City of Newton Falls

ORDINANCE 2010-29

AN ORDINANCE AMENDING ORDINANCE 2009-34 MAKING APPROPRIATIONS FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF NEWTON FALLS, OHIO, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010.

             WHEREAS, It is necessary to amend the yearly appropriations.

 THE COUNCIL OF THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY ORDAINS:

 SECTION I:            “Exhibit A” attached hereto as if fully rewritten herein amends “Exhibit A
 of Ordinance 2009-34, 2010-08, 2010-10, 2010-22 and 2010-25.  Any funds not listed in this exhibit shall remain intact as listed in Ordinance 2009-34.

SECTION II:            The City Director of Finance is hereby authorized to draw warrants on the City treasury for payment of the foregoing appropriations, upon receiving proper certification and vouchers thereof, and no salaries or wages shall be paid except to persons employed by authority of and in accordance with law or ordinances.

 SECTION III:            Any Ordinances or parts of Ordinances in conflict with the context of this Ordinance are hereby repealed.

PASSED IN COUNCIL THIS ________ DAY OF ____________ 2010.

                                                                        ________________________________

                                                                        Mayor, Patrick D. Layshock

 ATTEST: ___________________________________

                 City Clerk

Pertaining to AMP Contract No.  C-9-2009-7503

GORSUCH

City OF Newton Falls, Ohio

ORDINANCE No. 2010-28

TO APPROVE THE EXECUTION OF AN

EFFICIENCY SMART POWER PLANT SCHEDULE

GORSUCH PARTICIPANT WITH AMERICAN MUNICIPAL POWER, INC.

            WHEREAS, the City of Newton Falls, Ohio (”Municipality”) owns and operates an electric utility system for the sale of electric power and associated energy for the benefit of its citizens and taxpayers; and

WHEREAS, American Municipal Power, Inc. (”AMP” and formerly known as AMP-Ohio) is an Ohio nonprofit corporation, organized to own and operate facilities, or to provide otherwise, for the generation, transmission or distribution of electric power and energy, or any combination thereof, and to furnish technical services on a cooperative, nonprofit basis, for the mutual benefit of AMP members (”Members”), such Members, including Municipality, being, as of the date hereof, political subdivisions that operate municipal electric utility systems in Ohio, Kentucky, Michigan, Pennsylvania, Virginia and West Virginia; and

WHEREAS, AMP and Municipality have entered into a Master Services Agreement, AMP Contract No. C-11-2005-4428, pursuant to which AMP provides certain services to Municipality as set forth in various schedules to the Master Services Agreement (the “Schedules”); and

WHEREAS, AMP and Municipality entered into a Power Sales Contract, dated as of January 1, 1988, relating to the Richard H. Gorsuch Generation Station Project (”Gorsuch Project”) under which Municipality has been receiving a share of the power and energy from the Gorsuch Project and has paid for its share of the costs thereof; and

WHEREAS, on April 1, 2009 AMP was served with a Notice of Violation (”NOV”) from the U.S. EPA alleging AMP and the previous owner of the Gorsuch Project had violated the Clean Air Act by performing certain work performed at the Gorsuch Project in 1981 - 1986 (before AMP had an interest in the Gorsuch Project) and again in 1988 - 1991 should have triggered “New Source Review”; and

WHEREAS, similar NOVs were issued to nearly all regional utilities with coal fired generation in the past; and

WHEREAS, with the approval of the Gorsuch Project participating municipalities’ representatives and its Board, AMP has entered into a “Consent Decree” with the U.S. EPA which has been filed with the U.S. District Court for the Southern District of Ohio; and

WHEREAS, the Consent Decree requires, among other things, AMP to implement a energy efficiency program that encompasses the participating Gorsuch Project municipalities that will cost not less than $15 Million and which is expected to provide approximately twice that amount in power and energy cost savings; and

WHEREAS, AMP and the Vermont Energy Investment Corporation (”VEIC”) have negotiated a relationship regarding the implementation of an energy efficiency program for AMP to be known as the Efficiency Smart Power Plant (”ESPP”); and

WHEREAS, in furtherance thereof AMP and VEIC entered into an ESPP agreement (”ESPP Agreement”) for AMP to  pay VEIC to provide a comprehensive set of energy efficiency services (”ESPP Services”) designed to comply with the Consent Decree and lower the total need for higher cost electric generation facilities and/or purchased power and thereby reduce Municipality’s customers’ bills (the “ESPP Services”), to be offered to Gorsuch participants as well as other AMP members contingent upon the attainment of specific subscription levels of AMP member municipalities referred to in the ESPP Agreement as “Critical Mass Participation” ; and

WHEREAS, AMP has provided the Municipality with copies of the Consent Decree and ESPP Agreement.

WHEREAS, AMP and Municipality desire to enter into a Schedule (”ESPP Schedule“), under the MSA, which provides that AMP will obtain and sell to Municipality, and Municipality will agree to take and pay for, a share of the ESPP Services which AMP has contracted to acquire in the ESPP Agreement; and

WHEREAS, as set forth in the ESPP Schedule, AMP’s sale, and Municipality’s purchase, of the ESPP Services is contingent on achieving Critical Mass Participation by the Critical Mass Date (as defined in the ESPP Agreement).

            THE COUNCIL OF THE City OF Newton Falls, state of ohio, hereby ordains:

            SECTION 1:  That the ESPP Schedule between Municipality and AMP, substantially in the form attached hereto or on file with the Clerk, including Appendices thereto, are approved, and the [title of officer, e.g. Mayor, Manager or Director of Public Utilities] of Municipality is hereby authorized to execute and deliver the ESPP Schedule, with such changes as the [title of officer, e.g. Mayor, Manager or Director of Public Utilities] may approve as neither inconsistent with this [Ordinance/Resolution] nor materially detrimental to the Municipality, his or her execution of the ESPP Schedule to be conclusive evidence of such approval.

            SECTION 2.   That the City Manager is hereby authorized to take any action necessary for Municipality to fulfill its obligations under the ESPP Schedule.

            SECTION 3.   That 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 Council and of any committees that resulted in those formal actions were in compliance with all legal requirements including any applicable open meetings requirements. 

            SECTION 4.   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 5.   That this Ordinance shall take effect at the earliest date allowed by law.

PASSED IN COUNCIL THIS __________ DAY OF _________________ 2010.

ORDINANCE 2010-27

AN ORDINANCE AMENDING ORDINANCE 94-14 TO PROVIDE A SECRETARY TO THE LAW DIRECTOR AND CITY PROSECUTOR

WHEREAS, Newton Falls City Council passed Ordinance 94-14 on June 20, 1994 creating the part-time position Part-time Acting City Clerk/Part-time City Manager’s Secretary/Part-time Law Director & Prosecutor’s Secretary; and

WHEREAS, Council has determined that the Law Director & Prosecutor’s Secretary is needed for 20 hours per week to adequately perform the duties of the Law Director and Prosecutor: now therefore

COUNCIL FOR THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY ORDAINS:

SECTION I: The pay scale for the Part-Time Law Director’s & Prosecutor’s Secretary shall remain the same under the non- union pay ordinance and the Law Director and Prosecutor’s Part­Time Secretary shall work and be paid for twenty (20) hours per week as assigned by the Law Director.

PASSED IN COUNCIL THIS                 DAY OF              2010.

Mayor, Patrick D. Layshock

ATTEST:

City Clerk/Clerk of Council

ORDINANCE 2010-26

An Ordinance establishing and authorizing compensation of Interim Law Director and Assistant Prosecutor

WHEREAS, It is necessary to establish and authorize compensation for the Interim Law Director and Assistant Prosecutor; now therefore;

THE COUNCIL OF THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY ORDAINS, that

Section 1:         The Position of Interim Law Director shall be an employee of the City, paid a monthly salary of twelve hundred dollars ($1,200.00) to perform the ordinary duties of the Office of City Law Director, excluding the Prosecution of Criminal Cases in the Newton Falls Municipal Court, which will be performed by the Assistant Prosecutor. Extraordinary legal services provided by the Interim Law Director shall be compensated in the amount of one hundred twenty-five dollars ($125.00) per hour, as approved in advance by City Council, before said services are undertaken. The prior executed agreement with the Interim Law director is hereby amended accordingly and retroactive to the date of Appointment of the Interim Law Director.

Section 2:         The Position of Assistant Prosecutor, shall be an employee of the City, paid a weekly salary of six hundred dollars ($600.00) per week, to perform the required duties of the Prosecutor’s Office. Payment of said services shall be retroactive to the date of Appointment of the Interim Law Director.

Section 3:         The compensation of the Interim Law Director and Assistant Prosecutor shall be paid by funds available and appropriated from the City Treasury.

PASS IN COUNCIL THIS               DAY OF AUGUST, 2010

Mayor Patrick D. Layshock

ATTEST:

City Clerk