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
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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
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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.
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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
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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.
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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
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* , ' » - , .
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
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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
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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.
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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
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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
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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
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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
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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.
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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/
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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
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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
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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).
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
.._.-/*/
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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
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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
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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
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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?
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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
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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.
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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.
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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
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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.
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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.
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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.
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(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.
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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
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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
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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
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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\
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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. ....
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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D. ACCOUNTING.
f irm o.f Ernst & Ernst, Independent Accou'nta
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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
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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,
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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,,
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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.
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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
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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
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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
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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
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3S -susZsis&T- £
'- " I , S^~~-K •-'-;-Jrrrb-r;
i n in 11 M
•»« »*oo t
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CONTROL &ITE FOK
DCTSCTOK SEE SITE
SCALE
W PLAN
#" - /'-oj
SCALE HOUSE
METRO PARK EAST
FIGURE SL- 5
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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.
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MAINTENANCE BUIDING
METRO PARK EAST
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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.
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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.
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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.-
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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.
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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
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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.
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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
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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
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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..
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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.
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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)
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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
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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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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(•) 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.
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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
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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:
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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)
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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)
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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.
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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
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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
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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 •
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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)
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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)
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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
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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.
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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.)
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"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.
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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.
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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*
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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
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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. "
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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
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• • 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.
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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.
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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
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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
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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
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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.
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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
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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.
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(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."
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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(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.
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(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.
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(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.
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£. 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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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"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.
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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.
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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.
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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
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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««<•—--•• — ••- " •'•
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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
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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.
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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
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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.
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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-'
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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
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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.
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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
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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
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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
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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-
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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?
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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
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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.
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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.
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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
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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 • •
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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.
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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..
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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??
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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
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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.
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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 ;
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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
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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.
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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.
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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.
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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»~
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(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
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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.
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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.
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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
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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
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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
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•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
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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.
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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^^
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&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
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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-
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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.
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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.
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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:
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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,
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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
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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
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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
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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)
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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.
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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.
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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
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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?/
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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 '**"
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