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File #: 1576-2011    Version: 1
Type: Ordinance Status: Passed
File created: 9/20/2011 In control: Finance Committee
On agenda: 10/3/2011 Final action: 10/5/2011
Title: To authorize the Directors of the Department of Finance and Management and the Department of Public Service to enter into a Memorandum of Understanding with the Solid Waste Authority of Central Ohio ("SWACO") in order to outline the plans and certain commitments of the parties relating to the redevelopment of the Morse Road Eco Center; and to declare an emergency.
Explanation
BACKGROUND: The purpose of this ordinance is to give the Directors of the Department of Finance and Management and the Department of Public Service the authority to enter into a Memorandum of Understanding (MOU) with the Solid Waste Authority of Central Ohio ("SWACO"). The MOU will outline the plans and certain commitments of the parties relating to the redevelopment of the Morse Road Eco Center. The authorizations to expend, and modifications (if necessary) to the current lease transfer agreement remain subject to authorization pursuant to the passage of appropriate legislation by Columbus City Council.
Under the MOU, subject to adoption of a future ordinance(s), the City will enter into a reimbursement agreement with SWACO to complete certain public improvements at this location. Public infrastructure improvements include, but are not limited to, a solid waste transfer station to be operated by SWACO, a Division of Refuse Collection station, a Division of Fleet Management vehicle repair facility, a truck washing facility and a diesel/unleaded gasoline fueling station.  All structures housing vehicles will be equipped with safety features to accommodate CNG powered vehicles.
 
The City's agreement to provide financing is contingent upon authorization pursuant to the passage of appropriate legislation by Columbus City Council.
FISCAL IMPACT: None associated with the MOU.  
 
 
Title
To authorize the Directors of the Department of Finance and Management and the Department of Public Service to enter into a Memorandum of Understanding with the Solid Waste Authority of Central Ohio ("SWACO") in order to outline the plans and certain commitments of the parties relating to the redevelopment of the Morse Road Eco Center; and to declare an emergency.  
 
 
Body
WHEREAS, the Morse Road Transfer Station (hereinafter "MRTS") was built as part of an integrated trash management system by the City, initially designed as a shredder station to process trash for the Columbus Waste-to-Energy Facility.  SWACO operates the MRTS as part of the municipal solid waste management system implemented for the region, and SWACO currently leases said from the City and utilizes the facility as a solid waste transfer station; and
WHEREAS, the facility accepts approximately 130,000 tons of trash per year from a growing suburban population in Northeast Columbus and southeastern Delaware County, despite the fact that the original design of the facility is not conducive to transfer station operations; and
WHEREAS, the facility, due to its age, is in deteriorating condition and requires renovations which SWACO and the City have agreed to jointly undertake since both entities conduct operations at the facility.  Such renovations shall result in the construction of the Morse Road Eco-Station Facility, which shall serve as a SWACO Transfer Station, as well as Fleet and Refuse outposts for the City; and
WHEREAS, the required replacements and renovations to the original facility are necessary in order to secure a vital part of the community's solid waste infrastructure and ensure the continued provision of essential solid waste services to community residents; and
WHEREAS, SWACO shall act to oversee and/or supervise the facility project, and be responsible for hiring all Construction Manager(s), Construction Administration, Contractor(s), and/or other necessary personnel for the project.  The City shall act as the owner representative for the project, and shall be responsible for reimbursing all costs relating to its facilities as part of the project as well as proportional costs of shared facilities pursuant to the terms of a subsequent reimbursement agreement; and
WHEREAS, the Parties desire to memorialize their understanding and agreements with respect to such cooperation in a Memorandum of Understanding; and
WHEREAS, agreement to this Memorandum of Understanding is not an authorization to proceed, nor does it obligate the expenditure of funds.  All contracts will be subject to the approval of the Board of Trustees of SWACO and the Columbus City Council, including any subsequent amendments; and
WHEREAS, the reimbursement agreement remains subject to authorization pursuant to the adoption of appropriate legislation by Columbus City Council; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management and the Department of Public Service in that it is necessary to authorize this agreement in order to facilitate and ensure that improvements occur at the at the earliest possible date and for the immediate preservation of the public peace, health, safety, property and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Finance and Management and the Director of Public Service is hereby authorized to enter into a Memorandum of Understanding with the Solid Waste Authority of Central Ohio  ("SWACO) in order to outline the plans and certain commitments of the parties relating to the redevelopment of the Morse Road Transfer Station Facility including contracting, engineering, permitting, project letting and award, project financing and cost sharing and reimbursement terms, construction management, reimbursement terms, temporary parking, fueling, and storm water maintenance.
Section 2. Appropriations and authorizations for expenditures are not authorized herein but are subject to future ordinance(s) of City Council.
Section 3. 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 its passage and approval by the Mayor or ten days after the passage if the Mayor neither approves nor vetoes the same.