An ordinance approving & authorizing Brown County Landfill energy schedule with American Municipal Power
- Published: May 5, 2016
An ordinance approving & authorizing
Brown County Landfill energy schedule
with American Municipal Power
ORDINANCE NO. 2016-09, Village of Yellow Springs, Ohio
Interested persons will take note that the Village Council of Yellow Springs on Monday, May 2, 2016, gave first reading to an ordinance, text to follow.
Council gave a second reading and passed into law during a public hearing on Monday, May 16, 2016, in the Bryan Community Center, 100 Dayton St.
WHEREAS, the Village of Yellow Springs, Ohio, (“Municipality”) owns and operates an electric utility system for the sale of electric capacity and associated energy for the benefit of its citizens and taxpayers, and;
WHEREAS, in order to satisfy the electric capacity and energy requirements of its electric utility system, Municipality has heretofore purchased, or desires to purchase in the future, economical, reliable and environmentally sound capacity and energy and related services from, or arranged by, American Municipal Power, Inc. (“AMP”), of which Municipality is a member, and;
WHEREAS, Municipality, acting individually and through AMP with other political subdivisions of this and other states that own and operate electric utility systems, jointly, endeavors to arrange for reliable, environmentally sound and reasonably priced supplies of electric capacity and energy and related services for ultimate delivery to its customers, and;
WHEREAS, Municipality has previously entered into a Master Services Agreement with AMP, which sets forth the general terms and conditions for the provision of power supply and other services by AMP to the Municipality, and;
WHEREAS, AMP and Bio Energy (Ohio III), LLC (“EDI”), have entered into an agreement (the “EDI Landfill Energy Agreement”) under the terms of which AMP is to purchase and EDI is to supply and sell up to 4 MW of capacity and associated energy from landfill energy systems at Landfill Facilities in Georgetown, Ohio for a period of fifteen (15) years, and;
WHEREAS, it is necessary and desirable for Municipality to enter into the Brown County Landfill Energy Schedule to Municipality’s Master Services Agreement with AMP to provide for an additional source of capacity and energy, and;
WHEREAS, AMP has provided and will continue to provide appropriate personnel and information regarding the EDI Landfill Energy Agreement to the Municipality, as such officers and representatives of the Municipality deem necessary or appropriate, to enable the Municipality to evaluate the benefits and risks of the EDI Landfill Energy Agreement, to take actions contemplated by the resolution hereinafter set forth and to determine that the same are in the public interest, and:
WHEREAS, after due consideration, the Municipality has determined it is reasonable and in its best interests to proceed as authorized herein below and requests and authorizes AMP to acquire capacity and energy from EDI upon those terms and conditions set forth in the EDI Landfill Energy Agreement, attached as Exhibit A.
NOW, THEREFORE, BE IT Ordained BY COUNCIL FOR THE Village OF Yellow springs, Ohio that:
Section 1.The Brown County Landfill Energy Schedule between Municipality and AMP, substantially in the form attached hereto as Exhibit A is approved, and the Village Manager of Municipality is hereby authorized to execute and deliver the Brown County Landfill Energy Schedule with such changes as the Village Manager may approve as neither inconsistent with this ordinance nor materially detrimental to the Municipality, her execution of the Brown County Landfill Energy Schedule to be conclusive evidence of such approval.
Section 2.The Village Manager is hereby authorized to (i) acquire under the Brown County Landfill Energy Schedule, authorized above, a Contract Amount as defined in that Schedule of up to 440 kW without bid, and (ii) make any determinations and approvals required thereunder, if any, as she shall deem necessary and advisable.
Section 3.If any section, subsection, paragraph, clause or provision or any part thereof of this Ordinance shall be finally adjudicated by a court of competent jurisdiction to be invalid, the remainder of this Ordinance shall be unaffected by such adjudication and all the remaining provisions of this Ordinance shall remain in full force and effect as though such section, subsection, paragraph, clause or provision or any part thereof so adjudicated to be invalid had not, to the extent of such invalidity, been included herein.
Section 4.This Ordinance shall take effect at the earliest date allowed by law.
Section 5.Any competitive bidding requirement that may be associated with this purchase is hereby waived.
Section 6.It is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in conformance with applicable open meetings laws and that all deliberations of this Ordinance and of any committees that resulted in those formal actions were in compliance with all legal requirements including any applicable open meetings requirements.
Karen Wintrow, President