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File #: 0461-2004    Version: 1
Type: Ordinance Status: Passed
File created: 2/27/2004 In control: Utilities Committee
On agenda: 3/29/2004 Final action: 4/1/2004
Title: To appropriate and authorize the City Auditor to transfer $585,452.00 from the Special Income Tax Fund to the 1995, 1999 Voted Refuse Collection Fund; to authorize and direct the Finance Director to establish purchase orders with Toter, Incorporated, and Rotonics Manufacturing, Incorporated, for the purchase of mechanized collection containers and container parts for the Refuse Collection Division per the terms and conditions of existing citywide contracts: to authorize the expenditure of $585,452.00 from the 1995, 1999 Voted Refuse Collection Fund, and to declare an emergency. ($585,452.00)
Explanation
 
The Refuse Collection Division utilizes 90 and 300-gallon containers in its mechanized collection system.  These containers are distributed to new residences and are also used for replacement and in-fill purposes.  The division also requires replacement parts for containers that are not covered by warranties.  This legislation authorizes the Finance Director to establish purchase orders for the purchase of 90 and 300-gallon refuse containers and container parts for the Refuse Collection Division per the terms and conditions of existing citywide contracts as follows:
 
Toter, Incorporated (Contract #FL001039 expiring February 12, 2005)
Quantity and Item                                                                      Extended cost
6,912   90-Gallon Containers                                                         $265,489.92
500     90-Gallon Container Lids                                                    $    7,500.00
[Lot] Miscellaneous Parts (wheel sets, fasteners, etcetera)             $    5,462.08
Total                                                                                           $  278,452.00
 
Rotonics Manufacturing, Incorporated (Contract #FL001040 expiring February 27, 2005)
Quantity and Item                                                                       Extended cost
1,500    300-gallon Containers                                                        $264,000.00
300      300-gallon Container lids                                                    $  43,000.00
Total                                                                                            $307,000.00
 
The total expenditure authorized within this ordinance is $585,452.00.
 
Toter, Incorporated's contract compliance number is 56-1362422 and expires January 16, 2007.  Rotonics Manufacturing, Incorporated's contract compliance number is 36-2467474 and expires November 3, 2006.
This purchase is budgeted in the mechanized collection system project within the 1995, 1999 Voted Refuse Collection Fund.  However, all available cash has been expended from this Fund.  The division is permitted to certify up to and including $2,000,000.00 against the Special Income Tax Fund prior to the next bond/note sale; previous legislation (Ordinance 0023-2004) obligated $1,414,548.00 of this amount for the purchase of nine (9) automated sideloader vehicles.  This ordinance certifies the cost of these containers and container parts from the Special Income Tax Fund.  This is a temporary funding device until the next bond/note sale at which time the Special Income Tax Fund will be reimbursed.  
The division spent $832,560.00 in 2000, $241,705.23 in 2001, $1,341,355.20 in 2002, $330,485.00 in 2003 and $29,835.00 in 2004 (year-to-date) for refuse collection containers/container parts.  
 
Emergency action is requested to expedite the receipt of these containers/container parts to continue uninterrupted refuse collection service to residents.
 
Title
 
To appropriate and authorize the City Auditor to transfer $585,452.00 from the Special Income Tax Fund to the 1995, 1999 Voted Refuse Collection Fund; to authorize and direct the Finance Director to establish purchase orders with Toter, Incorporated, and Rotonics Manufacturing, Incorporated, for the purchase of mechanized collection containers and container parts for the Refuse Collection Division per the terms and conditions of existing citywide contracts: to authorize the expenditure of $585,452.00 from the 1995, 1999 Voted Refuse Collection Fund, and to declare an emergency.  ($585,452.00)
 
Body
 
WHEREAS, the Refuse Collection Division has determined the need for additional 90-gallon and 300-gallon refuse collection containers and container parts for use in its operations; and
 
WHEREAS, citywide term contracts with Toter, Incorporated, and Rotonics Manufacturing, Incorporated, exist for the purchase of said needed containers and container parts; and
 
WHEREAS, an emergency exists in the usual daily operation of the Refuse Collection Division, Public Service Department, in that it is immediately necessary to purchase these containers and container parts to continue uninterrupted refuse collection service to residents, thereby preserving the public health, peace, property, safety and welfare; now therefore,
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1.   That from the unappropriated monies in the Special Income Tax Fund, Fund 430, and from the monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2004, the sum of $585,452.00 be and hereby is appropriated to the City Auditor, Department No. 22-01, Object Level One Code 10, Object Level Three Code 5500 and OCA Code 920023.
 
SECTION 2.  That the City Auditor is hereby authorized to transfer said funds to the 1995, 1999 Voted Refuse Collection Fund, Fund 703, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
 
SECTION 3.  That $585,452.00 is hereby appropriated within the 1995, 1999 Voted Refuse Collection Fund, Fund 703, Department No. 59-02, Refuse Collection Division, Object Level One Code 06, Object Level Three Code 6651, OCA Code 644419 and Project 520001 to purchase mechanized collection containers and container parts for the Refuse Collection Division.
 
SECTION 4.   That the monies appropriated in the foregoing Section 1 shall be paid upon order of the Public Service Director and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
 
SECTION 5.  That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 2 above and said funds are hereby deemed appropriated for such purpose.
 
SECTION 6.  That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract(s) or contract modification(s) associated with the expenditure of the funds transferred under Section 2 above.
 
SECTION 7.  That the City intends that this ordinance constitute an official intent for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
 
SECTION 8.  That the Finance Director be and hereby is authorized to establish a purchase order in the amount of $278,452.00 with Toter, Incorporated, 841 Meacham Road, Statesville, North Carolina 28677 for the purchase of 6,912 90-gallon containers ($38.41 each), 500 90-gallon container lids ($15.00 each) and miscellaneous parts ($5,462.08) in accordance with the terms and conditions of universal term contract FL001039 established for this purpose.
 
SECTION 9.  That the Finance Director be and hereby is authorized to establish a purchase order in the amount of $307,000.00 with Rotonics Manufacturing, Incorporated, 736 Birginal Drive, Bensenville, Illinois 60106 for the purchase of 1,500 300-gallon containers ($176.00 each) and 500 300-gallon container lids ($86.00 each) in accordance with the terms and conditions of universal term contract FL001040 established for this purpose.
 
SECTION 10.       That to pay the cost of the aforementioned purchase orders, the expenditure of $585,452.00 or so much thereof as may be needed is authorized from the 1995, 1999 Voted Refuse Collection Fund, Fund 703, Department No. 59-02, Public Service Department, Refuse Collection Division, Object Level One Code 06, Object Level Three Code 6651, OCA code 644419 and Project 520001.
 
SECTION 11.  That for 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 passage if the Mayor neither approves nor vetoes the same.