Agenda - Council - 02/13/1990 - Laserfiche WebLink

Home

office of ANOKA CO UNTY ATTORNEY ROBERT M.A. JOHNSON Courthouse, 325 East Mt~in Street, Anoka, MN 55303 612-421-4760 Fax 612-422-7524 January31, 1990 MEMO TO: FROM: RE: Representatives to the Anoka Regional Landfill Board Para McCabe Assistant County Attorney Disbursement of assets acquired by the Anoka Regional Landfill Board In accordance with the parties' Joint Powers Agreement, the Anoka Regional Landfill Board formally ceased to exist on December 31, 1989. Also, the agreement between the Landfill Board, the Cities of Ramsey and Anoka, and Waste Management of Minnesota, Inc. regarding the methane gas extraction project terminated on December 31, 1989. However, the issue of final closure of the project remains to be addressed. Pursuant to the terms of the Joint Powers Agreement, assets acquired by the Landfill Board are to be distributed on termination to the parties in shares proportionate to their loan contributions. No surplus monies are available to be distributed to the parties since revenue generated by the project was not sufficient to repay the loans referenced in the Joint Powers Agreement. Under the terms of the agreement between Waltek, Inc. and the Landfill Board, the security interest of the Landfill Board in the equipment acquired by Waltek with funds provided through the Landfill Board is released as of the agreement termination date. Since this agreement has also terminated, the Landfill Board no longer has an interest in this equipment. The Landfill Board's agreement with Waste Management provided that new equipment installed by the Landfill Board at the landfill was the property and responsibility of the Landfill Board for the term of the Agreement. Upon the agreement's termination, the Landfill Board is to pay for the cost of removal of such equipment if such removal is reasonably necessary to continued operation of the landfill. Waste Management has not made a request for the removal of any equipment. It is my understanding that the only asset acquired by the Landfill Board which would be available for distribution is the pipeline constructed between the properties of Waste Management of Minnesota, Inc. and Waltek, Inc. Some risk exists to the parties' in continued ownership of this pipeline. Based on conversations with county staff, it would be necessary either to have the pipeline capped to prevent accumulation of methane gas in the pipeline or to have the pipeline Affirmative Action /Equal Opportunity Employer