HomeMy WebLinkAboutApplication for Landfill Permit Charge Card REV 061115CITY OF IOWA CITY
APPLICATION FOR LANDFILL CHARGE CARD
1. Applicant/User’s Name:_________________________________________________________________
Billing Address:
______________________________________________________________________________
City/State/Zip: _________________________________________________________________________
Phone #:_________________________________
2. If Applicant is a business, provide the names, titles, addresses and signatures of all individuals
authorized to bind the business.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Contact Person in Case of Emergency:
________________________________________________ _____________________________
(name) (Phone Number)
__________________________________________________________________________________________________
(address) (city) (state) (zip)
4. Describe the nature of Applicant’s business:
5. What type of solid waste will the Applicant be bringing to the landfill?
6. List other landfills with which you currently have and previously have had charge accounts.
7. List names of other businesses the Applicant has owned or operated.
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8. How many charge cards are needed?
I attest all information on this application is true and that I have the authority to make this application
on behalf of the business stated in Paragraph 1 above. I acknowledge that by submitting this application
to the City of Iowa City, I am consenting to the City performing a credit check.
_________________________________________________ Date: _______________________________
Signature
Title: _____________________________________________
Return completed application and signed landfill charge account agreement to the Revenue Division,
City Hall, 410 E. Washington Street, Iowa City, Iowa 52240. Allow up to five days for consideration of
the application. A copy of the agreement and charge cards will be mailed to you upon approval.
FOR CITY USE ONLY:
Date Received: ______________________________________
Approval of the Charge Card: __________________________ ________________________
Date
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LANDFILL CHARGE ACCOUNT AGREEMENT
This Agreement is made between ________________________________________ (“User”), a
_________________ (corporate form) licensed to do business in the State of Iowa, and the City of Iowa
City, Iowa, a municipal corporation (“City”).
A. INTENT AND DEFINITIONS
It is the intent of the Parties hereto to set forth the terms, conditions and procedures under which solid
waste disposal fees incurred at the City of Iowa City Landfill (“Landfill”) be placed on a Landfill Charge
Account with the City of Iowa City, in order to facilitate efficient use of the Landfill. As used in this
Agreement, "User" shall mean the person, firm, corporation, institution, responsible party, operator or
agency entering into this Agreement with the City.
User shall be solely responsible for compliance with all federal, state, and local laws and regulations
regarding the disposal of solid waste. User acknowledges receipt of the City’s rules and regulations in
effect that time this agreement was executed. User hereby agrees to comply with said rules and
regulations and any amendments thereto which may be approved subsequent to execution of this
agreement without further notice to User.
Parties agree that definitions applicable to Chapter 16 of the Iowa City Code of ordinances, as amended,
together with all rules and regulations adopted hereto, shall govern this Agreement.
B. DURATION OF AGREEMENT
This Agreement shall be valid for as long as the User remains in good standing, as defined by this Section
G below, and has disposed of solid waste at the Landfill within the previous twelve (12) months, unless
the Agreement is terminated pursuant to Section G.
C. ISSUANCE AND USE OF LANDFILL CHARGE CARD
1. City hereby agrees to permit User to charge the disposal fees incurred by User at the Landfill to
a Landfill Charge Account established pursuant to this agreement. The City shall issue Landfill
Charge Account Cards ("Landfill Charge Card") to the User, which shall solely be used at the Iowa
City Landfill by User’s employees.
2. User agrees that the Landfill Charge Card is non-transferable and non-assignable. Each card
issued may solely be used by User and its employees in accordance with this agreement. User
hereby assumes full and personal responsibility for the use of all Landfill Charge Cards issued to
the User, and shall assume all responsibility for monthly billings for disposal fees charged to
User's Landfill Charge Account, in addition to any delinquency fees, deposit requirements, and
service charges added thereto.
3. User agrees that in the event the Landfill Charge Card is stolen or lost, User will immediately
notify City of said event. City agrees to close the account number upon such notice, and /or
open a new account number if the User is otherwise current in all payments and requirements
herein.
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4. User must present a valid Landfill Charge Card to the Landfill attendant, comply with this
Agreement and any and all rules and regulations pertaining to the Landfill, including those
attached hereto, which may be amended from time to time without further notice to User.
D. DISPOSAL FEES
The User agrees to pay the disposal fees in effect on the date the solid waste is disposed, as set
forth in the Schedule of Fees, Section 3-4-5 of the Iowa City Code of ordinances, which may be
amended from time to time by the City Council in accordance with state law. Parties agree that
the disposal fees will be based on the net weight of solid waste delivered to the Landfill, as
determined by the City.
E. TERMS OF PAYMENT AND NOTICE
1. The City shall provide the User with regular monthly billings and Statement, detailing the
quantity of solid waste disposed by the User and the fees for said disposal. The User agrees to
pay the full amount billed within fifteen (15) calendar days after the date of the monthly billings.
After expiration of this 15-day period, the Landfill Charge Account will be deemed delinquent,
and the City will add a service charge of three-fourths percent (3/4%) to the outstanding
amount with the next billing cycle; and will add said service charge every additional 30 calendar
day period outstanding thereafter. If payment in full is not received by the City within 30 days
after the due date, the City will give written notice to cure, giving the User 30 days to cure the
default. If User fails to cure the default, the City will exercise its rights in accordance with
Paragraph G below.
2. User agrees it shall be assumed that the monthly billing and Statements are correct unless the
User notifies the City in writing of any contested billings or Statements within fifteen (15)
calendar days from the date of the billing and /or Statement.
F. DELINQUENCY DEPOSIT TO BE ESTABLISHED WITH CITY AND MAINTAINED
1. In the event User’s Landfill Charge Account is deemed delinquent according to Paragraph E
above, User shall provide to the City a delinquency deposit. Said Delinquency Deposit must be in
the form of a cash deposit to the City in the amount established pursuant to Title 16 of the City
Code of Ordinances.
2. In the event that User pays off the outstanding balance of its Charge Account and makes timely
payments for twelve (12) consecutive months, City agrees to return the Delinquency Deposit to
User upon request.
G. TERMINATION, DENIAL OF ACCESS TO LANDFILL
1. In the event of User's failure to comply with Chapter 16 as amended, or in the event of default
or breach of this Agreement, User shall be deemed to be no longer in good standing with regard
to its Charge Account. In accordance with Paragraph E, the City may declare this agreement
terminated, revoke the charge cards, and/or deny access to the Landfill. Notwithstanding the
notice requirements in Paragraph E, nothing shall preclude the Director of Public Works or
designee from requiring immediate compliance with Chapter 16 and denying access to the
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landfill without further notice if, in determination of the Director or designee, the default or
violation constitutes an imminent threat to human life or health.
2. Parties further agree that City's election to terminate this agreement and deny access to the
Landfill is not an exclusive remedy, but is cumulative with additional remedies noted herein and
as set forth in Chapter 16, Code of ordinances, as amended, and the rules promulgated thereto.
3. In the event that this agreement is terminated and thus User is denied the ability to charge
disposal fees to the charge account established pursuant to this Agreement, User may make
application for a new charge account only upon full payment of the outstanding disposal fees,
billing charges including accrued service charges, and payment of a delinquency deposit and/or
charge deposit, as set forth above.
4. Notwithstanding the above, it is hereby agreed that either Party may terminate this Agreement
upon providing the other Party with at least ten (10) calendar days written notice prior to the
effective date of termination. The provisions of Section E shall survive any termination of this
agreement, such that User shall remain obligated to pay any service charge, interest fee or
outstanding balance on the charge account until the account is paid off in full. Notice shall be
provided to the other Party at the addresses listed below.
H. NOTICE
Notice may be given herein by personal service to the other party or to the party's designated
agent, or by mailing by ordinary mail to the Party's last known address with sufficient postage
affixed. Notices shall be deemed effective on the date the notice is mailed and shall be given to
the following parties:
City: Director of Finance
City Hall
410 E. Washington St.
Iowa City IA 52240
User: ______________________________________
______________________________________
______________________________________
______________________________________
I. NON - ASSIGNABILITY
It is hereby agreed this Agreement is not assignable by either User. User agrees to inform City
immediately of any change of address or change of ownership.
J. SEVERABILITY
This Agreement is deemed severable; and in the event any portion is found invalid, the remaining
portions are deemed severed and shall continue in full force and effect.
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K. AUTHORITY
By executing this agreement, the individual signing on behalf of User declares that he or she has the
authority to enter into this agreement, which is binding upon User.
L. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa in a
court of proper jurisdiction in the State of Iowa. (PLEASE INITIAL)
Dated this______ day of ____________________________ , ____________.
CITY USER
By: ____________________________ _______________________________
Name
Title: __________________________ _______________________________
Firm's or Company Name
Approved by:
_______________________________
City Attorney's Office ________________________________
Address
________________________________
City, State ZIP
________________________________
Phone #
________________________________
Landfill Charge Account Number
________________________________
# of Landfill Charge Account Cards Issued
to User