AGREEMENT
BETWEEN CLAY, OWEN AND VIGO COUNTIES
ESTABLISHING A JOINT SOLID WASTE MANAGEMENT DISTRICT
THIS AGREEMENT is entered into this 24th day of June, 1991, by and among the Commissioners of Clay County, Owen County, and Vigo County (hereinafter, the “Commissioners”).
WHEREAS, pursuant to I.C. 13-9.5-2-1, the Commissioners of Clay, Owen, and Vigo Counties desire to enter into an agreement for the purpose of establishing a joint solid waste management district; and
WHEREAS, the Commissioners believe that the establishment of such joint district will facilitate the orderly, economical and environmentally sound treatment and/or disposal of solid waste within Clay, Owen and Vigo Counties; and
WHEREAS, the Commissioners intend to present this Agreement to each of their respective County executives for the purpose of obtaining approval of this Agreement in accordance with Indiana law.
Now, THEREFORE, WITNESSETH, in consideration of the mutual promises contained herein, the Commissioners do hereby agree as follows:
1. Creation of Joint District/Effective Date. A joint solid waste management district is hereby created, which shall be denominated the “Clay-Owen-Vigo Solid Waste Management District” (the “Joint District”). Notwithstanding the foregoing, this Agreement will be without force and effect unless Clay, Owen, and Vigo Counties approve this Agreement, by duly enacted ordinance in accordance with law.
2. Board of Directors. A Board of Directors shall be appointed for the purpose of conducting all business of the Joint District. The Board of Directors shall consist of the following:
a. the three Clay County commissioners;
b. the three Owen County commissioners;
c. the three Vigo County commissioners;
d. an elected official of the City of Terre Haute as recommended by the mayor and approved by the Common Council of Terre Haute;
e. an elected official of the Town of Spencer, as recommended by the President of the Town Council of Spencer and approved by the Town Council; and
f. an elected official of the City of Brazil, as recommended by the mayor of Brazil and approved by the Brazil Common Council.
3. Voting. For purposes of a meeting of the Board of Directors, seven (7) members shall constitute a quorum. Consent of seven (7) members of the Board of Directors shall be required to adopt any motion under consideration by the Board of Directors.
4. Term of Office. Each member of the Board of Directors shall serve a term co-extensive with his or her term of elected office.
5. Location of Meeting/Initial Meeting. The Board of Directors shall meet on a rotating basis, first in Clay County, second in Owen County, and third in Vigo County. The first meeting of the Board of Directors shall be held in Brazil, Indiana, and the time and specific location of subsequent meetings shall be decided by the Board of Directors at the first meeting.
6. Officers. The Board of Directors shall elect three officers – a chairperson, vice-chairperson, and fiscal officer. Each county shall have one of its members of the Board of Directors elected as an officer. Each office shall be rotated among the counties on an annual basis.
7. Submission of Agreement to Commissioner. Within thirty (30) days of the date on which the last of Clay, Owen, and Vigo Counties adopts an ordinance approving this Agreement, the Joint District shall submit a copy of this Agreement to the Commissioner of the Indiana Department of Environmental Management.
8. Further Actions. All procedures necessary to carry out the business of the Joint District, particularly with respect to the implementation of the Joint District’s Solid Waste Management Plan pursuant to I.C. 13-9.5-4, and the establishment of an Advisory Committee, pursuant to I.C. 13-9.5-2-10, shall be established at the Initial Meeting of the Board of Directors, which Initial Meeting shall occur not later than August 1, 1991.
9. Effective Date. Subject to Paragraph 1, the effective date of this Agreement shall be the date set forth in the preamble to the Agreement, appearing on page 1.
10. Counterparts. This Agreement may be executed in counterparts, but copies of all counterparts shall be sent to each county.
Signatory, Warren Lankford
Warren Lankford
Clay County Commissioner
Signatory, Michael McCullough
Michael McCullough
Clay County Commissioner
Signatory, Jack Johnson
Jack Johnson
Clay County Commissioner
Signatory, Dwight Dunigan
Dwight Dunigan
Owen County Commissioner
Signatory, Wiley Truesdel
Wiley Truesdel
Owen County Commissioner
Signatory, Steve Williamson
Owen County Commissioner
Signatory, James E. Adams
James E. Adams
Vigo County Commissioner
Signatory, John A. Scott
John A. Scott
Vigo County Commissioner
Signatory, P. James Diehl
Jim Diehl
Vigo County Commissioner