Ordinance 2018-02: Solid Waste Disposal-3rd Addendum

ORDINANCE NO. 2018-02

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO THIRD 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 an initial term of one (1) year 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 the second extension of this Agreement for a one (1) year period beginning April 1, 2017, and ending on March 31, 2018; and

 

WHEREAS, the Council authorized written notice of the Village’s intention to renew the Agreement for third term of another one (1) year period at the council meeting conducted on December 18, 2017; and

 

WHEREAS, the Village desires to extend the Agreement for another one (1) year period beginning April 1, 2018, and ending on March 31, 2019; and

 

WHEREAS, the Council of the Village of Antwerp authorizes the Mayor to enter into a Third 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, 2018, and ending on March 31, 2019, and the Mayor is authorized to enter into a Third 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: _____________________, 2018.

 

____________________________________

Ray DeLong, Mayor

Village of Antwerp

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

Village of Antwerp