Minutes 03/08/2005 - Laserfiche WebLink

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March 8. 2005 Motion by Mr. Whitehurst, and seconded by Mr. Smith, that the City Council adopt a resolution of the Council authorizing the City Manager to enter into negotiations with SPSA and American Ref-Fuel Company concerning a waste management plan involving the acceptance of "Out of Area" waste at a Portsmouth location within the guidelines set in the resolution. As a part of this motion the City Manager is directed to present for review and approval by the City Council any proposed agreement with those parties, and was adopted by a unanimous vote. "A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (SPSA) AND AMERICAN REF-FUEL COMPANY TOWARD AN AGREEMENT FOR THE ACCEPTANCE OF "OUT OF AREA" WASTE UNDER CERTAIN CONDITIONS AND TO INITIATE OTHER ACTIONS NECESSARY TO FACILITATE RECEIPT OF SUCH WASTE. WHEREAS, the Southeastern Public Service Authority of Virginia (SPSA) has proposed that the City of Portsmouth consider participating in a new waste management program that has the potential to enhance the long-term financial growth of the City of Portsmouth while simultaneously supporting the region's long-term protection of public health, safety, and environment and controlling future costs of waste management services to the region; and WHEREAS, these opportunities include a host fee for the City of Portsmouth through a memorandum of understanding (MOU) or other similar legal document with American Ref-Fuel Company, a business that is experienced in solid waste management and is economically stable; and WHEREAS, the host fee revenue associated with the receipt and management of additional municipal solid waste and the disposal of such additional waste will benefit the citizens of the City of Portsmouth and provide additional funding to be utilized towards achieving the goals of the City's Comprehensive Plan; and WHEREAS, such an arrangement would also provide a long-term source of revenue that is essential to efficient and cost-effective operations of waste management for the City and the region; and WHEREAS, the City Council supports the proposed arrangement with SPSA and American Ref-Fuel, subject to negotiation, study, and further approval of an appropriate final written agreement or other legal instrument for that purpose. NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Portsmouth, Virginia, hereby authorizes the City Manager, to take the necessary steps to develop for presentation to the City Council a memorandum of understanding and other legal instruments necessary to formalize an agreement between the City, SPSA, and American Ref-Fuel for the receipt and disposal of certain waste from outside SPSA's existing service area; and BE IT FURTHER RESOLVED, that such legal instruments shall include, but not be limited to, the following provisions: 1. Delivery of a minimum of 2,500 tons per day, on an annualized basis, of residential, municipal solid waste, for six days per week, to be transported and disposed of by SPSA or American Ref-Fuel in one or more properly permitted and regulated facilities; 2. Negotiation for payment of a minimum host fee set at today's equivalent industry standard fee per ton, annually adjusted based on a mutually agreeable index, such as the Consumer Price Index, and other such adjustments outside of a general adjustment index; 3. A minimum term of 20 years, beginning on or about January 1, 2007, with provisions for sale, assignment or termination of the agreement