Explanation
This ordinance authorizes the Director of the Department of Public Utilities to enter into the Fourteenth Modification of the Lease and Transfer Agreement between the City and the Solid Waste Authority of Central Ohio ("SWACO"), dated April 1, 1993, (as modified by the First through the Thirteenth Modifications to that Agreement, the "Lease Agreement") for the purpose of providing partial funding for the Office of the Environmental Steward through December 31, 2011, and for the purpose of modifying the terms of the 8th Modification of the Lease and Transfer Agreement to clarify the reimbursement obligations of the City with respect to Recycling Drop Off Boxes placed by SWACO and invoicing for same.
The Office of the Environmental Steward was first established by the City and SWACO under the terms and conditions of the Seventh Modification. Since then it has been extended and modified several times to reflect ongoing commitment and support. The interest and need in the community for strong environmental leadership is at an all time high. The efforts of the Environmental Steward work to protect the SWACO landfill by reducing the amount of waste produced in our community, by increasing recycling, working to attract green businesses to our community, providing for public education, and protecting our air and water.
In addition, this modification will establish certain goals and objectives for the Office of Environmental Steward. The goals have been mutually established by both SWACO and the City of Columbus, to ensure their conformance with Ohio law. Additionally, by mutually determining the goals for the Office, both The City and SWACO ensure that the program accomplishes work that is in the best interest of the community. This important project is a model of collaboration and demonstrates the commitment of the City and SWACO to improving the environmental conditions of the City, Franklin County, and SWACO's solid waste management district.
This ordinance is being submitted as an emergency measure as it is a companion piece to an appropriation ordinance that is also being submitted as an emergency measure.
Fiscal Impact: The City's share of the operation of the Office of the Environmental Steward will continue to 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 there will be no immediate fiscal impact on revenue to the City. For the drop off recycling program the City agrees to reimburse SWACO $25.00 per ton for each ton of recyclable materials deposited in SWACO Drop boxes collected by SWACO in excess of 10,000 tons for Drop Boxes located within the City of Columbus.
Title
To authorize the Director of Public Utilities to enter into a Fourteenth Modification of the Lease and Transfer Agreement by and between the Solid Waste Authority of Central Ohio and the City of Columbus; and to declare an emergency.
Body
WHEREAS, the City and the Solid Waste Authority of Central Ohio ("SWACO") entered into a Lease and Transfer Agreement dated April 1, 1993 (together with the First through the Thirteenth Modifications to that Lease and Transfer Agreement, the "Lease Agreement") to, among other things, transfer possession of the City's Solid Waste Reduction Facility ("Facility") to SWACO as Lessee of the Facility and to require that SWACO make lease payments to the City; and
WHEREAS, the ongoing efforts of the Environmental Steward work to protect the SWACO landfill by reducing the amount of waste produced in our community, by increasing recycling, working to attract green businesses to our community, providing for public education, and protecting our air and water; and
WHEREAS, the City and SWACO now desire to enter into a Fourteenth Modification of the Lease Agreement to account fully fund the office of the Environmental Steward through 2011 and to modify the goals and objectives of the office of the Environmental Steward; and
WHEREAS, modifying the terms of the 8th Modification of the Lease and Transfer Agreement to clarify the reimbursement obligations of the City with respect to Recycling Drop Boxes placed by SWACO and invoicing for same; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is necessary to modify this contract so as to continue funding for the "Get Green" initiative through 2011 and to clarify the terms of the drop off recycling program in order to preserve the public health, peace, property, safety, and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Utilities is hereby authorized to enter into and execute the Fourteenth Modification to the Lease Agreement between the City and the Solid Waste Authority of Central Ohio.
SECTION 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.