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File #: O-442-25    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 9/23/2025 In control: Public Utilities Department
On agenda: 9/23/2025 Final action: 9/23/2025
Title: Authorizing the Mayor to apply for and enter into a loan agreement with the Ohio Water Development Authority in an amount not to exceed $16,000,000 for the Arlington Ave. Sewer Repair Project; authorizing the acceptance and deposit of loan proceeds not to exceed $16,000,000 in the Sanitary Sewer Replacement Fund; authorizing the appropriation and expenditure of said proceeds for the repair; authorizing the appropriation of $60,000 from the Sanitary Sewer Replacement Fund for the payment of loan administration fees and miscellaneous project costs; authorizing a dedicated source for repayment of said loan and capitalized interest; authorizing the Mayor to enter into contracts for said project in an amount not to exceed $16,000,000; authorizing the Mayor to wave the formal competitive bidding provisions of TMC Chapter 187 for said project; and declaring an emergency.

 

Label

DPU092325ARLINGTONSEWERREPAIR

Utilities Administration

Doug Stephens (x1845)

 

Title

Authorizing the Mayor to apply for and enter into a loan agreement with the Ohio Water Development Authority in an amount not to exceed $16,000,000 for the Arlington Ave. Sewer Repair Project; authorizing the acceptance and deposit of loan proceeds not to exceed $16,000,000 in the Sanitary Sewer Replacement Fund; authorizing the appropriation and expenditure of said proceeds for the repair; authorizing the appropriation of $60,000 from the Sanitary Sewer Replacement Fund for the payment of loan administration fees and miscellaneous project costs; authorizing a dedicated source for repayment of said loan and capitalized interest; authorizing the Mayor to enter into contracts for said project in an amount not to exceed $16,000,000; authorizing the Mayor to wave the formal competitive bidding provisions of TMC Chapter 187 for said project; and declaring an emergency. 

 

Body

SUMMARY & BACKGROUND:

The collapsed 48-inch sewer main on Arlington Avenue must be replaced rather than repaired. Crews have been preparing to repair the pipe since July, but after further evaluation it has been determined that the condition of the pipe is beyond repair.

 

 This ordinance authorizes the loan from the Ohio Water Development Authority to fund the Arlington Ave. Repair Project. 

 

Summary

NOW THEREFORE Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1. That the Mayor is authorized to apply for and enter into a loan agreement with the Ohio Water Development Authority in an amount not to exceed $16,000,000 for the Arlington Ave. Sewer Repair Project upon terms and conditions approved by the Directors of Law and Public Utilities.

 

SECTION 2. That the Mayor is authorized to accept and deposit loan proceeds into the Sanitary Sewer Replacement Fund Account Code 673L-35000-4UL2925STDSTD in an amount not to exceed $16,000,000 into for the Arlington Ave. Sewer Repair Project.

 

SECTION 3.  That an amount not to exceed $16,000,000 is appropriated from the unappropriated loan proceeds in the Sanitary Sewer Replacement Fund into Account Code 673L-35000-4UL2925STDSTD and the expenditure of same is authorized for the Arlington Ave. Sewer Repair Project.

 

SECTION 4.                     That an amount not to exceed $60,000 is appropriated from the unappropriated balance of the Sanitary Sewer Replacement Fund into Account Code 6073-35000-4UC2925STDSTD for the Arlington Ave. Sewer Repair Project for loan application fees and miscellaneous project costs and the expenditure of same is authorized.                     

 

SECTION 5.  That the dedicated source of repayment for said loan and capitalized interest shall be the unappropriated balance of the Sanitary Sewer Replacement Fund provided, however, that any loans for this project shall be subordinate to all of the City’s sanitary sewer revenue bonds.

 

SECTION 6.  That the Mayor is authorized to enter into contracts or amended contracts for the Arlington Ave. Sewer Repair Project and the contracts shall contain such terms and conditions subject to approval by the Directors of Law and Public Utilities.

 

SECTION 7.   That this Council finds and determines it is in the best interest of the city to waive formal bidding procedures of TMC 187 and to enter into contracts in an amount not to exceed $16,000,000 for said project including such items as labor and materials necessary to undertake said project for the reason that the current vendor was competitively awarded the original repair contract but the scope has increased.   .

 

                     SECTION 8.  That the Finance Director is authorized to issue their warrant or warrants against the above listed Account Codes in amounts not to exceed those authorized above in payment of the above authorized obligations upon presentation of proper voucher or vouchers.

 

                     SECTION 9.                       That any remaining budget at project closeout is authorized for disappropriation. 

 

                     SECTION 10.  That this Ordinance is declared to be an emergency measure and shall be in force and effect from and after its passage.  The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that this ordinance must be immediately effective in order to pay the contractors for their emergency work and to complete replacement of the sewer main.

 

Vote on emergency clause:  yeas 12, nays 0.

 

Passed:  September 23, 2025, as an emergency measure:  yeas 12, nays 0.

 

Attest:                                          

Julie A. Gibbons                                          Carrie Hartman

Clerk of Council                                          President of Council

 

Approved:                                                               September 23, 2025

Wade Kapszukiewicz

                                                               Mayor