HomeMy WebLinkAbout030443 ORD - 03/10/2015 Ordinance
Approving a termination of the agreement with RecycleRewards and
non-allocation of funds due to the necessity to fund improvements to
solid waste services in the operating budget for fiscal year 2015-2016;
finding that the termination and issuance of certificates of obligation
for solid waste services capital improvements are both necessary and
prudent; directing that a copy of this ordinance be included with the
adopted FY2015-2016 Operating Budget; and providing for severance.
WHEREAS, the City and RecycleRewards entered into an incentive-based recycling
program agreement approved by the City Council on October 12, 2010 (M2010-246), which
agreement became effective on October 15, 2010, for a term of five years and five months,
expiring on March 15, 2016;
WHEREAS, the City Council finds that the benefits of the RecycleRewards program do
not justify the fee established to fund said program;
WHEREAS, the City Council finds that the RecycleRewards program is not operating in
a manner likely to obviate the necessity of improvements to the City's landfill; therefore, the fee
originally established to fund said program must be instead utilized for such landfill
improvements;
WHEREAS, necessary capital improvements to the City's solid waste services must be
made and funded in the upcoming fiscal year 2015-2016 budget;
WHEREAS, the funding of the capital improvements requires termination of the
RecycleRewards agreement due to budget constrictions, and the City Council finds that the
termination and requirement to issue certificates of obligation are both necessary and prudent
due to circumstances necessitating the improvements;
WHEREAS, the City Council determines it advisable not to allocate funds to continue
the contract with RecycleRewards in the operating budget for fiscal year 2015-2016; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS;
SECTION 1. The City Council approves terminating the agreement with RecycleRewards,
effective September 30, 2015, by a non-allocation of funds in the Operating Budget for fiscal year
2015-2016, by operation of law pursuant to paragraph 16.E. of the parties' agreement, which
reads as follows:
"By operation of Texas law, in the event that Municipality does not include
payment of this contractual Agreement in any annual budget. Both parties
recognize that the continuation of any contract after the close of any fiscal year of
the City, which fiscal year ends on July 31 annually, is subject to future
appropriations and budget approval providing for such contract item as an
expenditure in that budget. The City does not represent that the budget item will
be actually adopted, that determination being within the sole discretion of the City
Council at the time of adoption of each annual budget[;]"
0301 '13
INDEXED
and further finds that the termination of the agreement and issuance of certificates of obligation to
fund required solid waste capital improvements are both necessary and prudent due to circum-
stances necessitating the improvements in FY2015-2016.
SECTION 2. Based on the foregoing, the City Council determines it will not allocate funds to
continue the contract with RecycleRewards in the Operating Budget for FY2015-2016.
SECTION 3. The City Council directs that the substance of this ordinance be incorporated with
the adopted Operating Budget for FY2015-2016.
SECTION 4. It is hereby declared to be the intention of the City Council that the sections, para-
graphs, sentences, clauses and phrases of this ordinance are severable and, if any section, para-
graph, sentence, clause, or phrase in this ordinance is declared unconstitutional or invalid by final
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
The.fppr going or 'Hance was read for the first time and passed to its second reading on this the
(9\L Lf-1 of , 20 15 by the following vote:
Nelda Martinez ____*— Brian Rosas L
Rudy Garza If Lucy Rubio L,
�. 0 I ,
Chad Magill : Mark Scott A.
Colleen McIntyre Carolyn Vaughn _ / ;
Lillian Riojas —011 -
The oregoing ordinance was read for the s Gond time and passed finally on this the
qday ofd+Ir( . , 20 by the following vote:
Nelda Martinez AAI/Yd Brian Rosas /L..:
Rudy Garza /' Lucy Rubio t1
I
Chad Magill I (j ..,_
.�l Mark Scott
Colleen McIntyre / Carolyn Vaughn _____Ci9i-d--
Lillian Riojas I A ,
0
PASSED AND APPROVED on this the I day of'1Y�C C.f_
�o-' , 20 iS
ATTEST:
1
2-12-LX---"-- 141-1d1-4-h`
Rebecca Huerta Nelda Martinez
City Secretary Mayor
030443