5399-79 Sign letter of understanding for disposal of solid waste

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P~ESOLUTION NO.: 5399 BY: McNally, Salmon, Wendling, BroCkman, Brown, McBride D~ E~RGENCY RESOLUTION authorzzmng the Mayor to Sign a Letter of Understand- ing addressed to the Board of County Commissioners of ~uyahoga County and making a commitment to enter anto negotiations an good faith ~n an attempt to develop a binding contract for the disposal of the City of LakeWood's solid waste at the proposed new County rubbash disposal facility. WHEREAS, the Commissmoners of Cuyahoga County, Ohio are making their best efforts to select an operator who shall be fully responsible for the design, construction, operation and maintenance of a refuse disposal resource recovery facility, and, WHEREAS, the feasibility of creatang and operatin~ such a facility will depend on the long term commitment of the municapaliti~s within Cuyahoga County to deliver adequate amounts of processmble solid waste 'to such a facility, and in paymng an adequate and equitable fee for processing such solid waste, and, Wq{EREAS, The Commissaoners of Cuyahoga County hav~ submitted a proposed Letter of Understanding, a copy of which is attached, ~nd which commits the City of Lakewood and the Board of County Commissioners 'to enter into negotiations with good faith in an effort to develop a banding contract when the enganeering and financial studies have progressed to the point where a firm contractural arrangement can be specified, now, therefore, BE IT RESOLVED BY T}~ COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the City of Lakewood hereby expresses a continuing interest in considering a contract of at least twenty (20) years duration for the delivery of all the solid waste collected by the City ~r its contractee, now estimated to be at least 117 tons per day, according t~ a fee schedule to be determined in the future whach fee schedule would permit the timely retirement of indebtedness and payment of operatang cost arising ~rom the project. Section 2. That thas Councal hereby authorizes thel Mayor to sign a Letter of Understanding wmth the Board of County Commissionersl of Cuyahoga County, ~ommitang to negotiatang in good faith in an effort to Idevelop a binding contract once the engineering and finanac~al studies have progrelssed to a point to permit a definative contractural agreement, subject to approvall of Council by ordinance, to be entered into between thms City and Cuyahoga County, Ohao and/or at's designee which agreement shall provide for the disposal of all tlhas City's solid waste, provide for payment of the City's service fees requlredl an connection therewith, be in operation for a duration beganning wzth the date Df its execution and ending on a date to be set for the retmrement of the andebtednless arisang from this project, provide a formula for service fees whzch takesl into account the service and operating costs arising from the pro]ect, and be conditioned on a. substantial completion of the project so that it is able to receivel solid waste for processing. Section 3. That the.City of Lakewood acknowledgesl that the Commissioners of Cuyahoga County, Ohio will use this expression of a~terest to help them determmne the feasibility of the contemplated solid waslte recovery and processing project. Section 4.That this Resolution is hereby declared 'to be an emergency measure as stated an the preamble hereof and provided ~hat it receaves the affirmative vote of two-thards of all members elected t~ Council, mt shall take effect and be in force immediately upon ets adoptalon and approval by the Mayor. ~ ~L'/~/,