Explanation
Background: This legislation authorizes the Public Service Director to modify and increase an existing encumbrance established per Ordinance #0013-2004, passed January 26, 2004, to pay 2004 refuse tipping fees to the Solid Waste Authority of Central Ohio (SWACO) for the Refuse Collection Division. The original encumbrance was established in the amount of $10,967,000.00 based on estimated refuse tonnage. Actual and projected tonnage is very close to exceeding this estimate and may be insufficient to pay invoices for November and December (the exact amounts of which are not known at this time). Since partial payments are unacceptable and delayed payments incur an interest penalty, it is prudent to prepare for this possibility by increasing the amount of the encumbrance by $300,000.00. Any amounts remaining after this liability has been satisfied will be cancelled. Formal competitive bidding requirements must be waived because refuse disposal services other than those provided by SWACO are available in the marketplace, however the city is contractually obligated to tip at SWACO facilities.
Fiscal Impact: Tipping fee rates are determined by SWACO's established rate setting process. Additional funding for tipping fees is available within the Special Income Tax Fund. This ordinance appropriates these funds as necessary. Actual annual tipping fees totaled $10,787,906.67, $10,551,338.72 and $10,916,155.71 in 2001, 2002 and 2003, respectively. Through October actual 2004 expenditures total $9,153,802.65.
Emergency action is requested to provide for full payment of all liabilities and avoid payment delays to the Solid Waste Authority of Central Ohio (SWACO).
Title
To appropriate $300,000.00 within the Special Income Tax Fund; to authorize the Public Service Director to modify and increase an existing encumbrance established to pay 2004 refuse tipping fees to the Solid Waste Authority of Central Ohio for the Refuse Collection Division pursuant to an existing lease agreement; to authorize the expenditure of $300,000.00 or so much thereof as may be necessary from the Special Income Tax Fund; to waive the competitive bidding requirements of the City Code, and to declare an emergency. ($300,000.00)
Body
WHEREAS, the Refuse Collection Division must encumber additional funds to continue refuse tipping at the Solid Waste Authority of Central Ohio's facilities pursuant to the lease agreement between the City and the Authority for those facilities; and
WHEREAS, these funds must be appropriated within the Special Income Tax Fund; 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 modify and increase an existing encumbering document with the Solid Waste Authority of Central Ohio for refuse disposal to provide for full payment of all liabilities and avoid payment delays, 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 the sum of $300,000.00 be and hereby is appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, and from all 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, to Department No. 59-02, Public Service Department, Refuse Collection Division, Object Level One Code 03, Object Level Three Code 3389 and OCA Code 592220.
SECTION 2. That the monies appropriated in 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 3. That the Public Service Director be and hereby is authorized to modify and increase by $300,000.00 the existing encumbrance established with the Solid Waste Authority of Central Ohio for refuse tipping services for the Refuse Collection Division at the various rate charges assigned to each tipping location and any legal subsequently adjusted rates.
SECTION 4. That the expenditure of $300,000.00.00, or so much thereof as may be needed, be and hereby is authorized from the Special Income Tax Fund, Fund 430, Department No. 59-02, Public Service Department, Refuse Collection Division, Object Level One Code 03, Object Level Three Code 3389 and OCA Code 593715.
SECTION 5. That in accordance with Section 329.27 of the Columbus City Code, City Council has determined that it is in the best interest of the City of Columbus that Section 329.06 relating to formal competitive bidding requirements be waived and hereby waives said section.
SECTION 6. 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 passage if the Mayor neither approves nor vetoes the same.