Ordinance 2017-06: Trash Collection Second Addendum

ORDINANCE NO. 2017-06

 

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO SECOND ADDENDUM TO AGREEMENT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF RESIDENTIAL SOLID WASTE WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF ANTWERP, OHIO, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Village of Antwerp entered into an Agreement with Real Waste Disposal, LLC for the collection, transportation and disposal of residential solid waste within the corporate limits of the Village of Antwerp, Ohio (the “Agreement”), for a one (1) year period beginning April 1, 2015, and ending on March 31, 2016; and

 

WHEREAS, the Agreement provides that in its sole discretion, the Village of Antwerp may extend the term of the Agreement for four (4) successive one (1) year periods; and

 

WHEREAS, the Council authorized the first extension of this Agreement for a one (1) year period beginning April 1, 2016, and ending on March 31, 2017; and

 

WHEREAS, the Council authorized written notice of the Village’s intention to renew the Agreement for second term of another one (1) year period at the council meeting conducted on December 19, 2016; and

 

WHEREAS, the Village desires to extend the Agreement for another one (1) year period beginning April 1, 2017, and ending on March 31, 2018; and

 

WHEREAS, the Council of the Village of Antwerp authorizes the Mayor to enter into a Second Addendum to the Agreement for the one (1) year period extension.

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, OHIO:

 

Section 1.  That the Village of Antwerp elects to extend the one (1) year period of the Agreement with Real Waste Disposal, LLC for the collection, transportation and disposal of residential solid waste within the corporate limits of the Village of Antwerp, Ohio, for a one (1) year period beginning on April 1, 2017, and ending on March 31, 2018, and the Mayor is authorized to enter into a Second Addendum to the Agreement for this extension, which Addendum is attached hereto and incorporated herein by reference.

 

Section 2.  That if any other prior ordinance or resolution is found to be in conflict with this Ordinance, then the provisions of this Ordinance shall prevail.  Further, if any portion of this Ordinance is found to be invalid, only that portion shall be held invalid and the remainder shall be in full force and effect.

 

Section 3.  It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions in Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the continuation of residential solid waste collection, transportation and disposal services within the corporate limits of the Village, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

 

Passed: _____________________, 2017.

 

____________________________________

Ray DeLong, Mayor

Village of Antwerp

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

Village of Antwerp

 

 

Second Addendum to Agreement for the Collection, Transportation and Disposal of Residential Solid

Waste within the Corporate Limits of the Village of Antwerp, Ohio

 

 

THIS SECOND ADDENDUM is to amend an Agreement for the Collection, Transportation and Disposal of Residential Solid Waste within the Corporate Limits of the Village of Antwerp, Ohio between the Village of Antwerp, Ohio, and Real Waste Disposal, LLC (“Agreement”), which Agreement was entered into as of the 6th day of February, 2015.

 

The term of this Agreement was for a one (1) year period beginning on April 1, 2015, and ending on March 31, 2016, which was renewed for a successive one (1) year period beginning on April 1, 2016, and ending on March 31, 2017.  The Village elects to extend the Agreement for another one (1) year period as provided in Section 1.1 of the Agreement and the Agreement is amended to reflect the term of the Agreement is for a one (1) year period beginning on April 1, 2017, and ending on March 31, 2018.

 

All other terms and conditions of the Agreement shall remain in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have executed this Addendum this ____ day of __________________, 2017.

 

___________________________________

Ray DeLong, Mayor

Attest:                                                                  Village of Antwerp

 

__________________________

Aimee Lichty, Fiscal Officer

Approved as to Form:

 

 

____________________________

Melanie L. Farr, Village Solicitor
Real Waste Disposal, LLC

 

By:_________________________________

 

Name:_______________________________

 

Title:________________________________