 000 replacement cost.
      d.    Continue replacements at 3 year increments in 1980,
           1983 etc.

      e.    Replace unit #2 in 1975.  Same pattern and costs as
           unit #1 except 1 year later.

3.    Earth Movers:

      a.    Unit #1 - purchased in 1970, in used condition.
           Unit #2  - to be purchased in 1972, in used  condition.

      b.    Replace unit #1 in 1974, with new machine.  Keep
           existing #1 as  spare. New cost $125,000.

           Next replacement in 1978, with old spare for trade-in.
           New cost $125,000 less trade-in of old spare, $10,000,
           equals replacement cost $115,000.

           Next replacement of unit #1  in 1982, with normal
           trade-in.  New cost $125, 000 less trade $45, 000
           equals $80,000 replacement cost.  Continue trades
           @ 4 years for $80,000 replacement cost.

      c.    Replace unit #2 in 1976, with new machine.  Keep
           existing #2 as a spare.  Cost similar to unit #1 in b above.

                     1976    $125,000
                     1980    $115,000
                     1984    $ 80,000

-------
B.  Minor Equipment

    1.   New Purchase - Second Site

         Required Items
         Water truck
         2-1/2 ton truck
         Tractor/Mower
         Automobile
         Pick-up truck
         Grader
         Misc. Equipment
               Total New Purchase

    2.   Annual Replacement Cost
         Required Items
         Water truck
         2-1/2 ton truck
         Tractor mower
         Automobile
         Pick-up
         Grader (Used)
         Misc. equipment
Comment

need tank only
on hand
need
on hand
on hand
need (used)
need
Cost
$ 5,000
6,000
3,000
3,600
3,000
6,000
6,000
Useful Life
10 years
10 years
6 years
3 years
3 years
5 years
5 years
                                     $29,000

Total annual replacement 2 sites @ $6,200 =     $12,400/Year.
                                                                Cost
                 $16,000
                   Cost/Year
                   $  500
                      600
                      500
                    1,200
                    1,000
                    1,200
                    1,200
                   $6,200

-------
                                DISPOSAL EQUIPMENT REPLACEMENT SCHEDULE
          MAJOR EQUIPMENT

            DOZERS     COMPACTORS
jot
72
3
4
5
6
7
8
9
80
81
82
83
84
85
86
87
88
89
90
91
92
81,000
81,000

65,000
65.000

65,000
65,000

65,000
65,000

65,000
65,000

65,000
65,000

65,000
65,000
70,000*

70,000
70,000

60,000
60,000

60,000
60,00.0

60,000
60,000

60,000
60,000

60,000

60,000
60,000
EARTH
MOVERS

50,000*

125,000

125,000

115,000

115,000

80,000

80,000

80,000

80,000

80,000

80,000
SUB TOTAL
MAJOR
EQUIPMENT

120,000
 81,000
276,000
 70,000
190,000
125,000
175,000
 65,000
240,000
 60,000
145,000
125,000
140,000
 65,000
205,000
 60,000
145,000
125,000
 80,000
125,000
205,000
MINOR
EQUIP-
MENT
28,400****
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
12,400
TOTAL
EXPENDL
TURES
148,400
93,400
288,400
82,400
202,400
137,400
187,400
77,400
252,400
72,400
157,400
137,400
152,400
77,400
217,400
72,400
157,400
137,400
92,400
137,400
217,400
FUND
BAL-
ANCE ***
340, GOO**
191,600
238,200
89. ,800
147,400
 85,000
87,600
40,200
102,800
-(9600)
 58,000
 40,600
 43,200
 30,800
 93,400
 16,000
 83,600
 66,200
 68,800
116,400
119,000
 41,600
      *New Purchases for second site.
      **Initial funding $200,000 +$140,000 Annual = $340,000
      *** Balance in fund at year end.  Represents accumulated remainder from initial funding & annual
          payment less equipment purchased.
      ****$16,000 new purchase for second site + 12,400 annual minor equipment replacements = $28,400

-------
EXHIBIT C.    COST BREAKDOWN FOR COLLECTION DIVISION

I.     EQUIPMENT REPLACEMENT

      A.  Packer Trucks

          1.    Basis:

               a.    Assume chasis replaced in 4 years.  The chasis to be
                     kept for spares and for parts.  Later when all active
                     trucks of that model are retired, all remaining  units
                     are disposed of as salvage or scrap.

               b.    Assume packer bodies are moved to new chasis after
                     4 years and replaced after 8 years.  Bodies replaced are
                     kept for spares and parts.  Eventually the units are dis-
                     posed of as salvage or scrap.

          2.    Costs:

               a.    Tandem axel 25 C.Y. Capacity
                     Chasis:  New @ 11,600 •=-4 years          $2, 900/Yr.
                     Bodies:  New @ 8,500 v 8 years          $l,070/Yr.
                                   $20,100                    $3,970/Yr.

               b.    Single Axel 16 C.Y.  Capacity
                     Chasis: New® $7,900 -f 4 years           $l,980/Yr.
                     Bodies: New @ $6,500 •=- 8 years              820/Yr.
                                  $14,400                    $2,800/Yr.
                            •                           -
          3.    Fleet Requirements:

               16 units (25 C.Y.) @ $3,970/Year               $63,500/Yr.
              '  8 units (16 C.Y.) @  2,800/Year                22,400/Yr.
                     Total Packer Trucks                     $85, 900/Yr.

(Spares are included in these figures thru the elimination of trade-in values.
There will be some salvage value and this  value will offset by the expense of
moving bodies to new chasis).

               $85, 900 -r 24    =  $3,580/Yr./Avg. Unit       '
                 3, 580 -r 2080  =  $ 1.72/Hr.

     B.   Other Equipment
          1.    Pickup truck, foremen, 4  required.
               $3, 000 new less trade @ $500 = $2, 500
              . Replace @ 3 years. $2, 500 -f 3 = $830/Yr.  Ea.
               4 @ $830 =                                     $  3,300/Yr.
                                            a/'7

-------
          2.    Automobile, Asst. Super. 1 each
               $3,600 less $600 = $3,000 each.
               Replace after 3 years $3,000 v 3 =             $l,000/Yr.
                     Total Other                             $4,300/Yr.

      C.   Total Equipment Replacement Cost

          1.    Packer Trucks                               $85,900/Yr.
          2.    Other                                           4,300/Yr.
                                                            $90,200/Yr.
      D.   Equipment Replacement Fund
          See equipment schedule                            $90,000/Yr.

II.    EQUIPMENT MAINTENANCE AND REPAIR

      A.   Fuel

          1.    Fuel cost  225000  gal/yr. @ 23£ =              $51,700
          2.    Dispensing® 07£  =                            $15,800
                     Total Fuel                                       $67, 500

      B.   Tires

          1.    Replace one set @ 2 years; therefore, one set pur-
               chased in 4 year design life.

               16 tandum® 10 tires =   160
                8 single @  6 tires =    48
               Tires total one set       208
               208 T 4 yrs. = 52 tires/yr.
             . 52 @ $50. 00 each  =                            $2,600

          2.    Flat repair @ $450/month                     $  5,400

          3.    Miscellaneous                                $  1,000
                     Total Tires                                        $ 9,000

      C.   Towing   $110/month x 12                                    $ 1,300

      D.   Washing   26 trucks x 52 weeks @ $8. 50                        11,500

-------
E.  Repair
     1.    Clutch:  Sublet $135 ea.  @ 6 mo.
     2.    Brakes: Sublect $225 ea. for one complete
          brake job.  Assume equivalent of one
          complete job @  18 mo.
          3@$225/4yrs.

     3.    Transmission:  Sublet $300 ea.
          Assume 3 @ $300/4 yrs.

     4.    Engine:  Rebuild with short block
          Sublet @ $575 ea/ 4 yrs.
          Misc. repair  & tune-up

     5.    Body:

     6.    Miscellaneous
               Subtotal

     24 trucks 4- 2 spares = 26 @ $1,210

F.   Service
     1.    Material:
          Oil 22 qts. /mo @$. 20 x 12 mo.
          Filters 2 ea/mo. @ $2.00 x 12
          Hydraulic oil  2 gal/mo.  @ . 60 x 12
          Grease
          Antifreeze
               Sub total material

     2.  '  Labor
          4 MH/mo. @ $6.00 x 12
               Sub total
          24  trucks + 2  spares  = 26 @ $435. 00

G.  Misc.  Maintenance®  10%

          Total Maintenance and Repair/Year
  $270/Yr.



  $170/Yr.

  $225/Yr.
  $145/Yr.
  $100/Yr.
  $245/Yr.
  $100/Yr.

  $200/Yr.
$l,210/Yr.
            $31,500
  $53.00
   48.00
   14.00
   12.00
   20.00
 $147.00
 $288.00
 $435.00
           $11,300

            13,200

          $145,300

-------
in. LABOR


A. Wages

1.
2.
3.
4.
5.
6.



Class Men
Drivers 24
Collectors 48
Foremen 4
Dispatcher 1
Relay Driver 1
Ass't Super. 1
79
Average Wage 309. 99 '? 79 = $3.
2080 Hrs/Yr. @ $3.92 =
B. Benefits (Based on Average Man® $8,
1.
2.
3.
4.
5.




Social Security
IPERS (State Retirement)
Health & Accident
Workman's Comp. @ 2.5%
Paid Leave
a. Vacation (2 weeks)
b. Sick Leave (2 weeks)
c. Holiday (1.6 weeks)
•1. Other (1.6 weeks)
$/Hr.
$4.00
3.80
4.71
3.80
3.90
5.05

92/Hr.

154 /Yr.)









                                                             Cost/Hr.

                                                             $ 96.00
                                                              182.40
                                                               18.84
                                                                3.80
                                                                3.90
                                                                5. 05
                                                             $309.99


                                                           $8,154
                                                             $468
                                                              273
                                                              392
                                                              202
                                  7.2 weeks) = 13.8%        1,030

                              Total Benefits                          ,  $2, 365

($2, 365. 00 Benefits -=- $8, 154 annual wages = 29. 0%)
                                                                     •  • '••-'••
     C.   Overtime                                   "•.,.

          1.    Weather                              •'•
               2.0 Hrs. x 5 days = 10 hrs. /occurrence
               10 Hrs. x 6 occurrences @ 1.5 = 90 Hrs.      ,-•:

          2.    Holiday                                     ^
               2. 0 Hrs. x 5 days - 10 Hrs. /occurrence
               10 x 8 holidays @ 1. 5  -  120 Hrs.
               plus 4 hrs. x 8 holidays  32 Hrs.
               Subtotal  Holidays      152 Hrs.
                                             -2:2x7

-------
3.
4.


Total
1.
2.
3.
4.
5.
Miscellaneous 59 Hrs.
Total Overtime
Weather 90
Holiday 152
Misc. 59
Total 301 Hrs. /man®
Direct Labor
Wages $8,154
Benefits 2, 365
Overtime 1, 180
$11,699
Basic Crew 79 men @ $11,699 •=
Standby crew @ 2% Basic



$3.92 =


$925,000
19,000
                                                         $1,180




D.
               Total Direct Labor                        $944, 000

-------
                                COLLECTION EQUIPMENT REPLACEMENT SCHEDULE
YEAR
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
     BODY
25  16   $
8
8
        25
68,000  16
    8    52,000
8        68,000  16
68,000  16
    8    52,000
8        68,000  16
CHASIS
16 $
7


9



8



8



8



8
55,300


71,100
185,600


63,200
185,600


63,200
185,600


63,200
185,600


63,200
TOTAL
$/YR $ACCUM
55,300
0
0
71,100
253,600
0
0
115,200
253,600
0
0
63,200
253,600
0
0
115,200
253,600
0
0
63,200
55,300
55,300
55,300
126 ,400
380,000
380,000
380,000
495,200
748,800
748,800
748,800
812,000
1,065,600
1,065,600
1,065,600
1,180,800
1,434,400
1,434,400
1,434,400
1,497,600
MISC.
VEH.
$
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
4,300
TOTAL
PACKER +
MISC.$
59,600
4,300
4,300
75,400
257,900
4,300
4,300
119,500
257,900
4,300
4,300
67,500
257,900
4,300
4,300
119,500
157,900
4,300
4,300
67,500
ACCUM.
TOTAL
EQUIP. .$,
59,600
63,900
68,200
143,600
401,500
405,800
410,100
529,600
787,500
781,800
796,100
863,600
1,121,500
1,125,800
1,130,100
1,249,600
1,407,500
1,411,800
1,416,100
1,483,600
FUND
BAL. AT
END OF 1
30,400
116,100
201,800
216,400
48,500
134,200
219,900
190,400
22,500
108,200
193,900
216,400
48,500
134,200
219,900
190,400
122,500
208,200
293,900
316,400

-------
      EXHIBIT D.    AGENCY ADMINISTRATION AND EXPENSE

                                                     Collection      Disposal
      Item                              Amount   %  Amount  %   Amount

 1.   Wages - Administrative

      Director                          $21,100  50  $10,600    50  $10,500
      Office Manager/Secretary            8,500  50    4,200    50    4,300
      General Superintendent             13,200  50    6,600    50    6,600
      Project Engineer                   12,500  50    6,300    50    6,200
      Cashier                            7,800                100    7,800
      Billing Clerk                        5,800  10      600    90    5,200
                                          8,400  2P.    7,600    10      800

                    Subtotal            $77,300  46  $35,900    54  $41,400

 2.   Payroll taxes  (Admin.  Personnel)
      (Soc. Sec.  @ 5.2% on $9.000
      plus Ipers @ 3.5% on $7,800)       $ 4,800  46  $ 2,200    54  $ 2,600

 3.   Workman's Comp. @ .57% Avg.         400  46      200    54      200
      (Admin. Personnel)

 4.   Health & Accident Ins.                2,800  46   1,300     54    1,500
      (Admin. Personnel)

 5.   Tel., Print, Post fc Supplies         3,000  60   1,800     40    1,200

 6.   Automobiles (2) Maint. & Deprec-     3,400  50   1,700     50    1,700
      iation

 7.   Travel                             1,000  50     500     50      500

 8.   Public Relations                     2,000  50   1,000     50    1,000

 9.   Miscellaneous                       3,000  50   1,500     50    1,500

10.   Rent                              18,000  100 18,000                *

11.   Insurance PL  & PD, LIAB, UMBR    30,500  85  26,000     15    4,500

         Total Agency OH, Adm. & Exp. .$146,200     $90,100         $56,100

 *     Until headquarters are constructed, the interest earned on $123,000 for Head-
      quarters construction funds in disposal bond issue to  return $6000 jf to be used
      for rentals for disposal division.                                ~~

-------
                            A RESOLUTION AUTHORIZING THE ACQUISITION
                            AND CONSTRUCTION OF TWO SANITARY LANDFILL
                            SITES AND  EQUIPMENT THEREFOR AND THE AC-
                            QUISITION  OR CONSTRUCTION OF AN ADMINIS-
                            TRATIVE BUILDING ON LAND ACQUIRED FOR SUCH
                            PURPOSES BY THE DES MOINES METROPOLITAN
                            AREA SOLID WASTE AGENCY AND AUTHORIZING
                            THE ISSUANCE OF SOLID WASTE DISPOSAL REV-
                            ENUE BONDS IN A PRINCIPAL AMOUNT OF
                            $2,000,000 TO FINANCE THE COST THEREOF
                            AND PROVIDING FOR THE RIGHTS, REMEDIES
                            AND SECURITY OF THE HOLDERS OF SAID BONDS.

       WHEREAS, various municipalities (hereinafter referred to as "Member Municipalities") have
entered  into an Ingergovernmental Agreement pursuant to the provisions of Chapter 28E, Code of Iowa,
1971, for the purpose  of creating the  Das Moines Metropolitan Area Solid Waste Agency  (hereinafter
referred to as "Agency"); and
       WHEREAS, the  Agency was created for the purpose of providing such Member Municipalities
with the economical  collection and disposal of Solid Waste, as defined herein, produced or gene-
rated within said Member Municipalities or for the purpose of providing disposal facilities for
such Solid Waste; and
       WHEREAS, under  the terms and providions of said Intergovernmental Agreement two classes
of membership were established, a full membership and a limited membership.  The distinction
between  these memberships.is as follows:
          (a)  A Member Municipality which designates full membership in the Agency participated
in the collection and  the disposal functions of the Agency.
          (b)  A Member Municipality which designates limited membership in the Agency particlpateo
only in  the disposal functions of the  Agency; and
       WHEREAS, the  Agency has heretofore entered into a Solid Waste Disposal Service Contract with
each of  the Member Municipalities under which each of the Member Municipalities has agreed to. a
limited  membership in  the Agency, except for the Member Municipality, the City of Des Moines,' which
has also accepted the  collection service of the Agency, as further detailed ir. the subsequent
paragraph, and each  Member Municipality pursuant to said Solid Waste Disposal Service Contract has
convenanted and agreed to accept and use the disposal facilities of said Agency, and to pay ltd
proportionate share  of (l) the cost of the operation and maintenance of such disposal facilities,
(2) the  principal of and interest on the Bonds issued pursuant to this Resolution and  (3) all reserve,
renewal  and replacement fund or other  funds provided for in this Resolution, as long as the Bonds so
authorized are outstanding and unpaid.  By the terms of said Solid Waste Disposal Service Contract
no Member Municipality may terminate its obligations and commitments thereunder so long as the Bonds
issued pursuant to this Resolution are outstanding or unpaid; and
       WHEREAS, the  Agency has heretofore entered into a contract with the Member Municipality,
the City of Des Moines, pursuant to which such Member Municipality has covenanted and agreed  to
accept and use the collection facilities made available by the Agency for the collection of ito
Solid Waste and has  obligated itself to pay the cost of the operation and maintenance of said col-
lection  facilities and all other costs and expenses incurred by the Agency in providing such
collection facilities; and
       WHEREAS, in order to carry out  the aforesaid purposes of providing for disposal facilities,
the Agency must acquire and construct  two sanitary landfill sites and equipment therefor and
acquire  or construct an administrative building on land acquired for that purpose together with all
other purposes necessary, incidental and appurtenant thereto at an estimated cost of $2,000,000; and
       WHEREAS, Chapter 28F, Code of Iowa, 1971, authorizes agencies created pursuant to Chapter
28E, Code of Iowa, 1971, to issue revenue bonds for the purpose of financing the cost of such
disposal facilities; and
       WHEREAS, each of said Member Municipalities has by proceedings duly authorized and adopted
consented and agreed to the issuance of the Bonds herein authorized and to all conditions, provisions
and covenants of this  Resolution.
       NOW, THEREFORE, BE IT RESOLVED  BY THE DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY  AS FOLLOWS:
                                           ARTICLE I

                                       STATUTORY AUTHORITY
                                          AND FINDINGS

       Section 1.01.   AUTHORITY OF THIS RESOLUTION.  This resolution (hereinafter referred to ao
"Resolution") is adopted pursuant to the provisions of Chapter 28F, Code of Iowa, 1971 and other
applicable provisions  of law.
       Section 1.02.   FINDINGS.  It is hereby found, determined and declared as follows:

          (A)  That  the Des Moines Metropolitan Area Solid Waste Agency was created by agreement
pursuant to Chapter  28E, Code of Iowa, 1971, for the purpose of providing the economic collection
and disposal of solid waste or for disposal only of such solid waste as determined by each Msmbor
Municipality as evidenced by their service contract entered into by and between said Member Munici-
pality and said Agency, as more fully  described in the preambles hereof.
          (B)  That  the acquisition and construction of two sanitary landfill sites and equipment
necessary therefor and the acquisition or construction of an administrative building on land  acquired
for such purposes (hereinafter referred to as the "Project"), is essential for the economical disposal
of Solid Waste and is necessary for the protection of the health, safety end welfare of the inhabit-
ants of  each of said Member Municipalities„                .             .
          (C)  That  the Agency will derive revenues, as defined in Section 1.04 hereof, from  tho
operation of the Project and that the  revenues derived from the operation of the Project are  not
presently pledged or encumbered in any mannesr0

-------
      (D)   That  there  is  hereby authorized  the  acquisition and construction of two  sanitary
 landfill  sites  and  equipment  necessary  for the disposal  of  solid waste and the acquisition  or
 construction  of an  administrative  building on  land  acquired for such purposes for  said Agency
 and all other purposes necessary,  incidental,  desirable  or  appurtenant thereto, all  substantially
 in accordance with  the plans  and specifications prepared by Henningson, Durham and Richardson,  Inc.,
 Omaha, Nebraska, at an estimated cost of not exceeding $2,000,000.  Such cost shall  be deemed to
 include but not be  limited  to administrative expenses, acquisition and construction  costs,  engineer-
 ing,  fiscal or  financial and  legal expenses, surveys, plans and specifications, interest maturing
 on said Bonds prior to,  during and for  one year after the completion of said construction and acqui-
 sition of said  Project,  initial reserve funds, if any, acquisition of real and personal property
 and such  other  costs  as  are necessary and  incidental to  the acquisition and construction of the
 Project and the financing thereof.
      (F)   That  the  Agency shall fix, establish and  maintain such rates, tolls, fees, rentals
 or other  charges and  collect  the same from the Member Municipalities and from any  person, firm,
 corporation or  public body  using the services  and facilities of the Project in amounts sufficient
 to make all the required payments  under the provisions of.this Resolution.
      (G)   That  the  estimated  revenues to be derived from said Project will be sufficient to
 pay all costs of the  operation and maintenance of said Project, all of the principal of and interest
 on the Bonds  authorized  as  the same shall  become due, and all reserves and other payments provided
 for herein.
      (H)   That  the  principal  of and interest on the Bonds to be issued pursuant to this Resolution
 and all of the  reserve and  other payments  provided  therefor, will be paid solely from the revenues
 derived by the  Agency £com  the operation of said Project.   The Agency will never be  authorized
.to levy taxes on any  re'al or  personal' property in the Member Municipalities to pay the cost of
 the operation and maintenance of the Project,  the principal of and interest on the Bonds  authori-
 zed by this Resolution,  or  to make any  reserve or other  payments provided therefor,  and the
 Bonds authorized by this Resolution shall  be payable solely from the revenues derived from  the
 operation of  the Project as provided herein.
           The revenues derive by the Agency from the operation of its collection facilities
 are not pledged in  any manner to the payment of the Bonds authorized by this Resolution or  to any
 of the funds  or accounts created herein, but are payable solely from the revenues  derived by the
 Agency from the operation of  the Project,  as defined in  Section 1.04 hereof.
        Section 1.03.  RESOLUTION  TO CONSTITUTE CONTRACT.   In consideration oi the acceptance of the
 Bonds authorized to be issued hereunder by those who shall  hold the same from time to time,  this
 Resolution and  any  subsequent resolution amending or superseding this Resolution shall be deemed
 to be and shall constitute  a  contract between  the Agency and such Bondholders and  the covenants
 and agreements  herein or hereafter set  forth to be  performed by said Agency shall  be for the equal
 benefit,  protection and  security of the legal  holders of any and all of such Bonds and 'the  coupons
 attached  hereto, all  of  which shall be  of  equal rank and without preference, priority, or distinc-
 tion  of any of  the  Bonds or coupons over any other  thereof,  except as expressly provided therein
 and herein.
        Section 1.04.  DEFINITIONS.  That  as used in this Resolution the following terms shall have
 the following meanings:
      A.   "Agency" shall  mean  the Des Moines Metropolitan Area Solid Waste Agency,  a public
 body  corporate  and  politic  and separate legal  entity of  the State of Iowa.
      B.   "Project"  shall mean the  two (2)  sanitary  landfill sites and an administrative building
 to be acquired  and  constructed by  the Agency from the proceeds of the Bonds issued pursuant  to  this
 Resolution, together  with any and  all additions, extensions and improvements hereafter made  to  said
 Project from  any sources whatsoever, anJ shall include without being limited to, equipment  for  the
 disposal  of solid waste, either residential, comrrercial  or  industrial and all lands and interest
 therein,  plants, buildings, machinery,  pipes,  fixtures.,  equipment, and all property  real or personal,
 tangible  or intangible,  now or hereafter owned or used in connection with said Project.
      C.   "Bonds" shall mean the Solid Waste Disposal Revenue Bonds, originally authorized to be
 issued pursuant to  this  Resolution, together with any par!  passu additional Bonds  hereafter  issued
under the terms, limitations  and conditions provided herein, and the interest coupons appertaining
 to said Bonds.
      D.   "Holder of Bonds"  or "Bondholder" or  any similar term, shall mean any person who shall
be the bearer or owner of any outstanding  Bond or Bonds  registered to bearer or not registered, or
 the registered  owner  of  any outstanding Bond or Bonds which shall at the time be registered  other
 than  to bearer,  or  of any coupons  representing interest  accrued or to accrue on said Bonds.
      E.   "Board" shall mean the Agency  Board,  the governing body of the Des Moines Metropolitan
Area  Solid Waste Agency.
      F.   "Revenues  or "Gross Revenues" shall  mean  all rates, tolls, fees, rentals or other
charges or other income  received by the Agency or accrued to the Agency from the operation of said
Project,  including  those payments  received by  the Agency from the Member Municipalities under the
provisions of the Solid  Waste Disposal  Service Contract, and shall also include the investment
 income derived  from the  investment and  reinvestment of moneys on deposit in the Sinking Fund,
including the Interest Account, Principal  Account and the Reserve Account therein, the Renewal
and Replacement Fund  and the  Surplus Fund  created and established by the terms and provisions
of this Resolution.
      G.    "Operating  Expenses"  shall mean the current expenses, paid or accrued, of operation,
maintenance and ordinary current repairs of said Project and its facilities and shall include,
without limiting the generality of the  foregoing, insurance premiums,  administrative expenses of
the Agency relating solely  to the  Project,  any payments  due under any contract with other public
bodies or private persons,  firms or corporations for the furnishing to the Agency of services in
the disposal  of  solid waste,  and such other reasonable current expenses as shall be in accordance
with  sound accounting practice.  "Operating Expenses" shall not include any allowance for deprecia-
tion.
      H.   "Net Revenues"  shall mean the Gross Revenues, as defined in subsection F. above,
remaining  after deduction of  operating  expenses, as defined in subsection G. above.

-------
      I.  "Consulting Engineers" shall mean a consulting engineer or firm of consulting engineers
 nationally known and recognized In connection with the construction and operation of sanitary sites,
 retained by the Agency to perform the duties for such Consulting Engineers  provided  In this  Resolu-
 tion.
      J.  "Financial Advisor" shall mean a person, firm, or corporation, nationally known and recog-
 nized in state, municipal and public finance, retained by the Agency to perform the  duties provided
 herein for such Financial Advisor.
      K.  "Member Municipalities" shall mean the following County,  Cities, and Towns  which are members
 of the Agency pursuant to the agreement, as amended from time to time,  creating the  Agency and any
 additional Counties, Cities and Towns which may hereafter join the Agency:
                    City of Ankeny, City of Altoona, City of Carlisle,
                    City of Clive, City of Des Moines, City of Pleasant
                    Hill, City of Urbandale, City of West Des Moines
                    and City of Windsor Heights.

                    Town of Bondurant, Town of Elkhart, Town of Crimes,
                    Town of Mitchellville, Town of Polk City and Town
                    of Runnells.

                    County - Polk County.
      L.  "Service Contracts" shall mean the Solid Waste Disposal Service Contracts entered into by
 the Member Municipalities and the Agency.
      M.  "Solid Waste" shall mean garbage, refuse, rubbish, and other similar discarded solid or
 semisolid materials, including but not limited to such materials resulting  from industrial,  commer-
 cial,  agricultural, and domestic activities, but does not include  hazardous materials as defined
 now or as may hereafter be defined by the State Health Department  or any agency thereof or any
 successor Agency.  Solid Waste may also include motor vehicles, as defined  by the Iowa Code  but
 the Board shall have the right to exclude from the Project the disposition  of motor  vehicles if
 the Board determines that such motor vehicles cannot be disposed of in  an economical manner.
      N.  Words importing singular number shall include the plural  number in each case and vice
 versa,  and words importing persons shall include firms and corporations.
                                               ARTICLE II

                                    AUTHORIZATION, TERMS, EXECUTION
                                        AND REGISTRATION OF BONDS

      Section 2.01.  AUTHORIZATION AND TERMS OF BONDS.  For the purpose  of financing  the cost of
 establishing,  constructing and acquiring said Project and all other purposes necessary,  appurtenant
 or incidental  thereto, as authorized by this Resolution, there shall  be issued negotiable Solid Waste
 Disposal  Revenue Bonds of the Des Moines Metropolitan Solid Waste  Agency in the aggregate principal
 amount  of Two  Million Dollars ($2,000,000), which Bonds shall be in the denomination of $5,000 each,
 numbered  consecutively in numerical order from 1 to 400, both inclusive, shall bear  interest at not
 exceeding the  maximum legal rate of interest at the time of the sale  of said Bonds,  such interest
 being  payable  seimannually on October 1 and April 1 in each year,  payable as to both principal and
 interest  at such place or places of payment, within or without the State as shall hereafter  be
 determined by resolution of the Board,  in lawful money of the United  States of America,  and  shall
 be registrable as to principal only.  The Bonds shall mature serially in numberical  order on .
 Octooer 1 of each year in the years and amounts as follows:


                   Year         Amount             Year         Amount

                               $ 95,000             1981        $135,000
                                 95,000             1982         145,000
                                100,000             1983         150,000
                                105,000             1984         160,000
                                115,000             1985         165,000
                                120,000             1986         175,000
                                125,000             1987         185,000
                                130,000

     The  Bonds  maturing  in the  years  1973  to 1982,  both inclusive,  shall not be redeemable prior
 to  their  stated dates  of maturity.
     The  Bonds  maturing  in the  years  1983  to 1987,  both inclusive,  shall be  redeemable prior to
 their stated dates of  maturity,  at  the  option of  the  Agency,  in whole or in  part,  but  in  inverse
numerical  order if less  than all,  on October 1,  1982,  or on any Interest payment date  thereafter,
at  the  price of par and  accrued interest  to the date  of redemption.
     Section 2.02.   EXECUTION OF BONDS  AND COUPONS.   Said Bonds  shall be executed  in  the name  of
the Agency by  the manual or facsimile signature of  the Chairman and the corporate  seal of the  Agency
 shall be  affixed,  imprinted or  otherwise  reproduced thereon and attested by  the manual or facsimile
 signature  of the Secretary;  however,  at least one  signature of  said officials who  execute said Bonds
must be manual.   In case any one or more  of the officers  who  shall have  signed or  sealed any of the
Bonds shall cease to be  such officer of the Agency  before the  Bonds so  signed and  sealed have  been
actually  sold and delivered,  such Bonds may nevertheless  be sold and delivered as  herein provided
and may be  issued as if  the person  who  signed or  sealed such  Bonds had not ceased  to hold such
office.   Any Bond may  be signed  and sealed on behalf  of the Agency by such person  as  to the  actual
time of the execution  of such Bonds shall  hold the  proper office in the  Agency, although at  the
date of such Bonds  such  person  may  not  have held  such office  or may not have been  so authorized.
     The coupons to be attached  to  the  Bonds  shall  be authenticated with the facsimile signatures
of the present  or any  future  Chairman and  Secretary of  the  Agency and the Agency may adopt and
use for that purpose the facsimile  signature  of any person  who  shall have been such Chairman or
Secretary at any time  on or after the date of the Bonds notwithstanding that he may have ceased Co
be such Chairman or Secretary at the  time  when said Bonds  shall be actually  sold and delivered.

-------
      Section  2.03.   NEGOTIABILITY.   The  Bonds  shall be, and have all of the qualities and Incidents
of, negotiable  Instruments' under  the Uniform Commercial Code -  Investment Securities Low of the
State of  Iowa,  and  each successive  holder  in accepting any of said Bonds or the coupons (Appertaining
thereto shall be  conclusively  deemed to  have agreed that  such Bonds shall be and have nil of tho
qualities and incidents of negotiable Instruments under the Uniform Commercial Code - Investment
Securities Law  of the  State or Iowa,  and each  successive  holder shall further be conclusively deemed
to have agreed  that said Bonds shall be  incontestable in  the hands of a bona fide holder for value.
      Section  2.04.   BONDS MUTILATED,  DESTROYED, STOLEN OR LOST.  In case any Bonds shall become
mutilated or be destroyed, stolen or lost, the Agency may in its discretion issue and deliver
a new Bond with all unmatured  coupons, If  any, so mutilated, destroyed, stolen or lost, in exchange
and substitution  for such mutilated Bond,  and  upon surrender and cancellation of such mutilated
Bond  and attached coupons, if  any,  or in lieu  of or substitution for the Bond and attached coupons,
if any, destroyed,  stolen or lost,  and upon the holder furnishing the Agency proof of his owner-
ship  thereof and  satisfactory  indemnity  and complying with such other reasonable regulations and
conditions as the Agency may prescribe and paying such expenses as the Agency may incur.  All Bonds
and coupons so  surrendered shall  be cancelled  by the Secretary and held for the account of,the
Agency.  If such  Bond  or coupon shall have matured or be  about to mature, instead of issuing a
substituted Bond  or coupon,  the Agency may pay the same,  upon being indemnified as aforesaid, and
If such Bond or coupon be lost, stolen or  destroyed, without surrender thereof.
      Any such duplicate Bonds  and coupons  issued pursuant to this Section shall constitute original,
additional contractual obligations  on the  part of the Agency, whether or not the lost, stolen or
destroyed Bonds or  coupons be  at  any time  found by any one, and such duplicate Bonds and coupons
shall be entitled to equal and proportionate benefits with all other Bonds and coupons issued
hereunder.
      Section 2.05.   FORM OF BONDS AND COUPONS.  The text  of the Bonds and coupons shall be of
substantially the following tenor,  with  such omissions, Insertions and variations as may be
necessary and desirable and authorized or  permitted by this Resolution or any subsequent resol-
ution adopted prior to the issuance thereof:

NO.                                    UNITED  STATES OF AMERICA                         $5,000
                                             STATE OF IOWA
                             DES MOINES METROPOLITAN AREA  SOLID WASTE AGENCY
                                    SOLID WASTE DISPOSAL REVENUE BOND
      KNOW ALL MEN BY THESE PRESENTS,  that  Des  Moines Metropolitan Area Solid Waste Agency, a
public body corporate  and politic and separate legal entity of the State of Iowa, for value
received, hereby  promises to pay  to the  bearer or, if this Bond be registered, to the registered
holder as herein  provided,  on  the first  day of October, 19  , solely from the revenues, hereinafter
mentioned, the  principal  sum of   FIVE THOUSAND DOLLARS with interest thereon at the rate of
per centum (    %)  per annum,  payable semi-annually on the first day of      and the first day
of         of each  year,  upon  the presentation and surrender of the annexed coupons as they sev-
erally fall due.  Both principal  of and  interest on this  Bond are payable at
              in  lawful money  of  the  United States of America.
     This Bond  Is one  of  an authorized issue of Bonds in  the aggregate principal amount of not
exceeding $2,000,000 of like date,  tenor,  and  effect, except as to number, date of maturity (and
interest rate), issued for the purpose of  financing the cost of the construction and acquisition
of two (2) sanitary landfill sites  together with the acquisition or construction of an administra-
tive building on  land  acquired for  such  purpose and the acquisition of equipment for the disposal
of solid waste  (the "Project"), under the  authority of and in full compliance with the Constitution
and statutes of the State of Iowa,  incljding Chapter 28F, Iowa Code 1971, and other applicable
statutes, and a resolution duly adopted  by the Board of said Agency and is subject to all the terms
and conditions  of said resolution.
      The Bonds  maturing in the years  1973  to 1982, both inclusive, shall not be redeemable prior to
their stated dates  of  maturity, at  the option  of the City, in whole or in part, but in inverse
numerical order if  less than all, on October 1, 1982, or  on any interest payment date thereafter,
at the price of par and accrued interest to the date of redemption.                                  %
      This Bond  and  the coupons appertaining hereto are payable solely from and secured by a lien
upon and pledge of  the net revenues derived from the operation of said Project apd the net revenues
of said Project are pledged to the  payment thereof, all in the manner provided in the resolution-
authorizing said  issue of Bonds.  Neither  the  payment of  the principal nor any part thereof nor any
interest hereon constitutes a  debt,  liability  or obligation of any Member Municipality, as defined
in said resolution  or  of  the Agency.
     The Agency,  in said  resolution,  has covenanted and agreed with the holders of the Bonds of said
issue to fix,-establish and maintain such  rates, tolls, fees, rentals, or other charges for the
services and facilities of said Project, and to revise the same from time to time whenever necessary,
as will always  provide in each year revenues sufficient to pay the operation and maintenance
expense, to pay the principal  of  and  interest  on the Bonds then outstanding as the same become
due and payable and to make  all of  the other required payments when due into the funds created
by the resolution authorizing  the Bonds.   Said Agency has entered into certain further covenants '
with  the holders  of the Bonds  of  said issue for the terms of which reference is made to said
resolution.                                                                                .        '  .
      It is hereby certified  and recited  that all acts, conditions and things required to exist,
to happen, and  to be performed, precedent  to and in the issuance of this Bond exist, have happened
and have been performed in regular  and due form and time as required by the Laws and Constitution
of the State or Iowa applicable thereto, and that the issuance of this Bond, and of the issue of
Bonds of which  this  Bond  is  one,  is in full compliance with all constitutional or statutory limi-
tations or provisions.
     This Bond, and the coupons appertaining hereto, is and has all the qualities and Incidents of
a negotiable instrument under  the law merchant and the Uniform Commerical Code - Investment Securi-
ties  Law of the State  of  Iowa,  and  the original holder and each successive holder of this Bond, or
of the coupons  appertaining  hereto,  shall  be conclusively deemed by his acceptance thereof to have
agreed that this  Bond  and the  coupons appertaining hereto shall be and have all the qualities and

-------
incidents of negotiable  instruments under  the  law merchant and the Uniform Commercial Code-
Investment  Securities  Law of  the  State of  Iowa, and the original holder and each successive holder
of this Bond, and  of the coupons  appertaining  hereto, shall be conclusively deemed to have agreed
and consented to the following  terms and conditions:
          (a)  Title to  this  Bond, unless  registered as herein provided, and to the annexed interest
coupons, may be transferred by  delivery in the manner provided for negotiable instruments payable to
bearer in the law  merchant and  the Uniform Commercial Code - Investment Securities Law of the State
of Iowa; and
          (b) Any  person in possession'of  this Bond, unless registered as herein provided, or of
the interest coupons hereunto appertaining,  regardless of the manner in which he shall have acquired
possession, is hereby  granted power to transfer absolute title hereto by delivery hereof to a bona
fide purchaser, that is, to anyone who shall purchase the same for value (present and antecedent)
without notice of  prior  defenses  or equities or claims of ownership enforceable against his trans-
feror.  Every prior taker or  owner of this Bond, unless registered as herein provided, and of the
annexed coupons, waives  and renounces all  of his equities and rights herein in favor of each such
bona fide purchaser; and every  bona fide purchaser shall acquire absolute title hereto and to all
rights represented hereby; and                                                  .            .•
          (c)  The Agency may treat the bearer of this Bond, unless registered as herein-provided, .
or of the interest coupons hereunto appertaining, as the absolute owner hereof for all purposes
without being affected by any notice to the contrary.
               This Bond may  be registered as  to principal only in accordance with the provisions
endorsed hereon.
          IN WITNESS WHEREOF, the Des Moines Metropolitan Area Solid Waste Agency, a public body
corporate and politic  and separate legal entity of the State of Iowa, has caused this Bond to be
signed by its Chairman either manually or  with his facsimile signature, and the seal of said
Agency to be affixed hereto or  imprinted or reproduced hereon, and attested by the Secretary  ;
of the Agency, either  manually  or with his facsimile signature, and the coupons attached to be
executed with the  facsimile signatures  of said Chairman and Secretary and this Bond to be dated
the first day of April,  1972.
                                                   DES MOINES METROPOLITAN AREA SOLID
(SEAL)                                              WASTE AGENCY
Attest:
                                                   By-
Secretary or the Board of the
Des Moines Metropolitan Area
Solid Waste Agency
No.
                                                     Chairman of the Board of the Des Moines
                                                     Metropolitan Area Solid Waste Agency
                                            FORM OF COUPON
                                $
     The Des Moines Metropolitan Area Solid Waste Agency, a public body corporate and politic
and separate legal entity of the State of Iowa, for value received hereby promises to pay to the
bearer of this Bond on the first day of        ,19  , solely from the revenues described in the
Bond to which this coupon was attached, at the                                               ,
the sum of                                     Dollars ($         ) being the semi-annual interest
then due on its Solid Waste Disposal Re -enue Bond, dated April 1, 1972, and Numbered
Secretary of the Board of the
Des Moines Metropolitan Area
Solid Waste Agency:
Chairman of the Board of the
Des Moines Metropolitan Area
Solid Waste Agency
(To be Inserted in coupons maturing after first prior redemption date - "(unless the Bond to which
this coupon was attached has been duly called for redemption prior to maturity and payment thereof
duly provided for .)").                                                                       • •   •

On the back of each Bond there shall be printed the following Treasurer's Certificate:

                                    AGENCY TREASURER'S CERTIFICATE

The within Bond has been duly and properly registered in my office as of April 1, 1972.
                                                   Treasurer of the Board of the Des .Moines
                                                   Metropolitan Area-Solid Waste Agency • •

-------
                                       PROVISIONS FOR REGISTRATION

      This Bond nay be registered In the name of the holder on the books  to be  kept by the Secretary
 of the Board of the Des Moines Metropolitan Area Solid Waste Agency,  as  Registrar, or such other
 Registrar as may hereafter be duly appointed, as to principal only,  such registration being noted
 hereon by such Registrar in the registration blank below,  after which no transfer shall be valid
 unless made on said books by the registered holder or attorney duly  authorized and similarly noted
 in the registration blank below, but may be discharged from registration by being transferred to
 bearer, after which it shall be transferable by delivery,  but it may be  again  registered as before.
 The registration of this Bond as to principal shall not restrain the negotiability of the coupons
 by delivery merely.


       Date of                        In Whose Name                   Signature of
    Registration                       Registered                      Registrar
                                               ARTICLE III

                                PROJECT REVENUES AND APPLICATION THEREFOR


      Section 3.01.   BONDS SECURED BY PLEDGE OF REVENUES.   The payment  of the  principal  of and
 interest on the Bonds issued hereunder shall be secured forthwith equally and ratably by a lien
 on and pledge of Net Revenues derived from the operation of said Project in an amount sufficient
 to pay the principal of and interest on the Bonds herein authorized and  to make the  required
 payments into the funds herein created and all other payments provided for in this Resolution
 are hereby irrevocably pledged to the payment of the principal of and  interest on the Bonds
 herein authorized as the same become due and payable.
      Section 3.02.   BON'DS NOT TO BE INDEBTEDNESS OF THE AGENCY OR MEMBER MUNICIPALITIES.   Neither
 the Bonds nor coupons shall be or constitute an indebtedness, liability  or obligation of the Agency
 or of any Member Municipality within the meaning of any constitutional,  statutory or charter
 limitation of indebtedness, but shall be payable solely from the Net Revenues of said Project,
 as provided in this Resolution.  No holder or holders of  any Bonds issued hereunder,  or of any
 coupon appertaining thereto, shall ever have the right to compel the exercise of the  ad valorem
 taxing power of any Member Municipality, or taxation in any form of any  real  property therein to
 pay said Bonds or the interest thereon.
      Section 3.03.   APPLICATION OF BOND PROCEEDS.  All moneys received from the sale  of any or  all
 of the Bonds herein authorized shall be disbursed as follows:
         A.   The accrued interest and premium, if any, received upon the  delivery of  the Bonds,  shall
 be deposited in the Sinking Fund hereinafter created and  established and used for the purpose of
 paying interest on the Bonds as the same becomes due and  payable.
         B.   From the balance of such proceeds of the sale of the Bonds the Agency shall next deposit
'in the Reserve Account hereinafter created and established,  an amount  equal to the largest amount
 of principal and interest which will mature and become due on the Bonds  in any succeeding year.
         C.   The remaining proceeds of the sale of said Bonds, after the  deposit of the  amounts
 required under Subsection A and B above, shall be deposited  with a bank  or trust company having
 the authority to accept such deposits to be designated by resolution of  the Board, as Trustee,  In
 a  trust fund to be  known as the "Des Moines Metropolitan  Area Solid Waste Agency Construction
 Trust Fund" (hereinafter referred to as the "Construction Trust Fund"),  which is hereby created.
 The Agency and said bank or trust company, as Trustee, shall enter into  a Construction  Trust Fund
 Agreement concerning the application of said fund and said agreement is  to be in such form as shall
 hereafter be determined by resolution of the Board.   Said agreement shall provide, among  other  things,
 that no withdrawals shall be made from said Construction  Trust Fund, except for legal,  financial ana ,
 engineering expenses and fees, interest maturing on the Bonds prior to,  during and for  one year after
 the completion of the construction and acquisition of said Project, and  expenses and  fees in con-
 nection with the issuance and sale of the Bonds authorized by this Resolution, without  the written
 approval of the Consulting Engineers and only upon receipt by said Trustee of a written requisition
 executed by the duly authorized official in charge of the Project, specifying the purpose for which
 such withdrawal is  to be made and certifying that such purpose is one  of the  purposes provided  for
 in this Resolution.  If for any reason the moneys in said fund, or any part thereof,  are not necessary
 for, or are not applied to the purposes provided in this  Resolution, then such unapplied proceeds
 shall be deposited  by the Truste, upon certification of the  Consulting Engineers that such surplus
 proceeds are not needed for the purposes of the Construction Trust Fund,  into the Sinking Fund
 hereinafter created and established and used for the purposes provided therein.
      All of the proceeds of the sale of said Bonds shall  be  and constitute trust funds  for the  purposes
 hereinabove provided and there is hereby created a lien upon such moneys, until so applied, in  favor
 of the holders of said Bonds.
      The moneys deposited in the Construction Trust Fund  may, pending  their use for  the purposes
 provided in this Resolution, be temporarily invested in direct obligations of the United  States of
 America, or in such other obligations  as are authorized  under the laws  of the State  of Iowa,
 maturing not later  than the dates on which such moneys will  be needed  for the purpose of  the Con-
 struction Trust Fund.   All the earnings from such investments shall remain in and become  a part of
 said Construction Trust Fund and used as provided herein  for said fund.

-------
      Moneys received by the Agency from the State of Iowa or from the  United States  of America
 or any agencies thereof for the purpose of financing part of the cost  of  the establishment,
 construction and acquisition of said Project shall be deposited in the Construction  Trust Fund
 and used in the same manner as other Bond proceeds are used therein; provided,  however,  that
 separate accounts may be established in the Construction Trust Fund for moneys  received  pursuant
 to the provisions of this paragraph whenever required by Federal or State regulations.
      Section 3.04.   COVENANTS OF THE AGENCY.  So long as any of the principal of  and interest
 on any of the Bonds  shall be outstanding and unpaid, or until there has been set  apart in the
 Sinking Fund hereinafter created and established, a sum sufficient to  pay, when due,  the entire
 principal of the Bonds remaining unpaid, together with interest accrued or to accrue thereon,  the
 Agency covenants with the holders of any and all of the Bonds issued pursuant to  this Resolution
 as follows:
         A.   RATES.   That the Agency will fix, establish and maintain and  revise from time to tims
 whenever necessary such rates, tolls, fees, rentals or other charges for  the services and facili-
 ties of its Project,  and revise the same from time to time whenever necessary,  as will always  provide
 gs> .each year,  revenues sufficient to pay the cost of operating and maintaining  the Project,  to
 pay the principal, of and interest on the Bonds then outstanding as the same, become due and payable
 in each year,  to make the required payments into the reserve account and  the renewal and replace-
 ment fund or other payments or deposits required to be made in such year  by  said  Resolution.   Such
 rates,  tolls,  fees,  rentals or other charges shall not be reduced so as to be insufficient to
 provide adequate revenues for such purposes.
         B.   REVENUE  FUND.  That the entire Gross Revenues derived from the operation of  said Project
 shall  be deposited in a special fund in a bank or trust company in the State of Iowa which is  eli-
 gible  under the state laws to receive deposits 'Of state and municipal  funds, which fund  is hereby
 designated  as  the "Des Moines Metropolitan Area Solid Waste Agency Revenue Fund"  (hereinafter  referred
 to as  the "Revenue Fund").  Said Revenue Fund shall constitutue a trust fund for  the purposes  ••'•
 provided in this Resolution,  and shall be kept separate and distinct from all other .funds of the
 Agency and  used only for the purposes and in the manner provided for in this Section 3.04.
         C.   OPERATION AND MAINTENANCE.  That it will maintain in good  condition said Project and
 all  parts thereof, and will operate the same in an efficient and economical  manner,  making such
 expenditures for equipment and for renewal, repair and replacement as  may be proper  for  the  econo-
 mical  operation and  maintenance thereof.
         D.   DISPOSITION OF REVENUES.   There are hereby created and established  the following funds
 and  accounts:
     The "Des  Moines  Metropolitan Area Solid Waste Agency Sinking Fund"(hereinafter  referred to  as
 "Sinking Fund").  There are also hereby created  three (3; accounts in  said Sinking Fund  to be
 known  as the "Interest Account",  the  "Principal  Account" and the "Reserve Account .
     The "Des  Moines  Metropolitan Area Solid Waste Agency Renewal and  Replacement Fund"(hereinafter
 referred to as "Renewal and Replacement Fund").
     The "Des  Moines  Metropolitan Area Solid Waste Agency Surplus Fund"(hereinafter  referred to  as
 "Surplus Fund")..
     Said Sinking Fund and the three  (3) accounts therein shall be held and  maintained with a  bank
 or trust company as  trustee,  under a  form of trust agreement to be hereinafter  entered into be-
 tween  the Agency and  said bank or trust company,  which agreement shall  be in such form as  shall
 be determined  by .resolution to be hereafter adopted by the  Board.                           •
     All revenues at  any time remaining on deposit in the Revenue Fund  shall be disposed of only
 in tne  following manner and order of  priority:
     1.   The Agency  shall first use the revenues in said Revenue Fund  to  pay Operating Expenses
 of the  Project as defined in Section  1.04.G hereof.
     2.   The Agency  shall next from the revenues remaining  in said Revenue Fund after making all
 required payments provided for in subsection 1 hereof,  deposit into the Interest  Account  in the
 Sinking Fund,  on the  fifteenth day of each month,  beginning with the fifteenth  day of the  first
 month which is  more  than thirty days  following  the date on  which any or all  of  the Bonds  are
 delivered to the  purchaser thereof,  such sums as shall  be sufficient to pay  one-sixth of all
 interest becoming due  on the  Bonds  on the  next  semi-annual  interest payment  date.
          Under the provisions of  Section 3.03 of this  Resolution moneys held on deposit  in the
 Construction Trust Fund may be used for the payment  of  interest becoming  due  on the Bonds, prior
 to,  during  and  for one year after the construction and  acquisition of said Project.
     3.   The Agency  shall next from the revenues remaining  in said Revenue Fund,  after making  all
 the  required payments  provided for in subsection 1 and  2  hereof,  deposit  into the Principal Account
 in the  Sinking  Fund on the fifteenth  day of each month  beginning with October 15, 1972,  one-twelfth
 of all  the  principal maturing and becoming due on the next  principal maturity date on the  Bonds
 issued  hereunder.
     4.   The Agency shall next,  from  the revenues  remaining in the Revenue Fund,  after making  all
 required  payments provided for in subsections 1,  2 and  3  hereof,  deposit  into the Reserve  Account
 in the  Sinking  Fund on the fifteenth  day of each month, beginning  with  the fifteenth  day of the
 frist month  which is more than thirty days following  the  date  on which  any or all of  the Bonds
 are delivered  to  the purchaser thereof,  an amount  equal to  one-twelfth  of twenty per  cent  (1/12  of
 20%) of  the  largest amount of  principal and interest, which will mature or become due in any
 succeeding year on said Bonds.  No  further deposit shall  be required to be made in said Reserve
 Account whenever  and as  long  as the aggregate amount  then on deposit in said Reserve  Account is
 equal to  the larges amount of  principal and interest, which will mature or become due in any
 succeeding year  on said  Bonds.
     Any withdrawals from the  Reserve Account shall be  subsequently restored  from the' first
 revenues of  the  Project  available after all required current  payments for the Interest Account,
 the  Principal  Account  and the  Reserve Account including any deficiencies  for prior payments,
have been made  in full.
     There  shall be initially  deposited in said  Reserve Account  from the  proceeds of  the Bondo
pursuant  to  the provisions  of  Section 3.03.B. an  amout  equal  to  the largest  amount of principal
and interest which will mature and  become  due in  any succeeding year on said Bonds..

-------
      There shall oe Initially deposited In said Reserve  Account  from  the  proceeds  of  the  Bonds
pursuant to the provisions  of Section 3.03.B.  an amount  equal  to the  largest amount of  principal
and  Interest which will mature and become due  In any succeeding  year  on said Bonds.
      Moneys In the Reserve  Account shall be used for the purpose of the payment of principal  and
Interest on the Bonds  when  the other moneys in the  Sinking  Fund  are insufficient therefor and for
no other purpose.
      The Agency shall  not be  required to make  any further payments into said Sinking  Fund when
the  aggregate amount of moneys on deposit in said Sinking Fund are at least equal  to  the  aggre-
gate principal amount  of Bonds issued pursuant to this Resolution then outstanding, plus  the
amount  of interest then due or thereafter to become due  on  said  Bonds then outstanding.
      5.   The Agency shall next,  from the revenues remaining in the Revenue Fund,after making  all
required payments  provided  for in subsections  1,2,3 and  4 hereof, deposit into the Renewal
ana  Replacement Fund,  on the  fifteenth day of  each  month beginning with the fifteenth day of
the  first month which  Is more than thirty days following the date on  which any or  all of  the
Bonds are delivered to the  purchaser thereof,  an amount  equal  to $12,000  a month.  The  moneys
in said Renewal and Replacement Fund shall be  used  only  for the  purpose of paying  the cost of
extra ordinary expenses of  said Project, or extensions,  improvements  and  additions to or  the
replacement of capital assets of said Project  or any part thereof; provided, however, that the
moneys  on deposit  in said Renewal and Replacement Fund shall always be used to the full extent
necessary to pay the principal and interest on the  Bonds as the  same  mature and become  due whenever
the  moneys in the  Sinking Fund and the Surplus Fund are  insufficient  therefor.
      6.   If on any monthly  payment date the revenues are insufficient to  place the required amounts
in any  of the funds and accounts, as hereinafter provided,  the deficiency shall be made up in the
subsequent payments in addition to the payments which would otherwise be  required  to  be made  Into
said funds and accounts on  the subsequent payment dates.
      7.   Thereafter, the balance of any revenues remaining  in  said Revenue Fund on the  fifteenth
day  of  each month,  after all  other required payments into the  funds and accounts provided above
have been made,  including deficiencies for prior payments,  shall be considered surplus  revenues
and  deposited into the Surplus Fund and used by the Agency  for any lawful purpose  including but
not  limited to the redemption and purchase of  Bonds or to finance the cost of additons, extensions
and  improvements to the Project.
      Moneys on deposit in the Surplus Fund shall always  be  used  to the full extent necessary  to pay
the  principal and  interest  on the Bonds as the same mature  and become due whenever the  moneys in
the  Sinking Fund are, insufficient therefor.
      8.   The Revenue Fudn,  the Sinking Fund, the Principal  Account, the Interest Account  and  the
Reserve  Account therein, the  Renewal and Replacement Fund and  the Surplus Fund, created by this
Resolution shall constitute trust funds for the purposes  provided herein  for such  funds and
accounts.   Such funds  and accounts shall be continously  secured  In the same manner as State and
municipal  deposits of  funds are  required to be secured by the  laws of the State of Iowa.
      Moneys on deposit in the Revenue Fund shall not be  invested at any time.
      Moneys on deposit in the Interest Account and  the Principal Account  may be invested  In direct
obligations of the United States of America or in such other obligations  as are authorized by the
laws of  the State  of Iowa maturing not later than the dates on which  such moneys will be  needed
for  the  purposes of such accounts.
      Moneys on deposit in the Reserve Account, in the Renewal  and Replacement Fund and  in the
Surplus  Fund may be invested  in  direct obligations  of the United States of America or in  such other
obligations as are authorized by the laws of the State of Iowa maturing not later  than  such date
or dates  as the Board  shall determine.
      All  income and earnings  received from the investment and  reinvestment of moneys  on deposit
in the  Interest Account, the  Principal Account,  the Reserve Account,  the  Renewal and  Replacement
Fund and  the Surplus Fund shall  be transferred as received  to  the Revenue Fund and used in the same
manner and order of priority  as  other money on deposit therein.
      E.   SALE OF THE PROJECT.  That the Project may be sold or otherwise  disposed  of  only as  a
whole or  substantially as a whole,  and only if the  net proceeds  to be realized shall  be sufficient
fully to  retire all of the  Bonds issued pursuant to this  Resolution and all interest  thereon  to
their respective dates of maturity or earlier  redemption  dates.  The  proceeds from such sale  or
other disposition  of said Project shall immediately be deposited in the Sinking Fund and  shall be
used only  for the  purpose of  paying the principal of and  interest on  the  Bonds, as the  same shall
become due,  or the  redemption of callable Bonds,  or the purchase of Bonds at a price not  greater
than the  ten redemption price of such Bonds  on the  next ensuing  redemption date.
     The  foregoing  provison notwithstanding, the Agency  shall  have and hereby reserves  the right
to sell or otherwise dispose  of  any of the property comprising a part of  the Project hereafter
determined in the manner provided herein to  be no longer  necessary, useful or profitable  in the
operation  thereof,  for fair and  reasonable prices.
      Prior to any  such sale or other disposition of said  property the duly authorized officer in
charge of  such Project shall  make a finding  in writing determining that such property comprising
a part of  such Project is no  longer necessary,  useful or  profitable in the operation  thereof, and
such proceeds  shall be deposited in the Renewal  and Replacement  Fund.  If the amount of such  proceeds
shall exceed $25,000 such sale or other disposition shall first  be approved by the Consulting Engineers.
     F.    ISSUANCE  OF  OTHER OBLIGATIONS PAYABLE OUT OF REVENUES.  That the Agency will not issue
any  other  obligations,  except  upon the conditions and in  the manner provided herein, payable  from
the  revenues derived from the  operation of said  Project,  nor voluntarily  create or caused  to  be
created any debt,  lien,  pledge,  assignment,  encumbrance or  any other  charge having priority to or
being on a parity with the  lien  of  the Bonds issued pursuant to  this  Resolution and the interest
thereon, upon any  of the revenues of said Project.   Any other  obligations issued by the Agency
in addition to the  Bonds authorized by this  Resolution or par! passu  additional Bonds issued
under the  terms, restrictions  and conditions container in this Resolution, shall contain  an express
statement  that such obligations  are junior,  inferior and  subordinate  in all respects to the Bonds
issued pursuant  to  this  Resolution as  to lien  on and source and  security  for payment from  the
revenues of said Project and  in  all other respects.

-------
     G.   INSURANCE.   That  the  Agency will carry  such  Insurance as Is ordinarily carried by
 private  corporations  owning  and  operating similar  sanitary disposal sites as the Project
 including the  insurance  required by the Solid Waste Disposal Contract .with a reputable insurance
 carrier  or carriers,  including liability insurance and  insurance against loss or damage by fire,
 explosion, hurricane, cyclone, occupancy or other hazards and risks, and said property loss
 or damage insurance shall  at all times be in an  amount  or amounts equal to the fair appraisal
 value of the buildings,  properties, furniture, fixtures and equipment of said Project.
 In the time of war, the  Agency shall also carry  said  amount such insurance as may be available
 against  loss or damage by  the  risks and hazards  of war  at reasonable costs.  The provisions
 of each  insurance policy shall be approved by the Consulting Engineers.
     H.   BOOKS AND RECORDS.  That the Agency will keep  books and records of the Project, which
 shall be separate and apart  from all other books,  records and accounts of the Agency, in which
 complete and correct  entries shall be made in accordance with standard principles of public
 accounting of  all transactions relating to the Project, and any holder of a Bond or Bonds issued
 pursuant to this Resolution, shall have the right at  all reasonable times to inspect said project
 and all  parts  thereof, and all records, accounts and  data of the Agency relating thereto.
     The Agency shall promptly after the close of each  year cause the books, records and accounts
 of the Project for the preceding year to be properly  audited by a qualified and independent firm of
 recognized certified  public  accountants, and shall file the report of such certified public account-
 ants with the  Secretary  of the Board which report shall cover in reasonable details the operation
 of the Project, the insurance  carried with respect thereto and shall mail upon request, and mates
 available generally,  said  report, or a reasonable  summary thereto any holder or holders of Bonds
 issued pursuant to this  Resolution and shall mail a copy of said report to the original purchasers
 of the Bonds.
     I.   OPERATING BUDGET.   That the Agency shall annually in June of each year prepare and adopt
 by resolution  of its  governing body a detailed budget of the estimated expenditures for operation
 and maintenance of the Project during the succeeding year which yearly budget shall be divided
 into quarterly periods.  No  expenditures for the operation and maintenance of the Project shall be
 made in  any year in excess of  the amounts provided therefor in such budget without a written
 finding  and recommendation by  the general manager of  such Project or other duly authorized officer
 in charge thereof, which  finding and recommendation  shall state in detail the purpose of and
 necessity for  such increased expenditures for the operation and maintenance of the Project, and
 no such  increased expenditures shall be .nade until the  Board shall have approved such finding and
 recommendation by a resolution duly adopted.  No increased expenditures in excess of ten per centum
 (10%) of the amount of such  budget shall be made except upon the further certificate of the Consulting
 Engineers that such increased  expenditures are necessary for the continued operation of said Proj-
 ect.  The Agency shall mail  copies of such annual budget and all resolutions authorizing increased
 expenditures for operation and maintenance to the Member Municipalities within fifteen days of
 their adoption and shall also  mail such copies to any holder or holders of Bonds who shall file
 his address with the  Agency  and  request in writing that copies of all such budgets and resolutions
 be furnished him or them,  and  shall make available such budgets and all resolutions authorizing
 increased expenditures for operation and maintenance of the Project at all reasonable times to
any holder or  holders of Bonds issued pursuant to this  Resolution.
     J.   MAINTENANCE  OF  SAID PROJECT.  That the  Agency will maintain said Project in good condition
 and continuously operate the same in an efficient manner and at a reasonable cost as an Agency
 revenue  producing enterprise.
     K.   NO FREE SERVICES  RENDERED.  That the Agency will not render or cause to be rendered any
 free services  of any  nature  by its project or any part  thereof, nor will any preferential rates
bj established between members of the same class.
     L.   REMEDIES.  Any  holder of Bonds or of the coupons appertaining thereto issued under the
 provisions of  this Resolution  or any trustee acting for such Bondholders in the manner provided,
may either at  law or  in  equity,  by suit, action, mandamus or other proceedings in any court of
 competent jurisdiction,  protect  and enforce any  and all rights under the laws of the State of Iowa,
 or granted and contained in  this Resolution, and may enforce and compel the performance of all
 duties required by this  Resolution or by any applicable statutes to be performed by the Agency
 or by any officer thereof, including the fixing, charging and collecting of rates, tolls, fees
 or other charges for  the services and facilities of the Project.
     In  the event that default shall be made in  the payment of the Interest on or the principal
 of any of the  Bonds issued pursuant to this Resolution  as the same shall become due, or in the
 making of the  payments into  any  reserve or sinking fund or any other payments required to be made
 by this  Resolution, or in  the  event that the Agency or  any officer, agent or employee thereof
 shall fall or  refuse  to  comply with the provisions of this Resolution or shall default in any
covenant  made  herein, and  in the further event that any such default shall continue for a period
 of sixty  (60)  days, any holder of such Bonds, or any trustee appointed to represent Bondholders
as hereinafter provided, shall be entitled as of right, unless otherwise provided by law, to
 the appointment of a receiver of the Project in an appropriate judicial proceeding in a court of
competent jurisdiction, whether or not such holder or trustee is also seeking or shall have
 sought to enforce any other right or exercise any other remedy in connection with Bonds issued
 pursuant  to this Resolution.
     The  receiver so appointed shall forthwith, directly or by his agents or attorneys, enter
 into and upon and take possession of the Project, and each and every part thereof, and shall
hold, operate and maintain, manage and control such Project, and each and every part thereof,
and in the name of the Agency  shall exercise all the rights and powers of the Agency with  '
 respect  to the Project as  the Agency itself might do.   Such receiver shall collect and
 receive  all revnues. of the Project and maintain and operate such Project in the manner provided
 in this  Resolution and comply under the jurisdiction of the court appointing such receiver, with
all of the provisions of this Resolution.
     Whenever  all that is  due upon Bonds issued pursuant to this Resolution, and interest thereon,
and under any covenants  of this Resolution for reserve, sinking funds or other funds, and upon any

-------
 other obligations  and Interest thereon having a charge,  lien  or  encumbrance upon  the  revenues
 of the Project,  shall have been paid and made good,  and  all defaults under the provisions of
 this  Resolution  shall have been cured and made good,  possession  of  the Project shall  be  surrend-
 ered  to the  Agency upon the entry of an order of the  court to that  effect.  Upon  any  subsequent
 default,  any holder of Bonds issued pursuant  to this  Resolution, or any  trustee appointed for
 Bondholders  as hereinafter provided, shall have the  right to  secure the  further appointment
 of a  receiver upon any such subsequent default.
      Such receiver shall in the performance of the powers herelnabove conferred upon  him be
 under the direction and supervision of the court making  such  appointment, shall at all times
 be subject to the  orders and decrees of such  court and may be removed thereby and a successor
 receiver  appointed in the.discretion of such  court.   Nothing  herein contained shall limit
 or restrict  the  jurisdiction of such court to enter  such other and  further orders and decrees
 as such court may  deemed necessary or appropriate for the exercise  by the receiver of any
 function  not specifically .set forth herein.
      Any  receiver  appointed as provided herein shall  hold and operate such Project in the name
 of the Agency and  for the joint protection and benefit of the Agency and holders  of Bonds Issued
 pursuant  to  this Resolution.  Such receiver shall have no power  to  sell, assign,  mortgage or other-
 wise  dispose of  any assets of any kind or character  belonging or pertaining to such Project,
 except as provided herein, but the authority  of such receiver shall be limited to the possession,
 operation and maintenance of the Project for  the sole purpose of the protection of both  the Agency
 and said  Bondholders.
      The  holder  or holders of Bonds in an aggregate  principal amount of  not less  than twenty-five
 per centum (25)) of Bonds Issued under this Resolution then outstanding  may by a  duly executed
 certificate  in writing appoint a trustee for  holders  of  Bonds issued pursuant to  this Resolution
 with  authority to  represent such Bondholders  in any  legal proceedings for the enforcement and
 protection of the  rights of such Bondholders.   Such certificate  shall be executed by  such Bond-
 holders or their duly authorized attorneys or representatives, and  shall be filed in  the office
 of the Secretary of the Agency.
      M.  ENFORCEMENT OF COLLECTIONS.  That the Agency will diligently enforce and collect all
 fees,  tolls, rentals or other charges for the services and facilities of the Project, and take
 all steps, actions and proceedings for the enforcement and collection of such fees, tolls,
 rentals or other charges which shall become delinquent to the full  extent permitted or authorized
 by the laws  of the State of Iowa.
      That the Agency will, to the full extent permitted  by law,  under reasonable  rules and regulations
 discontinue  the  supplying of the services and facilities of the  Project  for the nonpayment of fees,
 tolls,  rentals or  other charges  for said services and facilities, and will not restore said service*
 and facilities until all delinquent charges,  together with interest and.  reasonable penalties,
 have  been paid in  full.
      N.  CONSULTING ENGINEERS.   That the Agency will  retain Henningson,  Durham and Richardson, Inc.,
 Consulting Engineers, of Omaha,  Nebraska,  or  other nationally knwon and  recognized consulting eng-
 ineers, to supervise the construction and acquisition of said Project authorized  herein; and after
 the completion thereof will retain on an annual basis said Henningson, Durham and Richards, Inc.,
 as Consulting Engineers, or other nationally  known and recognized consulting engineers,  to perform
 the duties provided for herein for such Consulting Engineers.
      0.  ISSUANCE  OF PARI PASSU  ADDITIONAL BONDS.  That  no par!  passu additional  Bonds,  as in this
 subsection defined, payable par! passu with Bonds issued pursuant to this Resolution  out of the
 revenues  of  said Project, shall  be issued after the issuance  of  any Bonds pursuant to this Resol-
 ution except for the purpose of  financing the cost of the construction of additions,  extensions
 and improvements to the Project.
      No such par!  passu additional Bonds shall be issued unless  the following, among  other condi-
 tions,  are complied with:
      (1.)   Such par! passu additional Bonds shall mature  on October  1 of  each year of maturity and
 the interest thereon shall be payable semi-annually on April  and October 1 of each year.
      (2)   The Agency must be current in all deposits  into the funds and  various accounts and all
 payments  theretofore required to have been deposited  or  made  by  it  under the provisions  of this
 Resolution.
      (3)   The amount of the Net  Revenues derived from the operation of the Project during any
 twelve (12)  consecutive months of the fifteen (15) months immediately preceding the issuance of
 said  par! passu  additional Bonds,  adjusted as  hereinafter provided, as certified  by a qualified
 and independent  firm of recognized certified  public accountants, shall be at least equal to one
 hundred twenty-five per centum  (125%) of the  largest  amount of principal and Interest which
 will mature  and  become due in any one year on (1) the Bonds originally issued pursuant to this
 Regolution then  outstanding,  (2)  any par! passu additional Bonds theretofore issued and  then
 outstanding,  and (3) the pari passu additional Bonds  then proposed  to be Issued.
     The  adjustment of Net Revenues which are  permitted  by the foregoing subsection (3)  hereof
 shall  be  computed  as follows:
      (a)   If the Agency,  prior to the issuance of the proposed par! passu additional Bonds,
 shall  have increased the rates,  tolls,  fees,  rentals  or  other charges for the services of said
 Project,  the Net Revenues derived  from said Project for  the twelve  (12) consecutive months of
 the fifteen  (15) months immediately preceding  the Issuance of said  pari passu additional Bonds,
 shall  be  adjusted  to show the Net  Revenues  which would have been derived from said Project
 in  such twelve (12) consecutive months  as  if  such increased rates,  fees, rentals  or other charges
 for the services of said Project had been in  effect during all of such twelve (12) consecutive
months.
      (b)   If the Agency shall have acquired or has contracted to acquire any privately owned
 existing  sanitary  landfill  area,  the cost  of which shall be paid from the issuance of the
 proposed  pari passu additional Bonds,  then the Net Revenues derived from said Project during the
 twelve  (12)  consecutive months of  the fifteen  (15) months immediately preceding the issuance of
 said pari  passu  additional  Bonds,  shall  be  increased  by  adding to the Net Revenues derived from
 said Project for said twelve  (12;  consecutive  months  the Net  Revenues which would have been derived
 from said  existing sanitary landfill area  as  if such  existing sanitary landfill area had been a

-------
 part of the Project during such twelve (12) consecutive  months.   For  the purposes  of  this  paragraph,
 the Net Revenues derived from said existing sanitary landfill  area  during  such  twelve  (12) consecu-
 tive months shall be adjusted to determine such Net Revenues by  deducting  the cost of  operation
 and maintenance of said existing sanitary landfill  area  from the Gross  Revenues of said existing
 sanitary landfill area, in the manner provided in this Resolution for the  determination of Net Revenueo,
      The term "par! passu additional Bonds" as used in this subsection  shall be deemed to  mean
 additional obligations  evidenced by Bonds issued under the provisions and  within the  limitations
 of this subsection payable from the revenues of said Project par! passu with Bonds originally
 authorized and issued pursuant to this Resolution.   Such Bonds shall  be deemed  to  have been  Issued
 pursuant to this Resolution the same as the Bonds originally authorized and issued pursuant  to
 this Resolution and all of the covenants and other  provisions  of this Resolution (except as  to
 details of such Bonds eviencing such par! passu additional obligations  inconsistent therewith),
 shall be for the equal  benefit, protection and security  of the holders  of  any Bonds originally
 authorized and issued pursuant to this Resolution and holders  of any  Bonds evidencing  additional
 obligations subsequently issued within the limitations of and  in compliance with this  subsection.
 All of such Bonds, regardless of the time or times  of their issuance  shall rank equally with respect
 to their lien on the revenues of such Project and their  sources  and security for payment therefrom
 without preference of any Bonds, or coupons, over any other.
      The term "par! passu additional Bonds" as used in this subsection  shall not be deemed to include
 bonds, notes,  certificates or other obligations subsequently Issued under  the terms of this  Resolu-
 tion,  the lien of which on the revenues of said Project  provided for  herein is  subject to  the prior
 and superior lien on such revenues of Bonds issued  pursuant to this Resolution, as provided  in
 Section 3.04.F.  hereof, and the Agency shall not issue any obligations  whatsoever  payable  from the
 revenues of the  Project, which rank equally as to lien and source and security  for their payment
 from such revenues, with Bonds issued pursuant to this Resolution except in the manner and under
 the conditions provided in this subsection.
      Notwithstanding the foregoing terms and provisions of this Section 3.04.0.,  the  Agency shall
 not be authorized to issue such par! passu additional Bonds unless  the  following conditions  have
 also been complied with:
      (1)  That each Member Municipality by resolution duly adopted  shall have authorized and approved
 the issuance of  such par! passu additional Bonds.
      (2)  That appropriate Service Contracts have been entered Into by  each Member Municipality
 pursuant to which each  Member Municipality has covenanted and  agreed  to pay its proportionate
 share  of (1) operation  and maintenance expenses,  (2) the principal  of and  interest on  such
 parl passu additional Bonds and (3) all reserves  or other funds  provided for in the proceedings
 authorizing said pari passu additional Bonds.
      P.   ASSIGNMENT OF  SERVICE CONTRACTS.   All rights of the Agency under  the provisions of  tha
 Service  Contracts, as defined herein,  to receive  payments from any  Member  Municipality shall be
 and are  hereby pledged  for the benefit and security of the holders  of the  Bonds to secure  the
 punctual performance by the Agency of all of its  obligations under  the  terms and provisions
 of  the Resolution and,  for said purpose,  such rights are hereby  assigned to the Bondholders,
 subject  however  to the  rights of the Agency, except during periods  when it may be  in default
 in  the performance of any such obligations,  to receive payment and  deposit and apply the same
 as  in  this Resolution provided,  at which time such  assigned rights  shall inure to  the  receiver
 provided for in  this Resolution to represent such Bondholders  and to  enforce all of their  rights
 under  the terms  of this Resolution and Service Contracts.
     Q.   ESTABLISHMENT  OF OTHER PROJECTS BY THE AGENCY.   Nothing contained in this Resolution
 shall  prohibit the right of the Agency to establish,  construct and  acquire any other Project;
 provided,  however, that no such other Project shall be so established,  constructed or  acquired
 unless the Consulting Engineers shall  certify that  such  other  Project will not be  competitive
 with said Project constructed and  acquired pursuant to the terms of this Resolution, and will
 not  materially or adversely affect the revenues to  be derived  from  said Project, or the rights
 and  security of  the holders of Bonds issued  pursuant to  this Resolution.
                                               ARTICLE IV
                                        MISCELLANEOUS PROVISIONS

     Section 4.01.   MODIFICATION OR AMENDMENT.  No  material modification or amendment  of this
 Resolution or  of any resolution amendatory thereof  or supplemental  thereto, may be made without
 the  consent in writing  of  the holders  of  two-thirds or more in principal amount on the Bonds
 then outstanding;  provided,  however,  that  no modification or amendment  shall permit a  change
 in  the maturity  of such Bonds or a reduction in the rate  of interest  thereon, or affecting the .
 unconditional  promise of the  Agency to fix,  maintain and  collect  fees,  tolls, rentals  and     '•
 other  charges  for said  Project  or  to pay  the interest, and principal  on the Bonds,   as  the  same
 mature or  become due, from the  Net  Revenues  of  the  Project, or reduce such percentage  of holders
 of  such  Bonds  required  above  for such  modification  or amendments, without  the consent  of the
 holders  of all the Bonds.
     Section 4.02.   SEVERABILITY OF  INVALID  PROVISIONS.   If any  one or  more of the covenants,
 agreements  or  provisions  of  this Resolution  should  be held contrary to  any express provision
 or  law or  contrary to the  policy of  express  law, though not expressly prohibited,   or against
 public policy, or shall  for  any  reason whatsoever be  held invalid, then such covenants, agree-
ments  or provisions  shall  be  null  and  void and  shall  be deemed separate from the remaining
 covenants,  agreements or provisions, and shall  in no way  affect  the validity of any of the
 other  provisions  of  this  Resolution  or of  the Bonds  or coupons issued hereunder.
     Section 4.03.   EFFECTIVE DATE.  This  Resolution  shall take  effect upon its passage in
 the manner provided  by  law.
               PASSED AND  APPROVED  this        day  of             ,1972.
Attest:
                                                                    Chairman
     Secretary

-------
DOCUMENT VIt-5

                             RESOLUTION AUTHORIZING THE ISSUANCE AND
                             SALE OF  $2,000,000 SOLID WASTE DISPOSAL
                             REVENUE  BONDS OF THE DES MOINES METRO-
                             POLITAN  AREA SOLID WASTE AGENCY AND
                             DESIGNATING THE TYPE OF MEMBERSHIP IN
                             SAID AGENCY AND FURTHER AUTHORIZING THE
                             EXECUTION OF A SOLID WASTE DISPOSAL
                             SERVICE  CONTRACT WITH SAID AGENCY.

          WHEREAS,  the City  of                    , Iowa  (hereinafter referred to as "Member Municipality").
has heretofore entered into  an Intergovernmental Agreement with the Des Moines Metropolitan Area Solid
Waste Agency  (hereinafter referred to as "Agency"), pursuant to the provisions of Chapter 28E, Code of
Iowa, 1971, for the purpose  of creating said Agency; and

          WHEREAS,  under the provisions of said Intergovernmental Agreement two classes of membership
were established, a full membership  included the collection and disposal functions of the Agency and
a limited membership included the Disposal functions of the Agency only; and

          WHEREAS,  it is necessary for the Member Municipality to designate the type of membership it
elects to accept under the terms of  said Intergovernmental Agreement; and

          WHEREAS,  it is necessary for the Agency to issue its Solid Waste Disposal Revenue Bonds in the
aggregate principal amount of $2,000,000 for the purpose of acquiring and constructing disposal facilities!
and
          WHEREAS,  it is necessary for the Agency and the Member Municipality to enter into a Solid Waste
Disposal Service Contract for the purpose of providing for the use and services of said disposal
facilities and to secure the payment of said $2,000.000 Solid Waste Disposal Revenue Bonds, now, therefore,

          BE  IT RESOLVED BY  THE CITY COUNCIL OF THE CITY OF                , IOWA:

          Section 1.  That the Member Municipality does hereby elect to accept a limited membership in
said Agency.
          Section 2.  That the Member Municipality does hereby authorize and approve the issuance and
sale by  said  Agency of $2,000,000 Solid Waste Disposal Revenue Bonds for the purpose of constructing and
acquiring certain disposal facilities.
          Section 3.  That the proper officials of said Member Municipality are hereby authorized to
execute  the -Solid Waste Disposal Service Contract for and on behalf of said Member Municipality, which
Solid Waste Disposal Service Contract shall be substantially in the form attached hereto.
          Section 4.  That all resolutions or parts of resolutions heretofore adopted by the member munici-
pality which  are inconsistant with the terms and provisions of this resolution are hereby revoked,  rescinded
and repealed.
          Section 5.  That this Resolution shall take effect immediately upon its passage in the manner
provided by law.
Moved for adoption 	;	Seconded	

Roll Call:   AYES:                   HAYES:

Passed and approved this 	day of	, 197_
                                                                MAYOR
ATTEST:
              CITY CLERK

-------
 DOCUMENT VII-6


                           SOLID WASTE DISPOSAL SERVICE CONTRACT
      THIS  AGREEMENT, made and entered into this      day of            between the City
 of                .  a municipal corporation, and the Des Moines Metropolitan Area Solid  Waste
 Agency,  hereinafter designated as the "Agency".

      WITNESSETH:

      WHEREAS, the  Agency was created and exists for the purpose of serving the needs of its members
 in such  matters of collection of and disposal of solid waste as may be agreed upon between its  Member
 Municipality, as defined herein, and the Agency; and

      WHEREAS, it has been agreed between the 'City of                   and the Agency that the  terms,
 provisions and conditions of this Agreement shall apply solely to the disposal facilities supplied by
 the Agency; and

      WHEREAS, the  City of                 , hereinafter described as the "Municipality" is a member  in
 good standing of such Agency and in a position to contract with the Agency for the disposal services
 Hereinafter enumerated upon the terms and conditions hereinafter specified; and

      WHEREAS, the  Municipality has anticipated and does anticipate that said contract for disposal
 services will ultimately prove of substantial benefit to the Municipality in the matter of improved
 services to the citizens of the Municipality and greater efficiencies in the rendition of such  service,
 and that the disposal services rendered by the Agency are in the best financial and economic interest
 of said  Municipality and are essential for the health, safety and welfare of its citizens and inhabitants;
 and said Municipality has by proceeds ing duly adopted, authorized and empowered its proper officials
 on its behalf to enter into this Agreement ; and

      WHEREAS, the  Agency is willing and able to commence its functions as such Agency in  providing
 disposal services  to said Municipality and said Agency shall continue to provide and operate such
 disposal services  for a period of not less than fifteen (15) years or to the date of the  last maturity
 of the Bonds whichever is the greater;

                   IT IS NOW THEREFORE STIPULATED AND AGREED AS FOLLOWS :

      DEFINITIONS;

      A.  This Agreement may be referred to as the "Solid Waste Disposal Service Contract" (herein
 sometimes designated as the "Agreement").

      B.  "Bonds" shall mean any bonds or notes issued in anticipation of bonds and the coupons  attached
 thereto, if any, by the Agency with regard to the financing of the Project, as defined herein,  including
 such  other bonds or notes issued in anticipation of bonds and the coupons attached thereto, if  any,
 that  may hereafter be issued by the Agency to finance all or part of the cost of the construction of
 additions, extensions and improvements to said Project.

      C.  "Contract Payments" shall mean the amounts paid or required to be paid from time to time by the
 Municipality to the Agency pursuant to the provisions of Schedule A of this Agreement.

      D.  "Member Municipality" shall mean any or all municipal bodies that are members of the Agency,
 pursuant to the Intergovernmental Agreement, dated December 18, 1969.

      E.  "Project" shall mean the two (2) sanitary landfill sites to be acquired and constructed by
 The Agency, and the acquisition or construction of an administrative building on land acquired  therefor,
 together with any and all additions, extensions and improvements hereafter made to said sites from any
 sources whatsoever, and shall include without being limited to, equipment for the disposal of solid  waste,
 either residential, commercial or industrial and all lands and interests therein, plants,  buildings,
 machinery, pipes,  fixtures, equipment, and all property, real or personal, tangible or intangible, now or
 hereafter owned or used in connection with said Project.

      F.  "Resolution" shall mean the bond resolution to be adopted by the Agency authorizing the issuance
 of  Bonds to finance the construction of the Project.

     G.  "Solid Waste" shall mean garbage, refuse,  rubbish, and other similar discarded solid or semi-
 solid materials, including but not limited to such materials resulting from industrial, commercial,
 agricultural and domestic activities, but docs not  include hazardous materials as defined now or as  may
 be defined by the State Health Department or any agency thereof or any successor Agency.   Solid Waste may
 also  include motor vehicles, as defined by the Code of Iowa, and the Board shall have the right to exclude
 from  the Project the disposition of motor vehicles  if it is determined by the Board that such motor
 vehicles cannot be disposed of in an economical manner.

     H.  "Consulting Engineers" shall mean a consulting engineer or firm of consulting engineers
 nationally known and recognized in connection with  the construction and operation of sanitary landfill
 sites, retained by the Agency.

      I,  Words importing singular number shall include the plural number in each case and vice versa,
and words importing persons shall include firms and corporations.

-------
                                         ARTICLE  I

                                   GENERAL PROVISIONS



      Section  101.   Duties  of Agency.  The Agency  shall under the terms and provisions of this
 Agreement  provide  such disposal  services to each  and every Member Municipality as shall be  suffi-
 cient  to comply with all of the  provisions of Chapter 406, Code of Iowa, 1971.

      Section  102.   Commencement  Date and Duration.  The duties and obligations assumed by the Municipality
 and  the Agency under this  Agreement shall become  effective, functional and operational and  shall commence
 on or  before  the     day of      ,  197 , but not later than the date on which the Bonds authorized by  the
 Agency for the construction of the Project are sold and delivered.

     This  Agreement and each and every provision  hereof shall remain in full force and effect with respect
 to the Project, until (i) the Municipality shall have paid in full all of the Contract Payments required
 to be  made with respect to the Project as long as any of the Bonds issued by the Agency with respect
 to the Project are  outstanding and unpaid, and (ii) the Agency shall have paid and retired, or shall
 have made  due and   adequate provision for the payment and retirement of all of the Bonds issued by the
 Agency with respect to the Project.

     Upon  the payment of all of  the Bonds issued  by the Agency to finance the cost of the Project or
 adequate provision  made for their  payment and retirement, the duties, obligations and commitments
 assumed by the Agency and  the Municipality under  the terms of this Agreement shall continue and remain
 in full force and effect until such time as the Municipality by appropriate proceedings duly adopted
 by said Municipality terminates  this Agreement and its obligations thereunder.

     Section  103.   Successors.   Subject to the terms and conditions of the Resolution, whenever the
 Agency or  the Municipality, as the case may be, is referred to herein, such provisions shall be
 deemed to  include the successor  or successors of  the Agency or the Municipality, as the case may
 be, whether so expressed or not.   Subject to the  terms and conditions of the Resolution, all of the
 covenants, stipulations, obligations and agreements by or on behalf of and other provisions for the
 benefit of the Agency or the Municipality contained herein shall bind and shall inure to the benefit
 of any officer, board, district, commission, authority, agent or instrumentality to whom or to which
 there  shall be transferred by or in accordance with law any powers, duty or function of the Agency or
 the Municipality respectively, or  of its successor, the possession of which is necessary or appropriate
 In order to comply  with any such covenants, stipulations, obligations, agreements, or other provisions
 hereof.

     "Section  104.   Parties of Interest and Interest of Bondholders.  Nothing in this Agreement expressed
 or implied is intended or  shall  be construed to confer upon any person, firm or corporation other than
 the parties hereto, the holders  of Bonds and the  coupons thereunto appertaining, any right, remedy or
 claim, legal or equitable, under or by reason of  this Agreement, this Agreement being intended to be
 and being  for the sole and exclusive benefit of the parties hereto, the holders from time to time of
 the Bonds  and the coupons  thereunto appertaining.  The Agency and the Municipality agree that this
 Agreement  is executed in part in order to induce  the purchase by others of the Bonds of the Agency to
 be issued  to finance the construction of the Project, as defined herein, and for the purposes of securing
 said Bonds, and accordingly all  of the covenants, stipulations, obligations, agreements or other provi-
 sions  on the part of the Agency  and the Municipality set forth in this Agreement are hereby declared to
 be for the benefit  of the  holders  and registered  owners from time to time of said Bonds.  The Agency
 may pledge, assign, and transfer the right to receive and collect Contract Payments in the Resolution
 together with the Agency's rights  to enforce this Agreement, and from and after such pledge, assignment,
 or transfer, such assignee shall have the Agency's rights and privileges hereunder to the extent, and
 as conferred, in such pledge, assignment, and transfer; provided, however, the Agency shall be primarily
 responsible to provide the solid waste disposal services herein contemplated.

     Section 105.   Disposal.  The Municipality does hereby agree, that to the full extent permitted
 by law, all Solid Waste generated  from within its jurisdiction shall be disposed of at the Project.

     Section 106.   Rates To Be Charged for Disposal of Solid Waste.  1.  The Agency shall fix, establish
 and maintain such rates, charges,  tolls and other fees for the disposal of Solid Waste and shall revise
 the same from time  to time as shall always be sufficient to provide the amounts set forth in Schedule
 A of this Agreement.  The  Agency under the provisions of this Section shall collect such rates, charges,
 tolls and other fees for the disposal of Solid Waste in the following manner:

     A.  The Agency shall  introduce and keep in full force and effect until the Bonds are fully paid for
 or provision duly made for their retirement a schedule of rates to be charged upon entry to the Project
 for the disposal of Solid  Waste.  The method of levying such rates shall be determined by the Agency and
 shall be revised from time to time in order to comply with the provisions of this Agreement.

     B.  The Agency shall  collect  from the Municipality at such times and in the manner hereinafter
 provided the Municipality's proportionate share or any amounts necessary which together with the revenues
 received by the Agency under subsection A above shall be sufficient to produce the amounts required
under Schedule A of this Agreement.
                                                             5--£37

-------
      Any solid waste generated  from without  the corporate  limits or jurisdiction of a Member
 Kunicipality shall be charged a minimum of fifty per cent  (50%) in excess of the rates, charges
 and tolls fixed and established,  from time to  time, by the Agency pursuant to the  provisions
 of this Section 106.

      2.  The Agency shall  prepare and adopt  a  yearly budget based on the calendar  year to  be
 adopted in June of each  year  preceding the next calendar year, of the estimated expenditures  for
 operation and maintenance,  including  debt service  requirements and reserves of the Project as
 set forth in Schedule A  hereof  and the estimated revenues  to be derived from the Project during
 the succeeding year.  Copies  of said  annual  budget shall be sent to each Member Municipality  within
 fifteen (15) days  after  its adoption.   Said  annual budget  shall be divided by the  Agency into quar-
 terly requirements and each Member Municipality within thirty (30) days after the  beginning of each
 quarter shall forward to the  Agency one-fourth (1/4) of its yearly proportionate share of  said annual
 budget; provided,  however,  that the amount to  be paid by each Member Municipality  on each  quarterly
 period shall be reduced  proportionately by the amount of rates, charges, tolls and other fees collected
 by the Agency at the site  of  the  Project, as provided in Section 106.1A. hereof.   The quarterly
 payments required  to be  made  under the provisions of this  subsection shall be paid by each Member
 Kunicipality in the manner provided in Section 401 hereof.

      Section 107.   Agency  Duties. The Agency  shall have the duty and obligation during the life  of
 this Agreement to  provide  tor the economical disposal of all Solid Waste, as defined herein produced
 or generated by each Member Municipality, to engage such employers and provide equipment,  machinery,
 buildings and grounds for  the disposal of such Solid Waste, and to take all necessary.steps to prevent
 contamination and  pollution of  the land, water and air resources of the areas involved in  the disposal
 of said Solid Waste, to  the extent that the  Agency may do  so under the provisions  of this  Agreement
 and the Resolution.


                                        ARTICLE II

                                CONSTRUCTION  OF THE PROJECT


      Section 201.   Construction of the Project.  The Agency Covenants and agrees to cause  to  be
 constructed and acquired with all reasonable speed and dispatch the Project, In accordance with
 the plans and specifications  prepared  by the Agency's engineering consultants. Henningson,  Durham
 and Richardson, Inc.  which  plans  and  specifications are on file at the Agency s office, or in ac-
 cordance with any  amendments, modifications  or changes to  such plans and specifications as shall
 have been made pursuant  to  law, and,upon the completion of said Project, to place  the same in
 operation in accordance  with  the  provisions  of this Agreement.  No change which shall result  in
 an increase in the amount of  Bonds to  be issued shall be made in any such plans and specifications
 during construction of the  Project unless such change shall be approved by the parties hereto and
 by all agencies or instrumentalities  of the  United States  of America or of the State required by
 law to approve the same.

      The Agency shall not be  deemed to be in default under the aforesaid covenant  or any other
 applicable provision hereof,  if the construction of the Project shall be delayed by the inability
 of the Agency or others  to  secure needed labor or materials, or by stormy or inclement weather
 which delays completion  of  the  Project, or by  strikes, labor disputes, lockouts, or the like
 trouble among mechanics  or  laborers which delays construction of the Project, or by acts of God,
 or by acts or neglect of the  Municipality or its agents or employees, or by regulations or restric-
 tions imposed by a governmental agency or authority, or by fire or other similar catastrophe  or
 other similar delay  beyond  the  control  of the  Agency or inability to award construction contracts
 for construction of  the  Project.for total bids that are within the estimated total construction
 costs for the Project or in the event  of the inability of  the Agency to issue its  Bonds to finance
 the cost of the Project.

      The Project shall, upon  completion, be  free and clear of all liens and encumbrances of every
 kind and character performed  in connection with the construction of the Project, including  mechanic's
 liens,  laborers' and nvaterialmen's liens and other liens similar in nature.  However, nothing
 in this Section 201  contained shall require  the Agency to  pay or cause to be discharged or  to  make
 provision for the  payment of  any  such  lien or  encumbrance  so long as the validity  thereof  shall be
 contested in good  faith by  appropriate  legal proceedings.

      Section 202.  Additional Construction.  The Agency may alter, reconstruct, improve, extend or
 acquire additions, extensions and improvements to the Project, if such construction is to  be  financed
 with funds  of the  Agency other than the proceeds of additional Bonds of the Agency, or such improvements
 may be  financed from the proceeds of additional Bonds issued by the Agency and pursuant to  this Agree-
 ment;  provided, however, that the Agency may not issue such additional Bonds, without the  prior
 approval  of  the Municipality  or without complying with the applicable provisions of the. Resolution
 relating to the  issuance of parity obligations.

      Section 203.  Financing  of Project by Agency.   The Agency agrees to finance the cost  of  the  Project
 from the  proceeds  derived from the sale  of its Bonds and covenants that the proceeds of such Bonds shall
 be  sufficient  to pay  the entire cost of said Project pursuant to the plans and specifications, proposed
 for  that  purpose.  Any moneys received  by the Agency or the Municipality for the purpose of financing
 part  of the  cost of  said Project  prior  to the  issuance of  said Bonds shall be used to reduce  the  amount
 of  Bonds  to  be  issued by the  Agency for the construction of said Project by the amount of  such moneys
 so  received,  if, however, the Agency has prior to the receipt of such moneys issued and has then  out-
 standing  its  Bonds,  such moneys so received  shall be set aside and used for the sole purpose  of paying
 the  principal  of and  Interest on  said  Bonds.

      Section 204.  Assignment of Grants, etc.  The Municipality hereby assigns to  the Agency  all  right,
 title and  interest  in and to any grant  or payment made or  to be made by the United States  of  America
 or nny  Agency or instrumentality  thereof or  by the State or any agency or instrumentality  thereof in
yespecf  to  trie  Project, and the Agency  is herebv authorized hv i-ho Municipality and The Agency

-------
hereby agrees with respect to any  such grants or payments to make such applications or other
requests for such grants or payments, to enter Into and perform any and all agreements required
to comply with any applicable laws in respect thereof and to take such other and further action
as Is required or permitted in the premises.

     Section 205.  Termination.  The Municipality may not withdraw or In any way terminate, amend,
or modify in any manner to the detriment of Bondholders this Agreement if Bonds have been issued
and are then outstanding.  Any Bonds for the payment and discharge of which, upon maturity or upon
redemption prior to maturity, provision has been made through the setting apart in a reserve fund
or special trust account created pursuant to the Resolution to insure the payment thereof, of moneys
sufficient for that purpose or through the irrevocable segregation for that purpose in a sinking
fund or other fund or trust account of money sufficient therefor, shall be deemed to be no longer
outstanding and unpaid within the  meaning of any provision of this Agreement.

     Section 206.  Governmental Approval.  The Agency and the Municipality have heretofore obtained
prior to the execution ot this Agreement, or shall promptly obtain prior to the issuance of the
Bonds, all governmental approvals,  including permits from or approvals of the State Department of
Health, or any successor department or Agency, required by law for the construction, ownership,
operation and maintenance of the Project by the Agency.


                                      ARTICLE III

                                 INDEMNITY AND INSURANCE


     Section 301.  Indemnity.  The  Agency assumes and agrees to pay the Municipality for, and the
Agency forever indemnifies the Municipality against, and agrees to save the Municipality harmless
from, any and all loss, damage, injury,costs, expenses, liability, claims, settlements, judgments,
decress and awards of every kind and notice whatsoever, including attorney's fees, costs and dis-
bursements, that may ever be claimed against the Municipality, its agents, servants, employees,
invitees or contractors, by any person, firm, corporation or other entity whatsoever on account
of any actual or alleged injury to  or death of any person or persons whomsoever, or on account
of any actual or alleged loss, damage or injury to any property whatsoever, however arising fvom
or connected with or related to or  growing out of, directly or indirectly, (a) the construction,
existence, condition, maintenance,  repair, renewal, reconstruction, extension, improvement, use,
operation, removal or alteration of the Project, or any other project or facilities owned, operated
or used by the Agency, (b) injury  to or death of, any agent, servant, employee or contractor of the
Municipality, or loss, damage or injury to any property owned or used by any agent, servant, employee,
or contractor of the Municipality,  while on or about the Project for any purpose however arising
from or connected with or related  to or growing out of, directly or indirectly, this Agreement, and/or
(c) the non-observance by the Agency, its agents, servants, employees, invitees or contractors
of the provisions of any laws, statutes, ordinances, resolutions, regulations or rules duly promulgated
by any governmental entity which may be applicable, directly or indirectly, to the Project or any
other project or facilities owned,  operated or used by the Agency, and/or (d) the non-observance by
the Agency, its agents,' servants,  employees, invitees or contractors of any of the terms and conditions
of this Agreement..

     Section 302.  Insurance.    The Agency shall, prior to the effective date of this Agreement,
insure against the following perils:

     A.  Claims for personal Injury and property damage.  The limits thereof shall be at least $300,OOO/
$500,000 for personal injury and $100,000 for property damage.
     B.  Claims arising under the workman's compensation laws of the State of Iowa.  The limits thereof
shall be at least the minimum limits required under the workmen's compensation laws of the State of Iowa.
     C.  Claims for loss, damage or injury by fire, to the Project, with extended coverage endorsement.
     D.  Claims arising under the provisions of Section 301 of this Agreement.

     Where appropriate, all insurance provided for in this Agreement shall name the Agency and the
Municipality as the insureds, as their interests may appear.

     All insurance provided for in  this Agreement shall be effected under enforceable policies issued
by insurers of recognized responsibility licensed to do business in the State of Iowa.

     All Insurance provided for in  this Agreement shall provide for at least fifteen (15) days notice
to the Municipality of any change therein or cancellation thereof.

     Prior to the effective date of this Agreement, and within ten (10) days prior to the expiration
of any insurance provided for in this Agreement,  the Agency shall deliver to the Municipality ccrti
ficatcs of insurance certifying that the insurance provided for in this Agreement is in full force
and effect.
                                                                •A??

-------
                                       ARTICLE  IV

                          FINANCIAL  PROVISIONS  BY MUNICIPALITY



      Section 401.   Budget Provision.  The Municipality shall prior to the execution  of  this
 Agreement  adopt  an  ordinance authorizing the  levying and collection of rates, charges,  tolls
 and other  fees for  the  services and  facilities  of said Project sufficient at all  times  to  pay
 its proportionate share of  the payments required under Schedule A of this Agreement.  The
 Municipality shall  within thirty  (30) days after the beginning of each quarter  forward  to  the
 Agency one-fourth of  its yearly proportionate share of the Agency's annual budget, as provided
 in Section 106.2 of this Agreement,  provided, however, the Municipality  shall .not be required
 to make any payments  to the Agency as long as the amounts collected by the Agency at the site
 of the Project as provided  in this Agreement  shall be sufficient to make all of the  payments
 required hereunder.                                         •                  .

      The Municipality shall employ its statutory powers for the enforcement of  payment  of  such
 rates, fees or other  charges for  the services provided by the Agency for the disposal of its
 Solid Waste.                                               .

                                        ARTICLE V

                               CONTRACT WITH  OTHER PARTIES


      Section 501.   Additional Parties.  The Agency may allow additional  municipalities  to
 become parties to this Agreement  upon the same  terms and conditions herein set  forth and
 this  Agreement may  be amended from time to time by written agreement, duly authorized
 and executed by  the parties hereto.


                                       ARTICLE  VI

                                        REMEDIES


      Section 601.   Legal Actions.    Every obligation assumed by or imposed upon the
 Municipality or  Agency by this Agreement or pursuant to law shall be enforceable  by
 the Municipality or Agency  or by  appropriate  legal action, and the Municipality and  the
 Agency hereby agree that in any action between  the Municipality and the  Agency  no defense
 of sovereignty will be raised against the other.


                                      ARTICLE VII

                            RESTRICTIONS ON COMPETING DISPOSAL

                                   SOLID WASTE  SYSTEMS


      Section 701.   Npn-Competitive Facilities.  So long as any Bonds of  the Agency are  outstanding,
 the Municipality shall not  grant  any franchise  or license to any person, firm,  association or
 corporation for  a competing solid waste disposal system, nor shall they  permit  any municipal  solid
 waste disposal system to compete  with the Agency.  The Municipality may, without  Agency consent,  dispose
 of construction  or  demolition material, tree  removal residue, decrepit automobiles and  other  nonputrescible
 solid waste  generated out of the  Municipality's own activities, in a disposal site apart from an
 Agency disposal  site.

      The Agency  however shall have the right  to establish, construct and acquire  any other disposal
 project, provided, however, that  no  such other  disposal project shall be so established, constructed
 or acquired unless  the Consulting Engineers shall certify that such other disposal project will not
 be competitive with said Project  constructed and acquired pursuant to the terms of the  Resolution,
 and will not materially or  adversely affect the revenues to. be.derived from said  Project,  or  the
 rights  and  security of the  holders of the Bonds issued pursuant to said  Resolution.


 	CITY	OF	,IOWA


 BY    	
      MAYOR,


 ATTEST:
CITY CLERK,


DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY
                                                  ATTEST:
         CHAIRMAN                                               SECRETARY

-------
                                       SCHEDULE A

                                    CONTRACT PAYMENTS



     Subject to the provisions of the Intergovernmental Agreement creating the Des Molnes
Metropolitan Area Solid Waste Agency and the provisions or this Agreement and all applicable
statutory provisions of the Code of Iowa, 1971, as amended, the Contract payments to be made
by the individual Municipality shall consist of a percentage of the total of the following
which percentage shall be determined by the ratio of the population of the individual Munici-
pality to the population of the area served by the Agency, less in the instances of counties
all incorporated member Municipalities included therein.  In the instances where less than
all of a census area is served by the Agency, the population thereof will be determined by a
working census to be taken by the Agency.  Said Contract Payment for the services and facilities
of the Project as determined by its Board shall consist of the following:

            1.  An amount equal to the administrative and operating and maintenance expense of
  the Agency.

            2.  An amount equal to 125% of the principal of the interest on the annual debt -ser-
  vice requirement of the Agency.

            3.  An amount equal to the cost and expense of the Agency incurred in connection
  with the authorization, sale, issuance and delivery of its bonds.

            A.  An amount equal to the requirements contained in said Resolution for the con-
  tinued maintenance of the reserve account and the renewal and replacement fund created and
  established pursuant to the Resolution.

            5.  Less the total amount collected by the Agency at the disposal site from all
  users thereof according to the posted rates established by the Agency, including amounts
  collected by the Agency at the disposal site from solid waste collection by the Agency itself.


Plans and Specification:  The plans and specifications providing for the acquisition, construction
  and maintenance of two sanitary landfill sites and the acquisition or construction of an
  administrative building on land acquired therefor which plans and specifications were prepared
  by the Agency's engineering consultant, Henningson, Durham and Richardson,  Inc., which plans
  and specifications are on file at the Agency's office.

-------
 DOCUMENT VI1-7

                               AM ORDINANCE  AUTHORIZING THE LEVY AND COLLECTION
                               OF RATES.  FEES,  TOLLS AND OTHER CHARGES FROM THE
                               RESIDENTS  OF  THE MEMBER MUNICIPALITY FOR THE SERVICES
                               OF THE  DISPOSAL  FACILITIES  PROVIDED BY THE DES MOINES
                               METROPOLITAN  AREA SOLID WASTE AGENCY.

           WHEREAS,  the  City of                         , Iowa (hereinafter referred  to  as  "Member
 Municipality*)  has  heretofore  entered into  an  Intergovernmental Agreement with the Dea Moines  Metropolitan
 Area  Solid Waste  Agency (hereinafter  referred  to as "Agency"), pursuant to the provisions of''Chapter 28E,
 Code  of Iowa,  1971,  for the purpose of creating said Agency; and

           WHEREAS,  the  Member  Municipality  has elected to accept the disposal services of said Agency only
 and is  therefore  a  limited member of  such Agency; and

           WHEREAS,  it is necessary for said Agency to issue its Solid Waste Disposal  Revenue Bonds in the
 aggregate principal  amount of  $2,000,000 for the purpose  of acquiring and constructing disposal facilities;
 and
           WHEREAS,  it is necessary for the  Member Municipality to enter into a Solid  Waste  Disposal
 Service Contract  with the Agency for  the purpose of providing for the use and services of said disposal
 facilities;  and

           WHEREAS,  it is necessary under the terms of said Solid Waste Disposal Service  Contract that prior
 to the  execution  thereof the Member Municipality enact an ordinance authorizing the levy and collection  of
 rates,  fees, tolls  and  other charges  from the  residents of said Member Municipality for  the use and
 services of said  disposal facilities;  now,  therefore,

           BE IT ORDAINED BY THE  CITY  COUNCIL OF 	. IOWA:

           Section 1.  That the Member  Municipality will fix, establish and maintain and  revise the sane
 from  time to time whenever necessary  such rates, fees, rentals or other charges for the  use and services
 of the  disposal facilities operated by the  Agency, as more fully described in the Solid  Waste  Disposal
 Service Contract, as will always provide in each year, revenues sufficient to pay the proportionate
 share of such Member Municipality for  (1) operation and maintenance expenses for said disposal  facili-
 ties, (2)   the  principal  of and  interest on the  Solid Waste Disposal Revenue Bonds, and  (3)  all  reserves.
 renewal  and  replacement  funds  and other  funds  provided for in the Resolution authorizing the issuance of
 such  Solid Waste  Disposal Revenue Bonds.

           Section 2.  That an  initial  schedule of such rates, fees, tolls and other charges to be  levied
 and collected  from the  residents of the Member Municipality for the use and services  of  said disposal
 facilities shall  be established  and put  into effect whenever necessary in order for said Member
 Municipality to comply with the  provisions  of  its Solid Waste Disposal Service Contract; provided,
 however,  the Member Municipality may  in  its discretion apply such other lawfully available  moneys  it
 has on  hand  for such purpose.

           Section 3.  That this  ordinance shall take effect after its enactment in the manner  provided
by law.
                                                             MAYOR

ATTEST!
            CITY CLERK

Moved for adoption	Seconded	   Roll Call:  Ayes	Hayes_

Passed and approved this 	day of 	, 197	;

-------
 DOCUMENT VIII-1

 ZONING ORDINANCE  for  the Unincorporated Territory of POLK COUNTY, IOWA  (Adopted July 4,  19S9  -  Revised
 August 26,  1971)

                                      ARTICLE 19

                                    SPECIAL USES

 A.  REGULATIONS.

    The regulations set forth in this Article or elsewhere in this Ordinance which are applicable
    shall apply to the special uses listed in this Article.  It is recognized that certain uses
    possess characteristics of such unique and special form as to make impractical their being
    included automatically in any class of use as set forth in the various districts established
    by this Ordinance; therefore, these uses shall be subject to certain conditions and standards
    •et forth in  this Article.

    The Board of  Adjustment may by special permit after public hearing authorize the location of
    any of  the  following structures or uses in the districts and according to the regulations
    specified below,  in approving any "special use" the Board of Adjustment may prescribe appropriate
    conditions  and safeguards; however a special use permit may not be granted for a use in a zoning
    district from which it is specifically excluded by the provisions of this Ordinance.  In addition,
    special permits in connection with which a violation occurs shall be subject to revocation by the
    Board of Adjustment.  Notice of hearing by the Board of Adjustment shall be given to all property
    owners within five hundred (500)  feet of the boundary of the property on which the special use
    is to be located by placing a notice in the United States mail at least ten (10)  days prior to
    the hearing.  Notices shall contain the time and location of said hearing.

    The provisions of this Article shall not apply to the R-4 Mobile Home Park Residence District.

B.  SPECIAL USES.

    1.  Any public building erected and used by any department of the Township, County, State or
        Federal Government.  Any District.

    2.  Airport or landing field.  A-l. R-l,  R-2, R-3,  M-l, M-2 and U-l Districts.

    3.  Establishments or enterprises involving large assemblages of people or automobiles including,
        but not limited to:

        a.  Amusement parks.
        b.  Carnivals, circuses and fairgrounds,  except as hereinafter provided.
        c.  Commercial sport or recreational  enterprises,  including amphi-theaters,  convention
            halls and auditoriums.
        d.  Rodeo grounds,  music festivals and sports festivals.   A-l, C-l, C-2.  C-3,  M-l, M-2
            and U-l Districts.

    4.  Garbage disposal.   A-l,  M-l.  M-2 and  U-l  Districts.

                                      ARTICLE 23
                                BOARD OF ADJUSTMENT

SECTION D.  JURISDICTION AND POWERS OF BOARD  OF ADJUSTMENT.

    1.  The Board of Adjustment shall have the following powers and it shall be its duty:

        a.  To hear and decide appeals where  it is  alleged there  is error in any  order,  requirement,
            decision or determination made by an  administrative official in the enforcement of this
            Ordinance or of any supplement or amendment.

        b.  To hear and decide special exception  to the terms of  this Ordinance upon which such
            Board of Adjustment is  required to pass under  this Ordinance.

            The Board of Adjustment in reviewing  an application for a special exception,  also referred
            to in this Ordinance as Special Use,  may consider the following:

            (1).  The most  appropriate use of the land.
            (2).  The conservation  and stabilization of the value of property.
            (3).  Adequate  open space for light and air.
            (4).  Concentration of  population.
            (5).  Congestion of public streets.
            (6).  The promotion of  public safety, morale,  health,  convenience,  and comfort.
            (7).  General welfare of  the persons  residing  or working in the neighborhood of
                  such use.

            In addition to  the general requirements of  this Ordinance,  in granting a special  use

-------
        permit, the Board of Adjustment may attach conditions which it find* are necessary to carry
        out the purpose of this Ordinance, in conformance with what is provided in Article 19 of this
        Ordinance, and where reasonable and necessary may increase the required lot or yard, control
        the location and number of vehicular access points to the property, limit the number of
        signs, limit coverage or height of buildings because of obstruction to view and redaction of
        light and air to adjacent property, and require screening and landscaping to reduce noise and
        glare and maintain the property in a character in keeping with the surrounding area.  A special
        use shall ordinarily comply with the standards of the district concerned for principal uses
        which are permitted therein, except as modified by the Board of Adjustment in granting a
        special use permit.

    c.  To authorize upon appeal in specific cases, such variance from the terms of this Ordinance
        as will not be contrary to the public interest, where owing to special conditions a literal
        enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so
        that the spirit of the Ordinance shall be observed and substantial justice done.

        Do variation in the application of the provisions of this Ordinance shall be made unless and
        until the Board of Adjustment shall be satisfied that granting the variation will not:

        (1).  Merely serve as a convenience to the applicant and is necessary to alleviate a
              demonstrable hardship or difficulty so great as to warrant the variation.

        (2).  Impair the general purpose and intent of the regulations and provisions contained
              in this Ordinance.

        (3).  Impair an adequate supply of light and air to adjacent properties.

        (4).  Increase the hazard from fire and other danger to said property.

        (5).  Diminish the value of land and buildings in the county.

        (6).  Increase the congestion and traffic hazards on public roads.

        (7).  Otherwise impair the public health, safety and general welfare of the inhabitants
              of the county.

2.  The concurring vote of three (3)  members of the Board of Adjustment shall be necessary to
    reverse any requirement,  decision, order,  or determination of the  Zoning Administrator or
    to decide in favor of the applicant in regard to any matter upon which the Board is authorized
    by this Ordinance to render a decision.

-------
Filed wUh the Secretary of State 9-1-71, effective 10-1-71

                                 IOWA STATE DEPARTMENT OF HEALTH

     Pursuant to the authority of section 406.5, Code 1971, the following.rules are adopted.
                       r
                                            TITLE XXV

                                    SANITARY DISPOSAL PROJECTS

                                            CHAPTER 1

                                           DEFINITIONS

     1.1 (406) T.XXV  Definitions.  For the purpose of these rules, the following terms shall have the
meaning indicated in this chapter.  The definitions set out in section 406.2 of the Code shall be con-
sidered to be incorporated verbatim in these rules.

     1.1 (1)  "Commissioner" means the Iowa Commissioner of Public Health.
     1.1 (2)  "Composting" means the controlled, biological deomposition of selected solid organic waste
materials under aerobic conditions resulting in an innocuous final product.
    , 1.1 (3)  "Department" means the Iowa State Department of Health.
     1.1 (4)  "Flood plain" means the area adjoining a river or stream which has been or may be hereafter
covered by flood water.
     1.1 (5)  "Garbage" means all solid and semi-solid, putrescible animal and vegetable wastes resulting
from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for
use as food, and all offal, excluding useful industrial by-products, and shall include all such substances
from all public and private establishments and from all residences.
     1.1 (6)  "High water table" is the position of the water table which occurs in the spring in years of
normal or above normal precipitation.
     1.1 (7)  "Incineration" means the processing and burning of waste for the purpose of volume and
weight reduction in facilities designed for such use.
     1.1 (8)  "Intermediate solid waste disposal" means the site, facility, operating procedures and main-
tenance thereof for the preliminary and incomplete disposal of solid waste, including out not limited to
transfer, open burning, incomplete land disposal, incineration, composting, reduction, shredding or
compression.
     1.1 (9)  "Land pollution" means the presence in or on the land of any solid waste in such quantity,
of  such nature and for such duration and under such condition as would affect injuriously any waters of
the state, cause air pollution or create a nuisance.
     1.1(10)  "Open burning" means any burning of combustible materials where the products of combustion
are emitted into the open air without passing through a chimney or stack.
     1.1(11)  "Open dumping" means the depositing of solid wastes on the surface of the ground or into.a
body or stream of water.
     1.1(12)  "Private agency" is defined in section 28E.2 of the Code.
     1.1(13)  "Public agency" is defined in section 28E.2 of the Code.
     1.1(14)  "Recycling" means the reutilization of natural resources and man-made products.
     I.l(l5)  "Refuse" means putrescible and non-putrescible wastes, including but not limited to garbage,
rubbish, ashes, incinerator ash, incinerator residues , street cleanings, market and industrial solid
wastes and sewage treatment wastes in dry or semi-solid form.
     1.1(16)  "Refuse collection service1 means a publicly or privately operated agency, business or service
engaged in the collf-.ting and transporting of solid waste for disposal purposes.
     1.1(17)  "Rubbish" means non-putrescible solid waste consisting of combustible and non-combustible
wastes, such as ashes, paper, cardboard, tin cans, yard  clippings, wood, glass, bedding, crockery, or litter
of  any kind.
     1.1(18)  "Rubble" means stone, brick, or similar inorganic material.
     I.l(l9>  "Salvageable material" means discarded material no longer of value for its original purpose,
but which has value if reclaimed.
     1.1(20)  "Sanitary disposal" means a method of treating solid waste so that it does not produce a
hazard to the public health or safety or create a nuisance.
     1.1(21)  ''Sanitary .disposal project" is defined in section 406.2 of the Code.
     l.l(22)  "Sanitary landfill" means a method of disposing of refuse on land by utilizing  the principles
of  engineering to confine smallest practical volume and to cover it with a layer of earth at the conclusion
of each day's operation or at such more frequent intervals as may be necessary so that no nuisance or hazard
to  the public health is created.
     1.1(23)  "Shoreland" means land within three hundred feet of the high water mark of any natural or
artificial, publicly or privately owned lake or any impoundment of water used as a source of public water
supply.
     1.1(24)  "Site" means any location, place or tract of land used for collection, storage, conversion,
utilization  incineration or burial of solid wastes.
     1.1(25
     1.1(26
     1.1(27
     1.1(28
"Solid waste" is defined in section 406.2 of the Code.
"Solid waste collection" means the gathering of solid waste from public and private places. '•'
"Solid waste storage" means the holding of solid waste pending intermediate or final disposal.
"Solid waste transportation" means tho conveying of solid waste from one place to another by
means of vehicle, rail car, water vessel, conveyor or other means.
     1.1(29)  "Toxic and hazardous wastes" moons waste materials, including but not limited to poisons,
pesticides, herbicides, acids, caustics, pathological wastes, flammable or explosive materials and similar
harmful wastes which require special handling and which must be disposed of in such a manner ns to co'nserve
the environment and protect the public health and safety.
     1.1(30)  "Transfer station" means a fixed or mobile intermediate solid waste disposal facility for  .
transferring loads of solid waste, with or without reduction of volume, to another transportation unit.-'. ;'•


                                            CHAPTER 2

                        GENERAL CONDITIONS, PROHIBITIONS, AND REQUIREMENTS

     2.1(406)  T.XXV  Permit required.  A new sanitary disposal project shall not be established after the
effective date of these rules until ? r>«rmir .is issued bv the Commissioner.

-------
      2.2(406)   T.XXV  Details  of plan proposals.  Cities, towns, and counties and private agencies which are
 operating  or planning  to  operate a  sanitary disposal project shall file with the Commissioner a plan on a
 form provided  by the Commissioner detailing the method proposed to comply with the requirements of chapter
 406  or  the Code of  Iowa.  The  plan  shall be filed with the Commissioner prior to November 12, 1972.

      2.3(406)   T.XXV  General  conditions.

        2.3(1)   A public or private  agency dumping or depositing solid waste resulting from its own residential,
 agricultural,  manufacturing, mining, commercial or other activities on land owned or leased by it must operate
 and  maintain such sites so that they create no public health hazard or nuisance.

        2.3(2)   All  solid  waste shall be stored, collected, transported, utilized, .processed, reclaimed or
 disposed of in a manner consistent  with requirements of these rules.

        2.3(3)   The  Commissioner has the authority to grant such exceptions from these rules as he may con-
 sider proper and in the public interest.

      2.4(406)   T.XXV  General  prohibitions.

        2.4(1)   Open dumping is prohibited except for rubble.

        2.4(2)   No public  or private agency shall dump or deposit solid waste on any land not its own unless
 the  site is leased  or  covered  by satisfactory use agreements conveying to the agency such privilege.

        2.4(3)   No disposal of  toxic or hazardous wastes shall be made unless explicit instructions are first
 obtained from  the Commissioner of Public Health.

        2.4(4)   Radioactive materials shall not be disposed of in a sanitary disposal project.  Luminous
 timepieces are exempt.

        2.4(5)   No permit  shall be granted if the location of the site or operation of the facility does not
 conform to all applicable federal and state laws and local ordinances and regulations.

      2.5(406)   T.XXV  Storage, collection and transportation of solid waste.

        2.5(1)   Solid waste storage.  Public agencies shall be responsible for regulations of storage of all
 solid waste accumulated   at a  premise, business establishment or industry within their jurisdiction.  Local
 regulations should  include specifications for storage containers and provision for the adequate labeling of
 toxic and  hazardous wastes.  These  regulations shall be adequate to prevent the creation or public health
 hazards and nuisances.

        2.5(2)   Collection and  transportation.

         a.  Where  a refuse collection service is a part of a sanitary disposal.project, the sanitary disposal
 project shall  be responsible for the collection and transportation of all solid waste accumulated at serviced
 premises,  business  establishments and industries, in a manner free of hazard or nuisance, to an authorized
 solid waste disposal site or facility.  Public or private agencies not a part of a sanitary disposal project
which collect  and transport solid waste to a sanitary disposal project shall be answerable for an operation
 free  of hazard or nuisance to  the public agency responsible for the sanitary disposal project.

         b.  Vehicles  or  containers used for the collection and transportation of garbage and similar put-
 rescible wastes  or  refuse containing such materials shall be leakproof, durable and of easily cleanable
construction.   They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be main-
 tained  in  good repair.

         c.  Vehicles  or  containers used for the collection and transportation of any solid waste shall be
 loaded an3" moved in such  a manner that the contents will not fall, leak or spill therefrom, and shall be
covered to prevent  blowing or  loss  of material.  Where spillage does occur, the material shall be picked up
 Immediately by the  collector or transporter and returned to the vehicle or container and the area properly
 cleaned.

         d.  Vehicles  and containers used for the collection and transportation of .toxic and' hazardous
wastes  shall be  so  constructed that they can be loaded, moved and unloaded in a manner that does not create
 a danger to public  health or safety and in compliance with these rules and federal and state laws and local
 ordinances and regulations.


                                            CHAPTER 3

                                        SANITARY LANDFILL

      3.1(406)  T.XXV  Plan for sanitary landfill.  A plan proposing the use of a sanitary landfill shall be
prepared by or under the  direct supervison of an engineer in conformity with chapter 114, Code of Iowa, and
 submitted  in triplicate and shall include the following supporting documents:

       3.1(1)  A map or aerial photograph of the area showing land use and zoning within one-half mile of
 the  solid  waste  disposal  site.  The map or aerial photograph shall be of sufficient scale to show all homes,
buildings,  lakes, ponds,  watercourses, wetlands, dry runs, rock outcroppings, roads and other applicable
details including topography and drainage patterns.  Wells shall be identified on the map or aerial photo-
graph.  A  tl.S.C.  and G.S. or U.S.G.S. Bench Mark should be indicated, if available, and a north arrow drawn.
The boundaries of the  solid waste disposal site will be indicated on the map or aerial photograph.

       3.1(2)  A plot  drawing  of the site and the immediately adjacent area showing dimensions, topography
with  appropriate contour  intervals, drainage patterns, known existing drainage tiles, locations where any
 feblogic samples were  token, all water wells with their uses and present and planned pertinent features
 ncluding  but  not limited to roads, fencing and cover stockpiles.  The scheme of development including
any excavation,  trenching and  fill  should be shown progressively with time and the monitoring methods to bo
used  to insure compliance with the  scheme shall be described.  Cross-sectional drawings or other suitable
evidence shall be provided showing  progressively with time the original and proposed elevation of excavating,
trenching,  and  fill.   The plot drawing shall be in appropriate scale.

-------
        3.1(3)  An ultimate land use  proposal,  Including  intermediate use  stages, with time schedules in-
 dicating the total and complete land use.   Final  elevation  slope and permanent  drainage  structures
 of the completed landfill shall be included.   Any supporting drawings to  the ultimate land use proposal shall
 be in appropriate Scale.

      .  3.1(4)  A report shall  accompany  the drawings.  It shall include data of the  following types:

          a.   A stratigraphic section beneath the  proposed site from the surface to and including at least
 five  feet~~of the uppermost bedrock unit  or  to  a depth of at least fifty feet of penetration into a .
 homogenous till unit.   The lithologies shall be described in terms of grain size distribution including
 the gravel,  sand, silt, and clay classes and Atterberg limits shall be determined.

      Samples of sediments and  rock units shall be collected at five-foot  intervals or when different litho-
 logies are encountered, whichever is most frequent.  Samples shall be identified by  location and depth.  The
 name  of the  person classifying the sediments shall be indicated.  One complete  set of unaltered sack samples
 shall be submitted with the application.

      A drilling location plan  and drilling  log shall be submitted for each series of  samples.

          b.   Source and characteristics  of  cover  material if not included in the information submitted  in
 paragraph~3.1(4) (a),  above.

          c.   Area of site in acres.
    '  V   """
          d.   Owner of  site.

          e.   An organization chart,  personnel  manning table and table of equipment for the  management,
 operation~and maintenance of the site shall be prepared and submitted.  A contingency plan  covering equipment
 breakdown shall be included.

          f_.   Information indicating  that the proposed landfill is:

           (1)  So situated as to obviate any  significant, predictable lateral  leakage of  leachates from the
 landfill to  shallow unconsolidated  aquifers that are in actual use or are deemed to  be of  potential use as
 a  local water resource.

           (2)  So situated that the base of the  proposed landfill is at least  five feet above  the  high
 water table.

           (3)  Not in significant hydrologic  subsurface or surface connection with standing or flowing
 surface water.

           (4)  Not situated in an unconsolidated sequence that will permit more than 0.04  cubic  foot of
 liquid per day per square foot of area downward leakage into a subcropping bedrock or alluvial  aquifer  if
 such  an aquifer is present  benrath or adjacent to the proposed site.  The potential downward leakage will
 be evaluated  by means  of  the generalized Darcy's  Law Q = P1A where:
              3                   2
      Q » feet  of liquid/day/foot of area  of  the interface,
                        ,>'
      P • coefficient of.permeability of the unconsolidated confining unit,

      I « the  hydrologic gradient derived by the function:  piezometric head in the unconsolidated sediments
          minus  the piezometric  head  in the bedrock aquifer divided by the thickness  of the conl^ning unit
          of  lowest permeability nominated  to  retard downward migration of liquids or  derived by other
          acceptable engineering practices, and

      A « one  square foot  of area at  the base of the landfill.

       (5) Outside a flood plain or shoreland, unless proper engineering and sealing of the  site will  render
 It acceptable  and prior approval of  the  Iowa Natural Resources Council and where necessary  the  U.S.  Corps
 of Engineers  is  obtained.

       (6)  At  least one thousand  feet from any existing well that  draws water for human ?r  livestock consump-
 tion  from an  aquifer that underlies and is  in hydrologic connection with the landfill.  This is meant to
 Include  any bedrock aquifer that  is  the uppermost  subcropping bedrock unit beneath the unconsolidated
 sequence In which the  landfill  is to  be developed.

       (7)  At  least  one mile from a municipal well or a municipal  water intake from a  body of static water
or one mile upstream or one thousand  feet downstream from a riverine intake,  unless hydrologic conditions
are such that  a  greater distance  is required or a  lesser distance  can be permitted without an adverse
effect  on the water supply.

       (8)  Beyond five  hundred  feet at the time of commencement of construction of the sanitary Innflll  from
the nearest edge  of  the righVof-way of any state highway or beyond one thousand feot  from the nearest edt;e
of the rigJt-of-way  of an  interstate or federal primary highway,  unless the site is screened by natural  ob-
jects  ,  planting,  fences  or other appropriate means so as not  to be visible from the highway.

       (9)  Beyond five  hundred  feet from an occupied dwelling  unless the site  is screened by natural ob-
jects, planting,  fences or by  other appropriate means.

         g.  Should  conditions  in violation of subparagraphs 3.1 (4) (f) (1),  (2),  (3), (4) or  (5)  exist,
the original plan must  be engineered  to effect equal protection to the water resources.

         h.   Information  indicating compliance with chapter 2  of these rules.

          1..   Intended operating  procedures shall  include  at least  the  following conditions:

           (1)   Open burning shall be prohibited except when permitted by  the  rules of the lowo Air  Pollution
Control Commission.  Any  burning to be conducted by the sanitary disposal  project  shall be at a location
separate and distinct from the  sanitary i»~
-------
            (2)   Solid waste  shall not  be deposited in such a manner that material or  leaching  therefrom
 may cause  pollution of ground  or surface waters.

            (3)   Dumping of solid waste shall be confined to as small an area as practicable, and  the area
 shall  be surrounded with appropriate barriers to confine possible wind-blown material to the area.  At the
 conclusion of each day of operation, any wind-blown material strewn beyond the confines of the area should
 be  collected and returned to the area.

            (4)   The deposited  refuse shall be uniformly distributed and compacted in  layers with  a height
 and operating face slope which will permit thorough compaction into cells.

            (5)   Refuse shall be compacted as densely as practicable and covered after each day of operation
 with a compacted layer of at least six inches of earth.

            (6)   Provision shall be made to have cover material available for winter operations.

            (7)   Each site shall be graded and provided with drainage facilities to minimize the flow of
 surface water onto and into  the fill and to prevent erosion and the collection of standing water.

            (8)   A minimum distance of  twenty feet shall be maintained between the disposal operation and
 the adjacent property line unless suitable arrangements have been made with the owner of the abutting
 property.

            (9)   Effective state-approved means shall be taken to control flies and other insects, rodents
 or  vermin.

            (10)  The approach road to the disposal site shall be of all-weather construction and maintained
 in  good condition.                                                              .

            (11)  Equipment shall be available to control accidental fires in the sanitary landfill.
 Arrangements shall also be made with the local fire protection agency to acquire their services immediately
 when needed.

            (12)  Telephone or other adequate facilities and shelter shall be available on site.

            (13)  Sanitary facilities and shelter shall be available on site.

            (14)  Scavenging shall be prohibited.  Any salvaging to be permitted at the site must be described.

            (15)   An attendant  shall be on duty at the site at all times while it is open for public use.

            (16)  The site  shall be fenced to control accesss and a gate shall be provided at the entrance
 to  the site and  kept  locked  when an attendant is not on duty.

            (17)  A permanent  sign shall be posted at the site entrance identifying the operation,  showing
 the permit number of the  site, indicating the hours and days the site is open, specifying the penalty for
 unauthorized dumping,  identifying the  location, if any, on the site, which has been designated for
 disposal of toxic and  hazardous wastes and providing other pertinent information.

            (18)  Within one month after final termination of the site or a major part thereof, the area
 shall be covered  with  at  least two feet of compacted earth material, free from cracks and extrusions of
 refuse, adequately  ^ :aded to allow surface water runoff.

            (19)  The finished surface of the filled area shall be repaired as required, covered with soil, and
 seeded with native  grasses or  other suitable vegetation immediately upon completion or promptly in the spring
 on  areas terminated during winter conditions.  If necessary, seeded slopes shall be covered with  straw or
 similar material  to prevent  erosion.

           (20)  Prior  to  completion of a sanitary landfill site, the Commissioner shall be notified.in order
 that a site investigation may  be conducted before earth-moving equipment is removed from the property.


                                            CHAPTER 4

                                   COMBUSTION IN AN INCINERATOR

    4.1(406)  T.XXV   Any  sanitary disposal project using or planning to use incineration must obtain a permit.

    4.2(406)  T.XXV   Any  sanitary disposal project incinerating or planning to incinerate toxic and hazardous
waste must apply  for a  special permit for this purpose.

    4.3(406)  T.XXV   All  incinerators must be approved as to design and operated in conformity with emission
 limitations imposed by  rules of the Iowa Air Pollution Control Commission.

    4.4(406)  T.XXV  Application for permit will be submitted to the Department on the appropriate forms and
 shall include the following  supporting documents:

     4.4.(1)  A map or aerial photograph in triplicate indicating land use and zoning within one-half mile
of  the facility.  The mnp or aerial photograph shall  be of adequate scale to show all homos,  buildings,
 roads and other applicable details.   Boundaries of the incineration site will be clearly indicated on the
map or aerial photograph.

     4.4.(2)  Sets of plans and specifications In triplicate prepared by a registered engineer In conformity
with chapter 114, Code of Iowa, clearly indicating the construction existing or to be undertaken.   These
plans arid' specifications  shall  include the location,  type and height of all buildings within five hundred
feet of the existing or proposed installation.

     4.4(3)  An engineering report  to include furnace design criteria,  existing or expected performance

-------
data, the present and future population and extent of the area to be served by the Incinerator,  the
characteristics, quantities and sources of the solid waste to be processed.
         »•>
     4.4(4)   Intended operating procedures including plans for the disposal of Incinerator residue,
the present or expected amount of such residue and plans for the emergency disposal of solid waste in the
event of major breakdown of the incineratar plant.

       a.  The owner of the site and of the plant.

       b.  A  personnel manning table for the actual operation and maintenance of the plant.

       c.  Information indicating compliance with chapter 2 of these rules.

       d.  Location, equipment, operation and maintenance of the incinerator plant shall be such that it
produce? only minimal interference with other activities in the area.

       e_.  Availability of shelter and sanitary facilities for plant personnel.

       f_.  A  permanent sign at the site entrance identifying the operation, showing the permit number of
the plant and indicating the hours and days that the plant is open for public use.  Access to the plant shall
be permitted  only during those times when authorized personnel are on duty.

       g.  Confinement of all incoming solid waste to the unloading area.  A minimum holding bin capacity
of one and one-half times the twenty-four hour capacity of the incinerator shall be provided.

       h.  Provision of dust control facilities in the unloading and charging area.

       1.  An incinerator scale shall be available to permit proper charging weights during operation and
to provide data for a record as to the total weight of material incinerated and resulting residue for
planning and  management purposes.

       i.  Supply of potable water for use of plant personnel and suitable source of water for spraying,
heating, quenching, cooling and fire fighting.

       k.  Availability of adequate fire-fighting equipment, as recommended by the State Fire Marshal, in
the storage and charging area and elsewhere as needed.  Arrangements shall be made with the local fire
protection agency to provide fire-fighting forces in an emergency.

       1..  Telephone or other adequate facilities shall be available for emergency purposes.

       m.  Cleaning of storage and charging areas after each day's operation or more often as may be
require?.  The entire plant shall be maintained in a clean and sanitary condition.

       n.  Provision of necessary safety features at the charging openings and for all equipment  through-
out the~plant.

       o.  Maintenance of the  temperature in the combustion chambers during normal operation at  a
minimum~of one thousand five hundred degrees Fahrenheit to produce a satisfactory residue and and odor-
free operation.  A continuously recording pyrometer shall be installed to maintain records of combustion
chamber temperatures.  These records shall be available for inspection by the Commissioner upon  request.

       g.  Proper deposit at an approved sanitary landfill site of all residue removed from the  incinerator
plant in a manner which will prevent the creation of nuisances, pollution and public health hazards.

       £.  Provision of timely notice to the Commissioner prior to the initial operation of a newly construc-
ted plant to  permit inspection of the plant both prior to and during the performance tests.  Performance
tests of newly constructed plants are required.  A report detailing the results of such performance tests •  '
shall be prepared by the design engineer of the sanitary disposal project and  shall be submitted to  the
Commissioner  with copies of all supporting data documents.

       r.  Existing incinerators which do not meet the requirements of this section shall be reconstructed
to compTy or  an alternate method of sanitary waste disposal must be adopted.

       s_.  Such additional data and information as may be required by the Commissioner.


                                            CHAPTER 5

                                            COMPOSTING

  5.1(406)  T.XXV  Any sanitary disposal project disposing of solid waste by composting must obtain a
permit granted by the Commissioner prior to operation, installation or alteration of its facilities.

  5.2(406)  T.XXV  Application for a permit to operate,  install or alter a composting facility shall  be
accompanied by the following supporting documents which shall be prepared by or under the direct  super-
vision of an  engineer in conformity with chapter 114, Code of Iowa:

    5.2(1)  Maps or aerial photographs in triplicate indicating land use and zoning within one-half
mile of the proposed facility.  The map or aerial photograph shall be of adequate scale to show all homes,
buildings, lakes, ponds, watercourses, wetlands,  dry runs, rock outcropping?,  roads and other applicable
details and shall indicate the general topography of the area with appropriate contours and drainage
patterns.  Wells and locations where geologic samples were taken will be identified on the map or aerial
photograph.

-------
     5.2(2)  Plans and specifications  In  triplicate clearly indicating the layout and construction
 proposed.

     5.2(3)  Detailed information  on geological  formations underlying the actual or proposed site.  Such
 Information shall be determined by geologic  samples or other appropriate means to a depth of at  least
 twenty feet, or to the high water table.

     5.2(4)  An engineering report describing the proposed facility, the present and future population
 and the area to be served  by the  composting unit and the characteristics, quantities and sources of
 solid  waste to be processed.

   5.2(5)  Intended operating procedures, including the proposed method and the use or disposition  that
 is to  be made of the processed material.

     5.2(6)  Owner of the site and plant.

     5.2(7)  An organization chart, personnel manning table and table of equipment for the management,
 operation  and maintenance  of the  site shall be  prepared and submitted.  A contingency plan covering equipment
 breakdown  shall be included.

     5.2(8)  Information indicating compliance with chapter 2 of these rules.

     5.2(9)  Such additional data  and  information as may be required by the Commissioner.

   5.3(406)  T.XXV  Any composting operation must be conducted in a manner which minimizes pollution, public
 health hazards and creation of nuisances.

   5.4(406)  T.XXV  Materials  resulting from composting or similar processes and offered for sale shall
 contain no pathogenic organisms,  shall not reheat upon standing, shall be innocuous, and shall contain no
 sharp  particles which would cause injury to persons handling the compost.  Sale shall be in compliance with
 all applicable federal and state  laws and local ordinances and regulations.

   5.5(406)  T.XXV  Noncompostible materials removed during processing shall be handled in a manner which will
 not produce pollution or nuisance and shall be  disposed of by another satisfactory method as provided in
 these  rules.


                                            CHAPTER 6

                                            RECYCLING

   6.1(406)  T.XXV  Any sanitary disposal project processing solid waste by recycling must obtain a permit
 from the Commissioner.

   6.2(406)  T.XXV  Application to construct and operate an installation for the processing of solid waste
 to reclaim salvageable materials  for recycling must be accompanied by the following supporting documents
 prepared by or under the direct supervision of an engineer in conformity with chapter 114, Code of Iowa:

     6.2(1)  A map or aerial  photograph showing  land use and zoning within one-half mile of such  install-
 ation.   The map or aerial  photograph shall be of sufficient scale to show all homes, buildings,  roads and
 other  applicable details.   The boundaries of the recycling site shall be clearly indicated on th«  map or
 aerial  photograph.

     6.2.(2)  Detailed engineering drawings of all buildings, conveyor lines, machines, intermediate holding
 area,  loading  and unloading docks, transfer points and such other appurtenances to the facility, and in
 addition,  lines of flow for all waste and salvaged material handled by the facility must be included.
 Access  and egress roads must  be shown.

     6.2(3)  Complete description  of the method of handling reclaimed salvageable materials, the disposition
 of  such materials,  the transfer points to which they will be moved, capacities of such points and  frequency
 of  interchange must be shown.

     6.2(4)  Such additional data  and information as may be required by the Commissioner.

   6.3(406)  T.XXV  Material which cannot be recycled shall be handled in a manner which will not produce
 pollution  or nuisance and  shall be disposed of by another satisfactory method as provided in these rules.


                                            CHAPTER 7

                      OTHER METHODS OF WASTE HANDLING, PROCESSING AND DISPOSAL

   7.1(406)   T.XXV  Before a site  or facility for any other method of solid waste handling, processing arid
 disposal,  including transfer  stations not otherwise provided for in these rules, is constructed, an applica-
 tion accompanied  by plans  in  triplicate, specifications,  design data, ultimate land use and proposed opera-
 ting procedures  and such additional data and information as may be required shall be submitted to  the
 Commissioner  for  review before a  permit can be issued.   All such information shall be prepared by  or under
 the  direct  supervision of an  engineer in conformity with chapter 114, Code of Iowa.


  These  rules  are  intended to implement section 406.5 of the Code, 1971.


  These  rules  shall  become effective as provided In Chapter 17A of the Code after filing in the office
of the Secretary of  State.

-------
     EXAMINED AND APPROVED


DATE  August 18. 1971
»/  R.C. Turner
ATTORNEY GENERAL

     APPROVED


DATE  August 30. 1971
a/  Charles E. Crassley
CHAIRMAN, DEPARTMENTAL RULES
REVIEW COMMITTEE
ADDRESS COMMUNICATIONS TO:

     General Sanitation .Division
     Iowa State Department of Health
     Lucas State Office Building
     D«s Moines, Iowa   50319
     515/281-5345
DATE ADOPTED      July 14. 1971


a/  Arnold M. Reeve, M.D.	
DEI
                                                      EPARTMENT HEAD

-------
 DOCUMENT IX-1

                          OFFER TO BUY REAL ESTATE AND ACCEPTANCE

                                                         Deo Moines, Iowa, March 18, 1970

 TOs  MARIE ANN LINN REALTY CO.,
      Dea Moines, Iowa (hereinafter designated as Seller):

           The undersigned, Oes Moines Metropolitan Area Solid waste Agency, an organization created
 and existing under the provisions of Chapter 28E, 1966 Code of Iowa, as amended and chapter 236, Acts
 of 63rd General Assembly, First Session, (hereinafter designated as Buyer)  hereby offers to buy the
 real estate situated in Polk County, Iowa,  described as follows:

                 Lots 3,  4 and the West Half (W 1/2) of Lot 5 in Section 1,  Township
                 78 North, Range 22, West of the 5th P.M., Iowa containing 183.31 acres,
                 and
                 Government Lots 1, 2 and 6 in the Northeast Fractional Quarter of
                 Section 2. Township 78 North,  Range 22, West of the Sth P.M.,  Iowa
                 (except public highways)

 together with any easements and servlent estates appurtenant thereto,  but with reservations and exceptions
 only as follows:

           (a)  Title shall be taken subject to applicable zoning restrictions except as in 1 below;

           (b)  And subject to easements of record for public utilities, public roads and public
 highways;
 for the total sum of approximately $240,000.00, the actual amount to be computed upon survey at the
 rate of $600.00 per acre, payable at Dea Moines. Polk County, Iowa, as follows:

           DOWN PAYMENT AND SETTLEMENT PAYMENT ONLY.

           By payment of $3,000.00 herewith to be held by Seller, pending delivery of final papers, and
 the balance of $237,000.00, more or less, upon performance by Seller within sixty days after the sale of
 bonds pursuant to successful completion of a now pending test case relating to the authority of the Buyer
 to issue revenue bonds in an amount not to exceed $2,250,000.00 to finance the acquisition of such
 property or within six months of the date of this offer, whichever period shall have the earlier termi-
 nation date.
           1.  SPECIAL USE.  This offer is void unless

                   A.  Buyer is permitted, under any existing zoning and building restrictions, immediately
 to make the use of said real estate: Sanitary landfill to serve the purposes of Buyer;

                   B.  Buyer is successful in the aforesaid test case and the sale of bonds pursuant thereto
 within the six month period hereinabove specified;

                   C.  Buyer is successful in obtaining wi_nin said period any permits or approvals relating
 to the operation of such a landfill upon such real estate which are or may hereafter be required by the
 United States Government, the State of Iowa or any governmental subdivision, board, commission or agency
 having jurisdiction thereof free of any conditions or restrictions deemed by the agency to be so burden-
 some as to effectively preclude such operation; and
                   D.  Buyer is otherwise free of legal restraint as to the  operation of such a landfill
 upon euch real estate or the acquisition of such real estate for such use at the time herein specified
. for Buyer to take title  to such real estate.

           2.  TAXES.  Seller shall pay one-third of the 1970 real estate taxes payable in the year
 1971,  and all unpaid taxes for prior years.   Any balance of taxes and/or subsequent taxes shall be paid
 by Buyer in the event title is conveyed as  agreed.

           3.  SPECIAL ASSESSMENTS.  Seller  shall pay all special assessments which are a lien on the date
 of acceptance of this offer.   All other special assessments shall be paid by Buyer.

           4.  INSURANCE.  Seller shall maintain at least $51,000.00 of fire, windstorm and extended
 coverage insurance until title is transferred  and shall forthwith secure endorsements on the policies in
 such amount making loss  payable to the parties as their interests may appear.   Risk of loss from such
 hazards is  on Buyer only when and as soon as  (1)  this offer is signed by both Seller and Buyer and (2)
 upon performance of this paragraph by Seller,  and (3)  after a copy hereof is delivered to Buyer.   Buyer,
 if it desires,  may obtain additional insurance to cover such risk.  Buyer shall reimburse Seller for the
 cost to Seller of the maintenance of such insurance during such period as transfer of title remains
 pending under this agreement.   In addition. Buyer will at Buyer's expense and within ten days of

-------
 DOCUMENT IX-1  (Page 2)

 acceptance of  this offer by Seller,  obtain public liability coverage  at  least  to  the extent of $250,000.00
 per individual claim and $500,000.00 per occurrence and  property damage  coverage  at least to the extent
 of $50,000.00  per  individual claim and $100,000.00 per loss and  shall within the  period specified herein
 furnish unto Seller suitable memoranda of such coverage.

           5.   POSSESSION.   If Buyer timely performs all  obligations within  that period  of those periods
 above  specified which has the earliest termination date,  title shall  thereupon be delivered to Buyer,
 with adjustments of rent,  insurance and interest as of date of transfer  of  possession.   Buyer is taking
 subject to rights  of Lessees which are represented to Buyer as being  residential  and from month to month
 only.   Seller  shall forthwith produce any written lease  or  leases on  said premises for  examination and
 assignment.  Possession in anticipation of title shall vest in Buyer  upon the  execution of the acceptance
 of this offer  by Seller without cost or obligation to Buyer other than as specified herein.

           6.   FIXTURES.  (a)   All personal property that integrally belongs to or is part of said real
.estate,  whether attached or detached,  such as  light fixtures (including  florescent tubes but not mazda
 bulbs),  shades,  rods,  blinds,  Venetian blinds,  awnings,  storm windows, storm doors,  storm sashes,  screens,
 attached linoleum,  plumbing fixtures,  water heaters, water  softeners, automatic heating equipment,  air
 conditioning equipment other than window type,  door chimes,  build-in  items  and electrical service cable,
 fencing,  gates and other attached fixtures,  trees,  bushes,  shrubs and plants,  shall  be  considered a part
 of real estate and included in this  sale,  (b)   Outside television towers shall be a  part of and included
 in this sale.

           7.   ADDITIONAL PROVISIONS.   It is expressly stipulated and  agreed that  the possession in anti-
 cipation of  title  contemplated by this offer and acceptance shall vest in Buyer subject to the following
 reservations:  (a)   That the Buyer will extend  to the tenants now residing in the  houses upon such
 premises reasonable opportunity to find other  housing.   (b)   That the Seller shall have the  unrestricted
 right  to hold  on said premises a closing out sale of the  machinery and equipment  used in his farming
 operations at  any  time  within six months from  and after  the date of settlement, (c)   Seller  reserves the
 right  to continue  the storage of grain now stored upon such premises  in  the locations where  now stored
 until  title  is conveyed,  the right to  the  inspection thereof, and right  to  the removal  of same within a
 reasonable time thereafter and/or as may be directed by A.S.C.S. from time  to  time,  (d)   Buyer shall not
 anticipate in  its  operations the actual issuance or adoption of  such  zoning permits  or  changes as  may be
 necessary under the law.   (e)   Seller  and  Buyer respectively shall be exclusively responsible  for  the
 acts or conduct initiated or controlled by each during such period of possession  and shall  hold the  other
 party  harmless from any third party  claims as  a result thereof.

           8.   PURCHASE  PRICE.   It is agreed that at the  time of  settlement, funds  of the  purchase  price
may be  used  to pay taxes,  other liens  and  to acquire outstanding interests, if any,  of  other parties.

           9.   ACCEPTANCE.   If this offer is  not accepted  by Seller on or before March 19,  1970,  it  shall
become  null  and  void and all  payments  shall  be  repaid to  the  Buyer.

          10.   STATUS QUO MAINTAINED.   Said real  estate (and  any  personal .property  contracted  for)  as of
date of  this offer,  and in its present condition will be  preserved and delivered  intact  at  the  time
possession is  given.  Except,  however,  in  case  of loss or destruction of part  or  all  of  said pi^mises
 from causes  covered by  the insurance thereon.   Buyer agrees  to accept such  insurance  recovery  (proceeds
 to be  applied  as the interests of the  parties  appear) in  lieu of that part  of  the damaged or destroyed
improvements and Seller shall  not be required  to repair or  replace same.  Buyer shall thereupon  complete
.the contract and accept the  property.   Buyer accepts said premises in "as is"  condition.

          11.   ABSTRACT  AND TITLE.  Seller  shall  promptly  continue and pay for  the abstract of  title  to  and
 including date of  acceptance  of this offer,  and deliver to Buyer for examination.   The  abstract  shall
become  the property of  the  Buyer when  the  purchase  price  is  paid in full, and  shall  show merchantable title
 in conformity  with  this agreement, the land  title law of  the  State of Iowa  and Iowa  Title  Standards  of  the
Iowa State .Bar Association.  Seller shall  pay costs of additional abstracting  and/or  title work  due  to'
act or omission  of  Seller,  including transfers  on death of Seller or assigns.

           12.  DEED.  Upon  payment of  purchase  price. Seller  shall convey title by general warranty  deed,
with terms and provisions  as per form  approved by the Iowa State Bar Association,   free  and clear of  liens
and incumbrances,  reservations,  exceptions or modifications except as in this  instrument  otherwise
expressly provided.  All warranties shall  extend  to time  of acceptance of this offer, with special
warranties as  to acts of Seller  up to  time of delivery of deed.

           13.  TIME IS  OF  THE  ESSENCE.   Time is of  the essence in this Agreement.

           14.  REMEDIES OF THE PARTIES  - FORFEITURE - FORECLOSURE - REAL ESTATE COMMISSIONS:
                (a)    If  Buyer  fails to  fulfill this agreement, the Seller may forfeit  the same as provided
in the Code of .Iowa, and all payments made hereunder shall be forfeited.   If Buyer fails to  fulfill

-------
•DOCUMENT  IX-1  (Page  3)

 agreement,  Sflllar will  hold Buyer harmless  from payment of any real estate commission  in connection
 with such sale.  Both parties  represent to  each other that there are no "finders  fees" earned or  to
 b*  paid.
           (b)   If Seller  fails to fulfill thig agreement the Buyer shall have the right to have all
 its payments made hereunder returned to it.

           (c)   In addition to  the foregoing remedies. Buyer and Seller each shall be entitled to  any
 and all other  remedies, or action at law or in equity, including foreclosure, and the  party at fault
 •hall pay costs and  attorney fees, and a receiver may be appointed.

           15.  EQUITY.  If Buyer assumes or takes subject to a lien on this property,  or is purchasing
 an  interest of an equity  holder, the Seller, or its Broker, or Realtor, shall furnish  Buyer with  a
 statement, or  statements, in writing, from  the holder of such lien or interest, showing the correct
 and agreed balance or balances.

           16.  ALLOCATION OF VALUE OF ASSETS.  Buyer and Seller shall cooperate to make a reasonable
 allocation of  values for  the assets herein  purchased; but failure to reach an agreement shall not in
 any manner delay or  invalidate this contract or its performance.

           17.  APPROVAL OF COURT.  If this  property is an asset of any estate, trust or guardianship, this
 contract  shall be subject to Court approval, unless declared unnecessary by the Buyer's attorney,  if
 necessary, the appropriate fiduciary shall  proceed promptly and diligently to bring the matter on for
hearing for Court approval.  (In  that event a Court Officer's Deed shall be used.)

           18.  CONTRACT BINDING ON SUCCESSORS IN INTEREST.  This contract shall apply  to and bind the
heirs, executors, administrators, assigns and successors in interest of the respective parties.

           19.  Words and  phrases herein, including any acknowledgment hereof, shall be construed  as
in  the singular or plural number, and as masculine, feminine or neuter gender, according to the contract.

           20.  RiMTALS PENDING TRANSFER OF  TITLE.  It is stipulated and agreed that Buyer may, during
the  period beginning with the date of acceptance of this offer and ending with the date of delivery of
title or  the date of termination of the six month period above specified, whichever date first occurs,
have and  enjoy the possession of the property described herein as its own subject to the following
provisions:                               ,
           (a)   Buyer shall not commit waste thereon during such period.
           (b)   In the event Buyer shall for any reason fail to take title as agreed. Buyer shall  be
entitled  to the return of its earnest money paid as hereinbefore specified, but only if any and all
crop and/or cash rentals due Buyer from farm tenants or operators are greater in value; but in no
event shall Seller receive less than $3,000.00 either in the form of earnest money or  crop-and/or cash
rentals.
DBS MOINES METROPOLITAN AREA
SOLID WASTE AGENCY
           CHAIRMAN
                                                      MARIE ANN LINN REALTY CO.

                                                      by	
                                                                   President
                                                      by-
                                                                   Secretary
                              BUYER
                                                                                     SELLER
                S3:
                      _day of March, 1970,  before me,  the undersigned,  a Notary Public in and for Polk
STATE OF IOWA::
COUNTY OF POLK:
          On this
County, Iowa, personally appeared Charles W. VanderLinden, to me personally known, who, being by me
duly sworn, did say that he is the Chairman of the Des Moines Metropolitan Area Solid Waste Agency:
that said instrument was signed on behalf of said agency and the said Charles W. VanderLinden acknowledged
the execution of the same to be his voluntary act and deed by him voluntarily executed.
STATE OF IOWA:>
                                              Notary Public in and for Polk County, Iowa
                      _day of March,  1970,  before me,  the undersigned,  a Notary Public in and for Polk
              •ss:
COUNTY OF POLK:
          On this _
County, Iowa, personally appeared Mabel Pomerantz and Isadore Pomerantz, to me personally known, who,
being by me duly sworn, did say that they are the President and Secretary, respectively, of said
corporation executing the foregoing instrument; that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that the said Mabel Pomerantz and Isadore
Pomerantz as such officers acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
                                              Notary Public in and for Polk County,, Iowa

-------
 DOCUMENT IX-2

                                    EXTENSION AGREEMENT

           WHEREAS,  Marie  Ann Linn  Realty  Co.,  an  Iowa corporation. Seller, and Des Moines  Metropolitan
 Area Solid Waste Agency,  an organization  created  and existing under the provisions of Chapter  28E,  1966
 Code of Iowa,  as amended,  and Chapter  236 Acts of 63rd General Assembly, First Session, Buyer,  have
 previously entered  into an agreement for  the sale and purchase of certain real estate as hereinafter
 described,  and

           WHEREAS,  it is  the desire of said parties to extend and modify said agreement dated March
 19,  1970,

           NOW,  THEREFORE,  FOR AND  IN CONSIDERATION of the sum of One Dollar and Other Valuable  Considerations
 in hand paid Seller by Buyer,  receipt  of  which is hereby acknowledged, and in further consideration of the
 mutual  covenants and agreements of said parties as herein set forth, IT IS MUTUALLY AGREED as  follows,
 to-wit:
           1.   That  the aforesaid agreement of  March 19, 1970, is extended for a period of  five  (5)
 years from and after September 18,  1970.
           2.   That  immediately on  the  execution of this Extension Agreement, Buyer will pay unto  Seller
 the  sum of $10,000.00 in  cash, which said sum  shall be credited by Seller against annual interest payments
 due  from Buyer to Seller,  which said interest  shall be computed at an annual rate of 8 3/4% on  the  agreoci
 upon approximate purchase price of said real estate subject of agreement of March 19, 1970; said
 approximate purchase price agreed  upon being $240,000.00.  In addition, and on or before December 1,  1970,
 Buyer will  pay unto Seller the balance of $11,000.00, which said sum represents the balance in  full of
 interest on said sum of $240,000.00 at the rate specified for the period from September 18, 1970, to
 September  17,  1971.   Buyer shall be credited with the sum of $3,000.00 due Buyer as a rebate of earnest
 money under paragraph 20.(b)  of the said  agreement of March 19, 1970; said rebate shall be paid from
 proceeds of the 1970 corn crop to  be harvested on  said premises.
           3.   After the payment of interest by Buyer unto Seller as specified above. Buyer will annually
 and  on  or  before September 18th of each year of this Extension Agreement and in one lump sum payment  pay
 unto Seller the sum of $21,000.00?  which  said  sum  represents interest at rate specified above on  said
 approximate principal sum of $240,000.00.  The first annual payment after payment of sum specified  in
 Paragraph  2 above shall be made unto Seller by Buyer on or before September 18,  1971.  Provided,  however,
 that in the event Buyer shall  take  possession  of  said real estate and commence using same  for sanitary
 landfill purposes at any  time  during the  term  of  this agreement. Buyer will immediately pay unto  Seller
 the  precise purchase price computed at the rate of $600.00 per acre in accordance with the Agreement
 of March 19,  1970.   On the completion  of  the sale  of said real estate any unearned prepaid interest
 shall be by Seller  credited against the total  purchase price aforesaid and in the event Buyer cannot
 consummate  the  sale  as hereinbefore referred to,  any such prepaid unearned interest shall become  the
 absolute property of Seller and shall  be  considered to be liquidated damages for Buyer's failure  to
 complete the  transaction.
           4.   Seller will  pay  all  taxes and assessments due against said described real estate  including
 those due  for  the year 1970 and payable in 1971.   Buyer will pay all subsequent taxes and  special
 assessments due commencing with those  of  the year  1971 due and payable in 1972.
           5.  Buyer  will  pay premiums  due on all  insurance coverage maintained in connection with the
 provisions  of  Paragraph 4  of said  agreement of March 19,  1970,  including but not limited to premiums  due
 for  coverage  furnished for the period  from September 1,  1970,  and will comply with all of  the provisions
 of said  Paragraph 4  of said agreement  of March 19, 1970,  and if Seller has paid any such premiums,  Buyec
 will  reimburse  Seller therefor immediately on  presentation of statement for the same.  If  any losses
 occur.during  the  term of  this  agreement and insurance settlements are made therefor,  such  loss  payrier.r.r.
 shall be placed in escrow  and  if the Buyer does not sonsumraate the sale as hereinbefore referred  to tr.en
 such  escrowed  funds  shall  become the absolute  property of the Seller.  However,  if such sale is
 consummated such  escrowed  funds shall  become the property of the Buyer.  The parties hereto agree tl-.ar
 at the  time of  such  loss and any payments received therefor to mutually designate an acceptable escrow
 agent with  whom such funds may be deposited.
           6.  Buyer  acknowledges that  it has had possession of said real estate since execution of  t.-
 agreement of March 19, 1970, and further agrees that it will retain possession of same during the ;.>< .  -.oa o:
 this  Extension  Agreement.   Provided, however,  that until  such time as Buyer uses said real estate for
 sanitary landfill purposes,  it may  utilize said real  estate for custom farming or related  purposes  or.^ .
 and will perform  such farming or related use in an acceptable,  good and husbandlike manner, avoidinc
 any uses of all of said premises that might contribute to waste and deterioration of all of said  pr-.-m-. s<.;:>.
          7.  If  Buyer does not within the period of this agreement utilize said premises  for sanitary
 landfill purposes then and on the expiration of said five (5)  year period and on or about  September . •'.,
 1975, Buyer will  deliver possession of all of  said described real estate unto said Seller  in as rjooc.  •.
 condition as it was  at the  time of entry by .Buyer, normal wear and tear excepted.
          8.  Until  such time as purchase of said  real estate is consummated as  provided in said  agree-
ment of March 19, 1970, and this Extension Agreement,  Seller shall have the right to maintain at  his
expense  a representative on said premises to oversee use  of said premises.

-------
 DOCUMENT IX-2 (Page 2)

           9.  It is further agreed that immediately on  use  of  said premises by  Buyer  for  sanitary
 landfill operations that the agreement of March 19,  1970, and  this Extension Agreement  become  an
 Irrevocable contract for the sale and purchase  of the real  estate  described as  follows,  to wit:

           Lots 3.  4 and the West Half (W 1/2) of Lot 5  in Section  1,  Township 78
           North, Range  22,  West of the 5th P.M.,  Iowa,  containing  183.31  acres,
           and
           Government Lots 1, 2 and 6 in the Northeast Fractional Quarter  of
           Section 2, Township 78 North,  Range 22,  West  of the  5th  P.M., Iowa
           (except public highways).

          10.  It is specifically agreed that the  seller shall  succeed to  the rights of  the Buyer under
 that certain lease as to such real estate between the Buyer and Don Altman covering the crop year  1970
 and the right to the landlord's portion under such lease subject to the terms of  such lease and the
 expense of harvesting and removing such crops.   It is further  agreed  that in any  case where it should
 become apparent during  any annual leasehold period that the Buyer  will be unable  to consummate the
 purchase of the real estate within the period of the extension for any of the reasons set forth as
 conditions in paragraph 1,  subparagraphs A through D of the said agreement dated  March  19.  1970, the
 Buyer and its tenants shall nonetheless be entitled to  tend and harvest any and all crops then
 planted upon said real  estate.  Provided,  however,  that any leasing agreement between Buyer and any
 tenant shall not be for a period of more than one  year.

          11.  Except as herein provided all of  the terms and conditions of said agreement of March
 19,  1970,  are by these  parties reaffirmed.

                   THIS  EXTENSION AGREEMENT EXECUTED THIS 	day of September, 1970

                                            MARIE ANN LINN REALTY CO.

                                            By;           	
    '                                          Mabel  Pomerantz, President

                                            By:	
                                              Isadore Pomerantz, Secretary
                                                                               SELLER

                                           DBS MOINES METROPOLITAN AREA SOLID WASTE AGENCY
                                           By:	
                                               Charles W. VanderLinden, Jr., Chairman
                                                                               BUYER
STATE OF  IOWA t :
                 S3:
County of PolK:

           On this 	day  of  September, 1970, before me, the undersigned, a Notary Public in  and  for
Polk County, Iowa, personally appeared Mabel Pomerantz and Isadore Pomerantz, to me persona] ly known,
who, being by me duly sworn,  did say that they are the President and Secretary, respectively,
of said corporation executing the  foregoing  instrument; that said instrument was signed on behalf
of said corporation by authority of its Board of Directors; and that the said Mabel Pomerantz and
Isadore Pomerantz as  such  officers acknowledged the execution of said instrument to be the voluntary
act and deed of  said  corporation, by it and by them voluntarily executed.
                                                  .Notary Public in and for Polk County, Iowa

STATE OF  IOWA::
                  sst
County of Polk:

          On this 	day of September, 1970, before me, the undersigned, a Notary Public in and
for Polk  County,  Iowa, personally appeared Charles W. VanderLinden, Jr., to me personally known,
who, being by me duly sworn, did say that he is the Chairman of the Des Moines Metropolitan Area
Solid Waste Agency; that said instrument was signed on behalf of said agency and the said Charles
W  VanderLinden, Jr., acknowledged the execution of the same to be his voluntary act and deed by
him voluntarily executed.
                                                  Notary public in and for Polk County, Iowa

-------
                                                     DOCUMENT IX-3



                          DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY
                                                               1705 HIGH STREET
ROBERT C. PORTER. Director                                              DES MOINES, IOWA 50309
                                          September 28, 1971   AREA CODE  515 282-J659


       Marie Ann Linn Realty Co.
       5212 Woodland Avenue
       Des Moines,  Iowa

       Attn:  Mr. Isadore Pomerantz

       Dear Mr.  Pomerantz:

            It is our intention to commence using the farm purchased
       from you for a sanitary landfill.   Site preparation work will begin
       immediately after acknowledgment of this letter of intent by you.
       Upon acknowledgment of the use of the land by the Agency you will
       receive the sum of $2500 and the like amount on the 28th day of
       every month thereafter for a period of five (5) months.  This in
       no way alters the original contract or any extensions.

            The operation will  be conducted in accordance with the various
       provisions of the land purchase agreement dated 3/18/1970 and all
       extensions thereafter.

            The Agency further  agrees that it will hold harmless at its
       expense Marie Ann Linn Realty Company from any and all claims arising
       of and or because of this  agreement.
            Should,  however,  the  Agency choose to pay the purchase price
       before  the end of the period specified, this agreement becomes null
       and void.
            Please acknowledge  receipt of this letter of intent by signing
       below.
                                       Yours very truly,
                                       DES MOINES METROPOLITAN
                                       AREA SOLID WASTE AGENCY

                                       Robert C. Porter, P.E.
                                       Director

       ACKNOWLEDGED BY:
       MARIE ANN LINN REALTY COMPANY

       By;  /s/ Isadore Pomerantz	                  o £~.
       DATE:     Sept 28,  1971  	                CX^^

-------
                    &si
l~1~1dl/~1l
Legal Department


CORPORATION COUNSEL

PHILIP T. RILKY


CITY •OLICITOR

JOHN F. McKiNNiv, Jn.


AMISTANT CITY ATTORNEY*

M. A. IviiraoN

JAMM P. FOWLIH

JACK L. BMieos

STCPHCN R. OADD

EUOINC E. OL*ON

Oconac H. RAY

DONALD R. BCNNCTT

JOHN R. KLAUS
            December 8, 1970
Honorable Chairman and Members
of  the  Agency Board of the  Des Moines
Metropolitan Area Solid Waste Agency
                 Re:  Des Moines Metropolitan Area Solid Waste
                      Agency Condemnation Procedures.
Dear  Sirs:
          This will acknowledge receipt of an  inquiry from Mr. Robert
C. Porter,  P.E., Director  of  the Des Moines Metropolitan Area Solid
Waste Agency in the following form:

         "Pursuant to a recommendation made to the Des Moines
         Metropolitan Area  Solid Waste Agency  on November 10,
         1970 concerning the purchase of a site to be used as
         a sanitary landfill in the Southwest  part of Polk
         County, I request  consideration of the alternatives
         of the condemnation procedure.

         As  Director of the Agency I have recommended to the
         Board that they consider condemnation of 160 acres of
         land located in the NW 1/4 of Section 32, Bloomfield
         Township, Polk County,  Iowa.

         The farm consists  of  160 acres of land (less roadways)
         and two houses.  One,  the present owner occupies as
         his living quarters,  and the second is occupied by a
         tenant farmer.  We would like to acquire both houses.
         in  the purchase of the 160 acres.  The property is now
         owned by Dr. Calvin Johnson."
               City 'Hall / East 1st and Locust Streets / Des Moines. '   """"• 115/283-4130

-------
Agency Board
December 8, 1970
Page 2.


        Consideration of condemnation possibilities as to this
land requires a statement of the line of authority to condemn.

        In Iowa the line of authority from the State is found partially
in the Constitution and partly in the statutes.

        Article 1, Section 18 of the Constitution of the State of Iowa
provides as follows:

        Private property shall not be taken for public use without
        just compensation first being made, or secured to be made
        to the owner thereof, as soon as the damages shall be
        assessed by a jury, who shall not take into consideration
        any advantages that may result to said owner on account of
        the improvement for which it is taken.

        Section 394.1, Code of Iowa, 1966 as amended by Section 21 of
Chapter 1191, Acts 63rd G.A. 2nd Session provides:

        Sewage treatment plants — acquisition — bonds.
        Cities, towns, counties and sanitary districts incorporated
        under the provisions of Chapter 358 are hereby authorized and
        empowered to own, acquire, establish, construct, purchase,
        equip, improve, extend, operate, maintain, reconstruct and
        repair within or without the corporate limits of such city,
        town, county or sanitary district, works and facilities useful
        and convenient for the collection, treatment, purification and
        disposal in a sanitary manner of the liquid and solid waste,
        sewage, and industrial waste of any such city, town, county,
        or sanitary district, including sanitary disposal projects as
        defined in section two (2) of this Act, also swimming pools
        and/or golf courses, and shall have authority to acquire by
        gift, grant, purchase, or condemnation, or otherwise all
        necessary lands, rights of way, and property therefor, within
        or without the said city, town, county or sanitary district,
        to purchase and acquire an interest in such sanitary disposal
        project or such works and facilities which are owned by another
        city,^town, or sanitary district and which are to be jointly
        used by them, and to issue revenue bonds to pay all or any
        part of the cost of establishing, acquiring, purchasing, con-

-------
Agency Board
December 8, 1970
Page 3.
       structing, equipping, improving, extending, reconstructing,
       repairing, operating, or maintaining such sanitary disposal
       project or works and facilities, including the amount
       agreed upon for the purchase and acquisition by a city,.
       town, county, or sanitary district of an interest in the
       sanitary disposal project or works and facilities which
       are owned by another city, town, county or sanitary
       district and which are to be jointly used.  As used in this
       chapter the words "Works and facilities", "works" or
       "facilities" shall include but not be limited to sanitary
       disposal projects as defined in section two (2) of this Act.

       Chapter 472 of the Code of Iowa, 1966, is statutory amplifi-
cation of this power.  Some critical provisions of such chapter are
as follows:

       472.1 Procedure provided.  The procedure for the condemnation
       of private property for works of internal improvement, and
       for other public uses and purposes, unless and except as
       otherwise provided by law, shall be in accordance with the
       provisions of this chapter.

       472.2 By whom conducted.  Such proceedings shall be conducted:
       1.  By the attorney general when the damages are payable
           from the state treasury.

       2.  By the county attorney, when the damages are payable from
           funds disbursed by the county, or by any township, or
           school corporation.

       3.  By the city attorney, when the damages are payable from
           funds disbursed by the city or town.
       This section shall not be construed as prohibiting any other
       authorized representative from conducting such proceedings.

       472.3 Application for condemnation.  Such proceedings shall
       be instituted by a written application filed with the chief
       judge of the judicial district of the county in which the
       land sought to be condemned is located.   Said application
       shall set forth:
       1.  A description of all the property in the county, affected
       or sought to be condemned by its congressional numbers, in
           tracts not exceeding one-sixteenth of a section, or, if the
           land consists of lots in a city or town, by the numbers of
           the lot and block, and plat designation.

-------
Agency Board
December 8, 1970
Page 4.
       2.  A plat showing the location of the right of way or other
           property sought to be condemned with reference to such
           description.

       3.  The names of all record owners of the different tracts of
           land sought to be condemned, or otherwise affected by such
           proceedings, and of all record holders of liens and
           encumbrances on such lands; also the place of residence
           of all such persons so far as known to the applicant.

       4.  The purpose for which condemnation is sought.

       5.  A request for the appointment of a commission to appraise
           the damages.

       472.4 Commission to assess damages.  Annually the board of
       supervisors of a county shall appoint not less than twenty-
       eight residents of the county and the names of such persons
       shall be placed on a list and they shall be eligible to
       serve as members of a compensation commission.  One-fourth
       of the persons appointed shall be owner-operators of
       agricultural property, one-fourth of the persons appointed
       shall be owners of city or town property, one-fourth shall
       be licensed real estate salesmen or real estate brokers, and
       one-fourth shall be persons having knowledge of property
       values in the county by reason of their occupation, such
       as bankers, auctioneers, property managers, property
       appraisers, and persons responsible for making loans en
       property:.
           The chief judge of the judicial district shall select by
       lot six persons from the list, two persons who are owner-
       operators of agricultural property when the property to be
       condemned is agricultural property; two persons who are owners
       of city or town property when the property to be condemned is
       other than agricultural property; and two persons from each of
       the remaining two representative groups, and shall name a
       chairman from the persons selected,  wo member of the compensa-
       tion commission selected shall possess any interest in the
       proceeding which would cause such person to render a biased
       decision, who shall constitute a compensation commission to
       assess the damages to all real estate to be taken by the
       applicant and located in the county.

-------
Agency Board
December 8, 1970
Page 5.
       472.25 Right to take possession of lands.  Upon the filing
       of the commissioners' report with the sheriff, the applicant
       may deposit with the sheriff the amount assessed in favor of
       a claimant, and thereupon the applicant shall, except as other-
       wise provided, have the right to take possession of the land
       condemned and proceed with the improvement.  No appeal from
       said assessment shall affect such right, except as otherwise
       provided.  Upon appeal from the commissioners' award of damages
       the district court, wherein said appeal is pending, may direct
       that such part of the amount of damages deposited with the
       sheriff, as it finds just and proper, be paid to persons en-
       titled thereto.  If upon trial of said appeal a lesser amount
       is awarded the difference between the amount so awarded and
       the amount paid as above provided shall be repaid by the
       person or persons to whom the same was paid and upon failure to
       make such repayment the party entitled thereto shall have
       judgment entered against the person or persons who received
       such excess payment.

       472.26 Dispossession of owner.  A landowner shall not be dis-
       possessed, under condemnation proceedings, of his residence,
       dwelling house, outhouse, orchard, or garden, until the damages
       thereto have been finally determined and paid.  This section
       shall not apply to condemnation proceedings for drainage or
       levee improvements, or for public school purposes.

       472.33 provides for attorneys fees to the owner if the com-
       mission award is more than 110% of the final offer and on appeal
       if the award on appeal is more than the commissioners allowed.

       472.34 Refusal to pay final award.  Should the applicant decline,
       at any time after an appeal is taken as provided in section
       472.18, to take the property and pay the damages awarded, he
       shall pay, in addition to the costs and damages actually suf-
       fered by the landowner, reasonable attorney fees to be taxed
       by the court.

       Such powers are made potentially available to the Des Moines
Metropolitan Area Solid Waste Agency through Section 11 of Chapter 236,
Acts of the 63rd G.A.  1st session which provides as follows:

-------
Agency Board
December 8, 1970
Page 6.


       Eminent domain.  Any public agency participating in an agree-
       ment authorizing the joint exercise of governmental powers
       pursuant to this Act may exercise its power of eminent domain
       to acquire interests in property, under provisions of law then
       in effect and applicable to such public agency, for the use of
       the entity created to carry out such agreement.  Any interests
       in property so acquired shall be deemed acquired for a public
       purpose of the condemning public agency, and the payment of the
       costs of such acquisition may be made pursuant to such agree-
       ment or to any separate agreement between or among said public
       agency and such entity or the other public agencies partici-
       pating in such entity or any of them.  Upon payment of such
       costs, any property so acquired shall be and become the property
       of the entity.
                 ;
       We are thus led to the fairly simple conclusion that the Solid
Waste Agency may arrange for the condemnation of lands and this con-
clusion is not in an area of doubt.  The State Legislature has
specifically permitted it.  The Iowa Supreme Court in the case of
Goreham, et al vs Des Moines Metropolitan Area Solid Waste Agency,
et al, 179 N.W. 2d 449, has reviewed and approved the validity and
capacity of the Agency.

       A more difficult problem is posed by the relationship of solid
waste sanitary landfill procedures to the condemnation process.  In
view of these scientific-practical considerations which govern the
location and operation of landfill sites, a site or sites tentatively
selected for such operation on the basis of proximity to certain
centroids of population or other collection area considerations are
either useful or non-useful, in whole or in part, depending upon the
existence of soils data information which can be reliably gathered
only by a thorough substrata examination by a reliable coreing opera-
tion under the guidance and supervision of a competent soils engineer.
There is no way of telling from any pre-existing data, maps or charts,
or from any surface visual observations, whether or not any certain
lands will be useful for landfill purposes.

       Accordingly, the condemnation process is not useful for the
fee acquisitions of landfill sites unless it is in some way preceded
by such a substrata examination of such proposed sites.  Under present
Iowa law this could be accomplished by the Agency with the permission
of the property owners and tenants.  Neither the Agency nor any city,

-------
Agency Board
December 8, 1970
Page 7.


town or county condemning on its behalf has any such power over
the objections of such owners or tenants.  In the case of such
objections the condemning authority must condemn a right of entry
for such exploration, then make such exploration, then decide
whether or not to condemn the land.  The law on this point is
illustrated by the case of Iowa State Highway Commission v. Hipp,
259 lovra 10.82,147 N.W. 2d 195.  The law was later changed to
permit such surveys for highway purposes but not others by Chapter
258, Acts of the 62nd G.A. (1967).

       The only statutory power of survey in advance of condemna-
tion is limited to acquisitions for highways.  It is obvious that
an agency and any city, town or county condemning for it would
have no desire to acquire lands only to find such land to be wholly
or partially unuseable for agency purposes.  We are thus committed
to a two-stage condemnation procedure where condemnation is to be
used except in the rare event where price is the only issue and
the property owners and tenants are willing to permit full soils
exploration voluntarily.

       A parallel problem in landfill site location grows out of the
need to obtain special use permits for the land to enable the land to
be used for landfill purposes.  Here scheduling becomes very critical.
In normal zoning procedures the conception is that only a person or
party with an interest in property may invoke the jurisdiction of a
Board of Adjustment as to that property.  It thus appears that the
process of acquiring land by condemnation must follow essentially
the following sequence:

       1.  Condemnation of right of entry for exploration.
       2.  Exploration.
       3.  Filing petition for condemnation of a fee, easement
           or leasehold.
       4.  Filing petition for special use permit.
       5.  Condemnation of the land.
       6.  Hearing on the special Use permit.
       7.  Possible appeals of condemnation award.
       8.  Possible appeals of special use permit

-------
Agency Board
December 8, 1970
Page 8.
       A second problem in coordination  lies in the need to have
the funds available for purchase of the  land at the time the  land
becomes available through condemnation procedures.  In the case of
the Agency this means having such land become available for pur-
chase by condemnation at or about the time the money becomes  avail-
able from the sale of revenue bonds which are proposed to be  issued
by the Agency.  While bond attorneys have assured the Agency  that
its bonding authority is not dependent upon the Agency having a
full 20 year right of use of two sites,  they have insisted that the
Agency have a clear right to perform a landfill operation on  at
least one such site adequate in capacity to last the life of  the
bonds.  In present circumstances, this means that the Pomerantz
landfill special use permit case would have to be resolved favorably
to the Agency a minimum of approximately three months before  the con-
demnation proceedings would proceed to the possession stage on a west
side  property in order to permit sale of the bonds and assure avail-
ability of the proceeds at the possession stage.  While not clearly
defined in the law, failure to deposit the funds to pay for the land
at such time could result in forfeiture  by the Agency of the  ad-
vantages gained until that time by the forfeiture proceedings and
payment of the expenses of the condemnee as provided by Section
472.34, supra.

       Another contingency is of course  Chapter 1191, Acts of the
63rd G.A., 2nd Session, Sections 6 and 10, which requires certifica-
tion of a sanitary disposal project site as a condition precedent to
its continued use from and after July 1, 1975.  Such requirement is
substantially equal in its effects as is the requirement for  a
special use permit under the zoning regulations.

       Such contingencies as to funding  and as to certification of the
land as a sanitary disposal project are  not insuperable obstacles but
must be considered along with the contingencies as to the subsurface
examination and the special use permit in making the decision as to
whether or not to proceed by the condemnation method.

       One further contingency is one suggested by Section 11 of
Chapter 236, Acts of the 63rd G.A.  Under this section eminent domain
acquisition of real estate on behalf of  an agency is performed by one
of the participating members of the agency and not by the agency
itself.  Condemnation under such section on behalf of the agency is

-------
Agency Board
December  8, 1970
Page  9.


of course at the cost of the Agency but is dependent upon the ex-.
istence of an agreement between the Agency and that participating
member doing the condemnation specifying the land to be acquired,
the Agency purposes to be served and other incidents of the ac-
quisition.  The presently existing amended and substituted Inter-
governmental Agreement creating the Des Moines Metropolitan Area
Solid Waste Agency provides for no such delegation and use of con-
demnation would involve the negotiation by the Agency of a separate
agreement to make such a delegation to a member upon mutually
satisfactory terms.  While any one of the members may volunteer to
assume this function on behalf of the Agency, enter into such a
separate agreement, and be reimbursed by the Agency for its costs in
doing so, the separate agreement should provide for coordination of
the condemnation steps with the provisions for soil survey, special use
permit, financing, and the certification of the land as a sanitary
disposal site.

       We have cited the Agency Board members to Section 26 of
Chapter 472 which prohibits involuntary acquisition by the Agency
of a homestead before the condemnation award is finally determined and
paid.  While this would not preclude the prompt taking of the entirety
of the land described in the question submitted, the restriction
must be borne in mind in making condemnation plans.

       The probable overall period of time from a decision of the
Agency Board directing the Director to commence negotiation of an
agreement with a member to condemn land to the time the Agency may
take and exercise a possession useful to the Agency for landfill
purposes, would be probably no less than 18 months and probably
no more than 24 months.  Within that range the time will be directly
related to the amount of time, energy, skill and moneys which are put
into the contest on each side.

       Your attorneys will of course follow the directions of the
Agency Board in this regard.  If such direction is to proceed to con-
demnation, we will proceed at once to assist the Director in working
out a satisfactory form of separate agreement with the Agency member
chosen to do the condemnation for approval by the governing body of
such member and the Agency Board.

                                    Respectfully submitted,
                                    M. A. Iverson,
MAItefr                             Assistant City Attorney

-------
DOCUMENT X-l
                      IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND
                                      FOR POLK" COUNTY
ERNEST VOGELAAR, EVELYN            )
COLYN, EVELYN DANKS,               )
COLYN DANKS, BENJAMIN HIBBS,       )
MARION HIBBS, RALPH BUCKINGHAM,    )
RALPH COLYN. SLOAN CORPORATION     )
AND RICHARD BURDOCK.               )
                       Plaintiffs, )
         vs.                       )
POLK COUNTY ZONING BOARD OF        )
ADJUSTMENT AND DES MOINES          )
METROPOLITAN AREA SOLID WASTE      )
AGENCY, CHARLES VANDERLINDEN.      )
CHAIRMAN AND DIRECTOR.             )
                       Defendants. )
LAW NO. 97326
FORMERLY EQUITY NO. 74484
FINDINGS OF FACT
    AND
CONCLUSIONS OF LAW

WALDO F. WHEELER, JUDGE
     The above-entitled matter came on for trial before the Court on September 28, 1970, the
plaintiffs appearing by their attorneys, Howard Life and Patrick Life, the defendant Polk County
Zoning Board of Adjustment, hereinafter referred to as the "Board." appearing by their attorney,
Robert Seism, and the defendants Des Moines Metropolitan Solid Waste Agency and Charles VanderLinden,
Chairman and Director, hereinafter referred to as the "Agency" appearing by their attorney,
M. A. Iverson.  Trial was completed on September 30, 1970, and October 9, 1970, was set as the  final
date for filing of all briefs.  Prior to the commencement of the trial the case was, upon motion of
the defendants, transferred to law and the trial was held at law.  Other oral motions were made and
disposed of by oral rulings which appear in the record.

     Upon motion of the defendants at the close of all of the evidence paragraph (a) (3) of plaintiffs'
petition designated as the words "which will create a nuisance" appearing in line 9 of the first
sentence and the entire last sentence of said paragraph were ordered stricken by ruling of the Court.
Defendants' motion to strike paragraphs (a)(1)  and (a)(2)  were taken under consideration by the
Court.  The Court having examined the pleadings and having considered the statements of counsel with
respect to said motion to strike now rules that defendants' motions to strike paragraphs (a)(1) and
(a)(2) of plaintiffs' petition be and the same are hereby sustained on the ground that plaintiffs
have failed to produce sufficient evidence to raise the issues therein contained.  The case of
Wesberry vs. Sanders 84 Sup Ct 526, 376 U.S. 1, and cases following it, have no application to the
case at bar for the reason that there is insufficient evidence upon which to make a determination
in regard to the validity of the selection of the Polk County Board of Adjustment and for the
further reason that said cases apply only to the election or selection of governmental bodies,
and the Court is aware of no court decision, binding upon this Court,  holding that the actions of a
de facto governmental body were invalid even in the face of a holding that their selection was in
violation of the principle "one man, one vote."  The plaintiffs have no standing to bring an appeal
under the provi-ions of subparagraph 3 of Section 358A.15 of the Code of Iowa,  as the actions of
the Board have at no time been purported to have been taken under said provision, but rather under
the provision of subparagraph 2 of said Section 358A.1S of the Code of Iowa.  The Court also took
under advisement plaintiffs' objection to defendants' Exhibt 24.  It is the ruling of the Court
that said exhibit is admissible for the sole purpose of showing such bearing as it may have upon
the question of the sufficiency of the evidence before the Board upon which it relied in issuing
the special permit in question.

     The CourtAaving heard the evidence,  inspected the files and records, including the return to
the writ, considered the briefs of counsel and being fully advised in the premises now makes the
following findings of fact and conclusions of law.

                                  FINDINGS OF FACT

     1.  That the defendant Agency is a legal entity organized and existing under the provisions of
Chapter 28E,  Code of Iowa 1966, as amended and Chapter 236, Acts of the 63rd General Assembly, firot
session, as amended.

     2.  That the defendant Agency has made a valid and subsisting offer to buy certain real  estate
situated in the County of Polk, State of Iowa,  legally described as:

                       Lots 3.  4 and the West half (W 1/2)  of Lot 5 in Section  1, Township
                       78 North.  Range 22,  West of the 5th P.M., Iowa,  containing 183.31 acres,
                       and Government Lots 1,  2 and 6 in the Northeast Fractional Quarter of
                       Section 2,  Township 78 North,  Range 22,  West of the 5th  P.M., Iowa (except
                       public highways)

-------
 from Marie-Ann-Linn Realty Company, which offer has been accepted by Marie-Ann-Linn Realty Company
 and said agreement extended through September 18, 1975. by mutual agreement of said parties and
 remains in full  force  and effect.

      3.  That the  plaintiffs are owners of land contiguous to the land described in paragraph 1 hereof
 and are entitled to bring this  certiorari action under the provisions of Section 358A.18 of the Code
 of Iowa.

      4.  That the  landfill site in question is in an A-l agricultural district as defined in the zoning
 Ordinances of Polk County.  Iowa.

      5.  That the  defendant Agency proposes to make use of the real estate described in paragraph 2
 above for a sanitary landfill site and prepatory to the use of such site they hired the firm of
 Henningson,  Durham and Richards, Inc., to make certain studies and investigations of the proposed
 site,  the results  of which studies were introduced in evidence by the testimony of witnesses from said
 firm and  through exhibits prepared by them.  Said firm has also been hired by the Agency to consult
 with said Agency concerning their program for the disposal of solid waste, and their methods for the
 operation of a sanitary landfill were also explained by the testimony of witnesses and by exhibits
 introduced at the  trial.

      6.  That the  various studies made by the consulting firm under the direction of the Agency and
 the  proposed plans for operation of the sanitary landfill were presented to the Board at a hearing
 held by the  Board  on May 21,  1970, at which hearing the Board considered the application of the Agency
 for  a special permit for the operation of a sanitary landfill on the land described in paragraph 2.

      7.   That at the hearing on May 21, 1970, before the defendant Board the plaintiffs were given
 a  full  hearing concerning their objections to the use of the proposed land for the sanitary landfill.
 That the  Court after full consideration of the testimony introduced by plaintiffs finds that plaintiffs
 have failed to prove by a preponderance of the evidence that the future operation of a sanitary landfill
 by the  Agency will pollute the  atmosphere, pollute subterranean waters, will damage wells and will make
 unusable  for livestock open streams and water that will be polluted by said landfill.   To the contrary,
 the  Agency has shown that the land proposed to be used for the sanitary landfill is underlain oy a
 thick layer  of glacial till, a  dark grey and brown silty, sandy clay,  through which surface water is
 not  likely to penetrate.   The stratum of glacial till is over 30 feet thick and lies above the level
 of the  permanent water table in the area and will prevent surface water from entering into aquifers
 below it  which supply  most of the deep wells in the vicinity.  That the proposed operation of the
 sanitary  landfill  will be operated in such a way as to prevent surface water from percolating through
 the  solid waste  deposited on the site and that natural waterways will  be directed in such manner
 as to prevent them from carrying off leached soluble matter from the waste material.  That no burning
 will be permitted  on the  site and affirmative measures will be taken in the operation of the site
 to prevent the outbreak of fire in the waste material.  That in the operation of the proposed sanitary
 landfill  the  Agency proposes to maintain screening in the forms of tree plantings and storage of
 fill dirt in  such  a way as  to preclude a view of the actual deposit of waste materials by persons
 living  in the near vicinity and by persons passing on the highway near by, and to take affirmative
 measures  to  prevent the blowing of debris from the site by the use of various types of fences.   That
 each day's fill  of waste  material will be covered at th_- close of the  day and will be closed in a
 separate  cell and  covered by fill dirt so as to prevent the movement of water from one of such cells
 to the  other.  Plans are  also proposed for the control of rodents.

     8.   That the  measures  proposed to be taken by the agency in changing the course of the streams
 and natural waterways  will  prevent surface water from flowing through  the waste material into the
 nearby  streams.

     9.   The  additional  requirements attached to the permit are reasonably adequate to protect
 plaintiffs against the adverse  effects to which they object,  and there is sufficient evidence in the
 record  of the proceedings before the Board upon which they could have  found that the water supplies of
 plaintiffs and others  and  streams flowing near the site will  be adequately protected.

     10.   That the  landfill  site is approximately seven miles east of  the city limits  of the City of
 Des Moines.   The only  access to the site will be from State Highway 163,  which is a four lane
 highway between Des  Moines and  the entrance to the landfill site.   Approximately 300 truck loads of
waste material will be brought  to the site from Des Moines each day it is in operation,  in addition
 to material  from other communities served by the Agency.   Plaintiffs have failed to show that- this
 increased traffic,   together with present traffic and foreseen future traffic,  will exceed the capacity
of this highway.

-------
                                      CONCLUSIONS OF LAW

 1.  That  the court has  jurisdiction of the partial hereto and the subject matter hereof.

 2.  Section 3SBA.15 of  the 1966 Code of Iowa provides as followsi

     "The Board of Adjustment shall have the following powerai

          "1.  To hear  and decide appeals where it is alleged there is error in any order.
               requirement, decision or determination made by an administrative official
               in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

          2.   To hear  and decide special exceptions to the terms of the ordinance upon which
               such board is required to pass under such ordinance.

          3.   To authorize upon appeal, in specific cases, such variance from the terms of the
               ordinance as will not be contrary to the public interest, where owing to special
               conditions a literal enforcement of the provisions of the ordinance will result
               in  unnecessary hardship, and so that the spirit of the ordinance shall be
               observed and substantial justice done."

While plaintiffs contend they bring their appeal under the provisions of Subsection 3 of Section 358A.
15 of the Code of Iowa, it is clear from the nature of the proceedings which were had before the
Board upon the Agency's application for a permit that the hearing held on May 21, 1970, by the Board
was conducted under the provisions of Subsection 2 of Section 356A.15 of the Code and that if plaintiffs
have any standing to challenge the issuance of the permit issued by the Board, their objections oust
be determined under the provisions of Subsection 2 and not under Subsection 3 of Section 358A.15

3.  Subparagraph H of Article 9 of the Zoning Ordinance of Polk County, Iowa, provides as follows:

     •SPECIAL USES.

     The Board of Adjustment may by special permit after public hearing, authorize the loeation of
     any of the following buildings or uses in the districts and according to regulations specified
     below.  In approving any "special use" the Board of Adjustment may prescribe appropriate condi-
     tions and safeguards.  Violations of such conditions and safeguards when made a part of the
     terms under which  the "special use" is granted, shall be deemed a violation of this Ordinance
     and punishable under Article 21 of this Ordinance.  In addition, special permits in connection
     with which a violation occurs shall be subject to revocation by the Board of Adjustment.
     Notice of hearing by the Board of Adjustment shall be given to all property owners within
     five hundred (500) feet of the boundary of the property on which the.special use is to be
     located by placing a notice in the United States mail at least ten (10)  days prior to the
     hearing.  Notices  shall contain the time and location of said hearing."
                                       * * *
     "4.  Garbage disposal. A-l, M-l. M-2, U-l Districts."
                                       * * *
     •16.  Dumps, including Sanitary Landfill.  Dumps, A-l, M-l, M-2 and U-l  Districts only."
                                       * * *
Under the above provision of the Zoning Ordinances of Polk County, Iowa, the  use of land for garbage
disposal purposes is specifically authorized within certain districts,  but only by a special permit
after public hearing.  This is preVlsely the course which the Board followed  in issuing the special
use permit to the agency.  The remaining question is whether or not the Board acted illegally in
any manner in granting  the permit to the Agency.  The granting of such a permit capriciously or
arbitrarily or without  sufficient evidence before them to determine the reasonableness of granting
a permit would constitute an illegal grant of a permit in violation of Section 358A.15.  Plaintiffs
contend that the operation of the sanitary landfill will pollute the atmosphere and subterranean
waters, will damage wells and will make unusable for livestock open streams of water and that there-
fore the decision of the Board in granting the Agency the permit acted illegally.  That insofar as
it is shown by the evidence,  the Board gave due consideration to the objections of the plaintiffs
at the hearing held on May 21,  1970, and there was sufficient,  competent evidence before them to
warrant the issuance of the special permit to the Agency.  Under the provisions of Section 35BA.21
the hearing in this matter was de novo and in compliance with said provision  the Court, perhaps out
of an over-abundance of caution, has made certain findings of fact hereinabove set out for the
purpose of testing the sufficiency of evidence which was before the Board,  and for the purposes of
testing whether or not there was support for the inherent finding in the issuance of the permit by
the Board that the issuance was proper,  essential, advantageous or desirable  to the public good.

-------
 convenience,  health or welfare,  Shultz  v*.  Board of Adjustment,  358  Iowa 804, 139 NW2d 448.
 In making said findings of fact  it has  not  been the intention of thn Court to substitute  it*
 judgment for  that of the Board.

       4.  Section 358A.18 provides as  follows:

           "Petition to court.  Any person or persons, jointly or severally, aggrieved by
           any decision of the board of  adjustment under the provisions of this chapter,
           or  any taxpayer,  or any officer,  department, board or bureau of the county,
           may present to a court of record  a petition, duly verified, setting forth
           that such decision is  illegal, in whole or in part, specifying the grounds of
           the illegality.   Such  petition shall be presented to the court within thirty
           days after the filing  of the  decision in the office of the board."

 Plaintiffs' petition,  as limited by defendants' motions to strike and rulings thereon, sets out
 certain grounds which plaintiffs allege support their claim of the illegality of the action of
 the Board in  issuing the permit.   The Court has considered all of the evidence which may  be
 reasonably said to be relevant to the grounds specifically alleged in plaintiffs' petition and
 upon which evidence was presented at the trial or contained in the return to the writ of  certiorari
 and has made  findings on certain grounds which may technically not be within the scope of plaintiff*'
 petition,  but have been entered  insofar as  evidence thereon was introduced without objection, and
 the parties may be said to have  submitted said issues to the Court.  The Court takes note, however,
 that plaintiffs do not challenge  the validity of Chapter 358A of the Code of Iowa or the  Zoning
 Ordinances of Polk County,  Iowa,  by their petition, by evidence introduced at the trial or by
 brief  and argument,  and such issues have not been considered.

       5.   The Court concludes that  the  Board acted within the bounds of their authority,  that the
 Board  had jurisdiction to  issue  the permit  to the Agency, that there was sufficient evidence before
 the Board to  warrant the necessary  findings for the issuance of the permit and to support the
 finding inherent in their  issuance  of the permit that said issuance was proper,  essential,
 advantageous  or desirable  to the  public good, convenience,  health or welfare,  that the action of
 the Board has not been shown by  the preponderance of the evidence to be arbitrary or capricicus,
 and concludes that the issuance of  the  permit for the sanitary landfill herein involved was valid.

       6.   That the writ of  certiorari heretofore issued by order of this Court,  dated June 15. 1970,
 should be  annulled,  plaintiffs'  petition should be dismissed and costs of this action taxed to
 plaintiffs.

       Counsel  for defendants will prepare a judgment entry in accordance with the foregoing findings
 and conclusions,  submit  the same  to counsel for plaintiffs  and return the same to the Court for
 signature.

      Dated this  26th  day of October,  1970

                                                      /s/ Waldo F.  Wheeler    	
                                                          JUDGE
Copies mailed to attorneys
by the Court

-------
DOCUMENT X-2
ERNEST VOGELAAR, EVELYN COLYN,
EVELYN DANKS, COLYN DANKS,
BENJAMIN HIBBS, MARION HIBBS-,
RALPH BUCKINGHAM, RALPH COLYN,
SLOAN CORPORATION and
RICHARD BURDOCK,
                                    IN THE SUPREME COURT OF IOWA
                       Appellants
                                                                            133
POLK COUNTY ZONING BOARD OF ADJUSTMENT                                     54818
and DES MOINES METROPOLITAN AREA SOLID
WASTE AGENCY, Charles Vender Linden,
Chairman and Director,

                       Appellees
     Appeal from Polk District Court - Waldo Wheeler, Judge.


     Neighboring property owners petitioned the district court for a writ of certiorari to review
the issuance of a specail use permit for a sanitary landfill by the Polk County Zoning Board of
Adjustment.  The petition was granted and trial ensued.  From the trial court decision annulling
the writ and sustaining action of zoning board, the plaintiffs appeal.—Affirmed.

     Howard S. Life and Patrick Life, of Oskaloosa, for appellants.

     Robert B. Seism, of Des Moines, for appellee Polk County Zoning Board of Adjustment.

     David S. Sather, of Des Moines, for appellee Des Moines Metropolitan Area Solid Waste Agency.


REYNOLDSON, J.

     The trial court sustained the action of defendant Polk County Zoning Board of Adjustment in
issuing  a permit for construction of a sanitary landfill to defendant  Des Moines Metropolitan Area
Solid Waste Agency.  Plaintiffs are landowners and residents in the area of the landfill site.
They appeal and we affirm.

     The landfill property is a 400 acre tract known as the Potnerantz farm.  It is located approxi-
mately seven miles East of the Des Moines City limits in Polk County, Iowa.  The real estate is
in an unincorporated area zoned A-l, Agricultural District, under the county zoning ordinance.  This
ordinance provides cor establishment of garbage disposal and dumps, including landfills, on property
zoned Z-l, but only by special permit following a public hearing.

     The viability of the Waste Agency, created by a number of municipalities pursuant to chapter
28E, Code, 1971, was recognized by this court in Goreham v. Des Moines  Met. Area Solid Waste Agency,
179 N.W. 2d 449 (Iowa 1970).  Responding to acute needs and to chapter  406, Code, 1971 (requiring
the establishment of a sanitary solid waste disposal facility by every  town, city and county),
the Waste Agency purchased the Pomerantz farm and applied to defendant  Board of Adjustment for a
special use permit to construct a sanitary landfill.  Following a public hearing .on May 21, 1970,
the board issued the requested permit subject to certain conditions and restrictions.

     On June 15, 1970, plaintiffs filed a petition for writ of certiorari under provisions of S 358A.18,
Code, 1971, alleging the defendant board had acted Illegally in granting the special use permit.

     The petition named only Polk County Zoning Board of Adjustment as'defendant.  Because It was
initially omitted as a party, the Waste Agency maneuvered without success to have the case dismissed.
The court then on its own motion ordered the agency to be brought into  the cause as an indispensable
party under rule 25, Rules of Civil Procedure.

     Exercising its discretion to hear evidence pursuant to §358A.21. Code, 1971, the court received
testimony of Waste Agency's investigations and studies relating to the  construction and operation of
the landfill.  Testimony was adduced from which the court found the geophysical composition of the
Pomerantz farm will not allow surface water to penetrate through to the permanent water table.
Evidence indicated the planned operation will prevent percolating waters from flowing through deposi-
ted waste and contaminating the local water supply.  Burning on this site will be prohibited.  The
erection of barrier fences will prevent blowing matter from being carried away from the area.  Each
day's waste, projected to be 300 truck loads, will be sealed in cells in a manner eliminating leakage
from one to another.  In addition, defendant agency plans to limit esthetic impairment by screening
the landfill site with stockpiled fill dirt and trees.
                                                         a?/

-------
      Following the testimony the  trial court held there was  substantial evidence to support defendant
 board's decision to Issue  the permit.  Plaintiffs' petition  was dismissed and the writ annulled by
 ruling entered November 3,  1970.

      Plaintiffs'  13 page brief, citing no case authority, presents three issues relied upon for rever-
 oal.   These are (1) the decree of the trial court Is contrary to the provisions of subsection  3 of
 '•| 3-58A.IS,  Code,  1971,  (2)  the decree of the trial court is  contrary to the public Interest,  (.*)
 ^ha decree  of the trial court allows the creation of a public nuisance contrary to the provisions
 of Chapter  657, Code,  1971.

      I.   Plaintiffs assert  the decree of the trial court is  contrary to the provisions of  subsection 3
 of Q  358A.15.   This contention exposes plaintiffs' confusion concerning the powers of defendant board
 itemized under 0  358A.15.   The section cited relates solely  to powers of the county zoning board of
 adjustment, not to powers of a reviewing trial court.

      Further,  analysis  of the application made by the Waste  Agency to defendant board subsumes tha
 action under the  original jurisdiction granted in subsection 2, § 358A.15.  Under subsection  2 tha
 board of adjustment is  authorized to hear and decide special exceptions to the terms of the ordinance.

      In contrast,  under subsection 3 of g 358A.15, the board is given power to authorize upon  appeal,
 in specific cases, such variance  from the terms of the ordinance as will not be contrary to the public
 Interest. '.Under  § 358A.T3  appeals to a board of adjustment  may be taken by any person aggrieved or
 by any county officer,  department, board of bureau affected  by a decision of the administrative officer.

      As  used in the context of zoning ordinances, a "variance" is authority extended to the owner  to
 use property in a manner forbidden by the zoning enactment,  where literal enforcement would cause  him
 undue hardship; while an"exception" allows him to put his property to a use which the enactment ex-
 pressly  permits.   Moody v.  City of University Park, 278 S.W. 2d 912, 919-920 (Tex. Civ. App.  1955).
 See also Rosenfeld v. Zoning Board of(Appeals, 154 N.E. 2d 323, 325; 19-111. App.2d 447, 450  (1958).

      The two concepts are well clarified in Depue v. City of Clinton, 160 N.W.2d 860, 864  (Iowa 1968).
 In that  decision  we quoted  with approval the following from  Cunningham, Land-Use Control - The State
 and Local Programs.  50  Iowa L. Rev. 367, 399-400:

      "Since World War II, however, most courts have come to  recognize that a 'special exception'
      permits in a particular district a use not otherwise permitted when certain conditions specifi-
      cally, set out in the ordinance are satisfied * * *.  A  'variance1, on the other hand, relaxes
      the zoning reflations  when  literal enforcement would result in 'unnecessary hardship'."

      The "specia?  use permit" granted defendant waste agency falls within the modification authorized
 by 6  358A.15(2) and is  a "special  exception", rather than a  "variance" authorized by § 358A.15(3).
 Plaintiffs'  agrument that trial court's' ruling was contrary  to § 358A. 15(3) misses its mark complete-
 ly.   The proceeding was  under § 358A.15(2) throughout.

      II.  Plaintiffs next contend  trial, court's holding is contrary to the public interest.  This
 issue was not  raised below unless  it can be read into the allegations of subparagraph 2(a) (4) of  the
 petition that  the  landfill  operation will cause pollution of atmosphere and water.  The trial  court
 concluded the  issuance  of the special permit was proper, essential, and advantageous  to the public
 good.  The  scope  of our review thus becomes important.  Although review in the district court  is de
 novo  in  the sense  that  testimony  in addition to the return may be taken if it appears to the court
 necessary'for  proper disposition  of the1 matter, the testimony should rightfully be confined to ques-
 tions of illegality raised by the  petition for the writ of certiorari.   Section 358A.21. Code, 1971;
 Deardorf v.  Board  of Adjustment of Plan. & Zon. Cora'n., 254  Iowa 380, 383, 118 N.W.2d 78,  80  (1962)
 ([Interpreting  analogous  § 414.18,  Code,, 1971).  Here the cause was tried at law below, pursuant, to
 court ruling from  which neither party appeals.  Our general  rule that this would confine our review
 to assignments of  error and  not be de n vo is applicable.  Flynn v, Michigan-Wisconsin Pipeline
 Company,  161 N.W.2d 56  (Iowa 1968).  Ir spite of his ruling  that the case be tried as a law action,
 the trial court judge denoted his  ordei'.as a "Judgment and Decree" and the parties persist in  referr-
 ing to "propositions" in their briefs.  See rule 344(a) (3), Rules of Civil Procedure.  However, we
 have held  repeatedly in similar appeals our review is on assigned errors only.  Zilm v. Zoning Board
 Of Adjustment,  Polk County,  260 Iowa 787, 150 N.W. 2d 606 (1967); Jersild v. Sarcone, 260  Iowa 288,
 149 N.W.2d  179 (1967);  Schultz v.  Board of Adjust, of Pottawattamie Co., 258 Iowa 804, 139 N.W.2d
 448 (1966).  The  findings of  fact by the trial court, set out above, are supported by substantial
 evidence and are binding on  this court.   Rule 344(f) (1), R.C.P.

      This court also notes defendants' affirmative contention that a sanitary landfill is  commensurate
 with  the public policy  of the  State of Iowa.  Section 406.3, Code, 1971, makes mandatory upon  every
 city, towntand county the establishment of a sanitary solid waste disposal project.  Sanitary  land-
 fills have'been held by  this  court to qualify as a bona fide waste disposal method in Schultz  v.
 Board of Adjust, of  Pottawattamie Co., 258 Iowa 804, 139 N.W.2D 448 (1966).  Plaintiffs do not
 demonstrate  the proposed landfill conflicts with the requirements of § 406.3.  This coupled with
 trial court's  substantiated  findings of fact referred to above compel this court to hold the pro-
 posed landfill  not contrary to the public interest.

      III.   The  remaining issue advanced by plaintiffs, that the landfill would create a public
nuisance contrary  to chapter  657, Code,  1971, was stipulated out of the case by the parties at trial.
 Plaintiffs'   counsel  readily  so conceded in argument before us, observing that this ground  was  reserved
 "for another lawsuit".  An issue not presented to or passed upon by the trial court cannot be  raised
or'reviewed' on appeal.  Rouse v.  Rouse,  174 N.W.2d 660 (Iowa 1970); Volkswagen Iowa City,  Inc. v.
Scott's  Incorporated, 165 N.W.2d 789 (Iowa 1969).

     The judgment of the trial court must be affirmed.  In view of this holding we do not  find it
necessary £,0 decide the questions raised in the cross-appeal filed by the Waste Agency.

                                                                                AFFIRMED.

     All Justices concur.
yd 1005                                              '**"

-------