header-left
File #: 1631-2009    Version: 1
Type: Ordinance Status: Passed
File created: 11/20/2009 In control: Utilities Committee
On agenda: 12/14/2009 Final action: 12/16/2009
Title: To authorize the Director of Public Utilities to enter into a Twelfth Modification of the Lease and Transfer Agreement by and between the Solid Waste Authority of Central Ohio and the City of Columbus.
Date Ver.Action ByActionResultAction DetailsMeeting Details
12/16/20091 CITY CLERK Attest  Action details Meeting details
12/15/20091 MAYOR Signed  Action details Meeting details
12/14/20091 Columbus City Council ApprovedPass Action details Meeting details
12/14/20091 COUNCIL PRESIDENT Signed  Action details Meeting details
12/7/20091 Columbus City Council Read for the First Time  Action details Meeting details
11/23/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/23/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
11/23/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
11/23/20091 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
11/23/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/23/20091 Auditor Reviewer Reviewed and Approved  Action details Meeting details
11/23/20091 CITY AUDITOR Reviewed and Approved  Action details Meeting details
11/23/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/23/20091 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
11/23/20091 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
11/20/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/20/20091 Utilities Reviewer Sent for Approval  Action details Meeting details
11/20/20091 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
Explanation
 
Background:  This ordinance authorizes the Director of the Department of Public Utilities to enter into the  Twelfth 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 Tenth Modifications to that Agreement, the "Lease Agreement") for the purpose of  providing partial funding for the Office of the Environmental Steward through December 31, 2010, and for the purpose of  terminating SWACO's ability to enter into lease agreements to mine minerals as permitted by the Eighth Modification.
 
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.
 
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.  
 
Title
 
To authorize the Director of Public Utilities to enter into a Twelfth Modification of the Lease and Transfer Agreement by and between the Solid Waste Authority of Central Ohio and the City of Columbus.
 
 
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 Eleventh 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 Twelfth Modification of the Lease Agreement to account fully fund the office of the Environmental Steward through 2010 and to modify the goals and objectives of the office of the Environmental Steward; 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 Twelfth Modification to the Lease Agreement between the City and the Solid Waste Authority of Central Ohio.
 
Section 2.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.