Explanation
Background: This seventh modification to the lease of the Solid Waste Reduction Facility and transfer stations by the City to the Solid Waste Authority of Central Ohio (SWACO) is necessary to reflect an agreement between the City and SWACO to create and fund a new Environmental Stewardship Office (ESO) which will, initially, be a part of SWACO. For the first two years of its operation (or longer if thereafter mutually agreed), SWACO and the City will each fund 50% of all costs not to exceed $200,000 per year, or $100,000 per party. The City's share will take the form of a credit against lease payments due from SWACO to the City. Thus, the lease documents need to be amended to reflect this agreement.
The creation of this ESO reflects the shared goal of SWACO and the City to promote good environmental policy within the City, consistent with the City's "Get Green Columbus" initiative, in order to conserve landfill space by the promotion of recycling and other waste management activities, the development of "green" businesses, and the initiation of community outreach efforts to engage regional residents in good environmental practices. The intention is to move the ESO to a newly created non-profit or community improvement corporation at some point in time in the future.
Fiscal Impact: The City's share of up to $100,000 per year for the cost of operation of the ESO will take the form of credits against the lease payments due from SWACO to the City. Since these are being largely deferred pending retirement of the SWACO bonds sold last year to reduce SWACO's outstanding debt to the City, there will be no immediate fiscal impact on revenue to the City.
Emergency Justification: Emergency action is requested as necessary for the immediate preservation of the public peace, property, health, or safety by allowing the expeditious creation of the ESO so as to allow immediate commencement of its important environmental initiatives.
Title
To authorize the Director of Public Utilities to execute the Seventh Modification to the Transfer Agreement and modification of the Lease Agreement for the Solid Waste Reduction Facility by and between the City of Columbus and the Solid Waste Authority of Central Ohio, and to declare an emergency.
Body
WHEREAS, in March 1993 the City of Columbus and the Solid Waste Authority of Central Ohio, hereinafter "SWACO," entered into a Transfer Agreement and the Lease for the Solid Waste Reduction Facility and leases for the transfer stations on Georgesville Road, Morse Road, and Alum Creek Drive; and
WHEREAS, the Transfer Agreement and Lease Agreement for the Solid Waste Reduction Facility have been previously modified, the most recent modification being entitled the Sixth Modification, authorized by Ordinance No. 0006-2005; and
WHEREAS, the City and SWACO agree that an Environmental Stewardship Office should be created, within SWACO initially, which will assist in implementing the City's "Get Green Columbus" initiative and further the goals of both parties to promote recycling and other waste reduction, and "green" business development, thereby conserving landfill space; and
WHEREAS, the City and SWACO agree that the costs of funding the Environmental Stewardship Office during its first two years of operation, or longer if thereafter mutually agreed, will be shared by the two parties on a 50-50 basis with costs for each not to exceed $100,000 per year; and
WHEREAS, the City and SWACO agree that the City's share of these costs may take the form of a credit against lease payments due to the City from SWACO under the Transfer Agreement and Lease Agreement as modified; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to authorize the Seventh Modification to the Transfer Agreement and Lease Agreement for the Solid Waste Reduction Facility in order that operation of the Environmental Stewardship Office may commence immediately, preserving the public health, peace, safety, and welfare; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1: That the Director of the Department of Public Utilities be and hereby is authorized to execute the Seventh Modification to the Transfer Agreement and to modify the Lease Agreement for the Solid Waste Reduction Facility between the City and the Solid Waste Authority of Central Ohio, in such form as is approved by the City Attorney, and which modification shall permit the City to take as a credit against lease payments due from the Authority to the City for two years, or longer if thereafter mutually agreed, up to $100,000 per year representing the City's 50% share of the operating costs of the Environmental Stewardship Office.
SECTION 2: That for the reasons stated in the preamble hereto, which is hereby made a part hereof, the ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after its passage if the Mayor neither approves nor vetoes the same.