Ordinance No. 2023-05 An Ordinance Authorizing the Village Administrator to Enter into Third Addendum to the Agreement for the Collection, Transportation and Disposal of Residential Solid Waste Within the Corporate Limits of the Village of Antwerp

ORDINANCE NO. 2023-05

AN ORDINANCE AUTHORIZING THE VILLAGE ADMINISTRATOR TO ENTER INTO THIRD ADDENDUM TO THE AGREEMENT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF RESIDENTIAL SOLID WASTE WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF ANTWERP, OHIO

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, 2020, and ending on March 3 1, 2021; 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, 2021, and ending on March 31, 2022; and

WHEREAS, the Council authorized the second extension of this Agreement for a one (1) year period beginning April 1, 2022, and ending on March 31, 2023; and

WHEREAS, the Village desires to extend the Agreement for another one (1) year period beginning April 1, 2023, and ending on March 31, 2024; and

WHEREAS, the Council of the Village of Antwerp authorizes the Village Administrator 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 peri d 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, 2023, and ending on March 31, 2024, and the Village Administrator 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 shall take effect and be in force after the earliest period allowed by law.

Passed:  March 20, 2023

Attest:  Kevin Hornish, Fiscal Officer

Jan Reeb, Mayor

First Reading:  January 18, 2023

Second Reading:  February 15, 2023

Third Reading:  March 20, 2023

 

WASTE WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF ANTWERP, OHIO

THIS THIRD ADDENDUM is to amend an Agreement for the and Disposal of Residential Solid Waste within the Corporate Li of Antwerp, Ohio between the Village of Antwerp, Ohio, and Real Waste Dis which Agreement was entered into as of the 16^th day of March, 2020.

The term of this Agreement was for a one (1) year period beginning on April 1, 2020, and ending on March 31, 2021, which was renewed for a successive one (1) year period beginning on April, 2021, and ending on March 31, 2022, and renewed for a second successive one (1) year period beginning on April 1, 2022, and ending on March 31, 2023.  The Village now 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, 2023, and ending on March 3, 2024.

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

IN WITNESS WHEREOF, the parties hereto have executed this Third Addendum this day of March, 2023.

Brian Davis, Administrator – Village of Antwerp

ATTEST:

Kevin Hornish, Fiscal Officer

APPROVED AS TO FORM:

Melanie L. Farr, Village Solicitor