Agenda item

Proposed Development of a Regional Materials Recycling Facility with Partnering Authorities

Report of the Deputy Chief Executive (Place)

 

(Listing Officer: L Shannon, Tel: 024 7697 2007)

Minutes:

Further to Minute 23 above, the Cabinet considered a private report of the Deputy Chief Executive (Place), setting out the commercially confidential matters relating to the proposed development of a regional materials recycling facility with partnering authorities.

 

RESOLVED that the Cabinet:

 

1)  Authorises entering into the Joint Working Agreement (2) between the Council and the Partner Councils in order to facilitate the delivery of the Materials Recycling Facility.

 

2)  Delegates authority to the Deputy Chief Executive (Place), following consultation with the Cabinet Member for City Services, to finalise the terms and make such variations as is deemed necessary to the terms of the Joint Working Agreement (2) with the Partner Councils.

 

3)  Approves the Council entering into a lease to AssetCo and to grant delegated authority to the Deputy Chief Executive (Place), in consultation with the City Solicitor, to negotiate and finalise the terms of the lease in order to facilitate the building and the operation of the Materials Recycling Facility Building. 

 

4)  Following the completion of the Business Case and Joint Working Agreement (2) by all the Partner Councils, approve the commencement of a competitive procurement process on behalf of the Partner Councils as Lead Authority for an estimated contract value in the sum now indicated to which the Council will be contributing the sum specified.

 

5)  Delegates authority to the Deputy Chief Executive (Place), following consultation with the Cabinet Member for City services and the Director of Finance and Corporate Services, to award the contract for the sum now indicated once the tender process is complete.

 

6)  Approves the use of its powers under Section 12 of Local Government Act 2003 and Section 1 of the Localism Act 2011 to establish AssetCo between the Council and the Partner Councils and to acquire shares in the AssetCo for the value of the sum now indicated, funded from corporate capital resources.

 

7)  Delegates authority to Approve the Council representation on the AssetCo Board be agreed by the Deputy Chief Executive (Place) and Director of Finance and Corporate Services, following consultation with the Cabinet Member for City services, once the format of the Board is established as part of the final terms of the agreement.

 

8)  Delegates to the Deputy Chief Executive (Place) the submission of a planning application for the development of the Materials Recycling Facility to the Local Planning Authority, subject to the conclusion of the necessary surveys.

 

9)  Delegate authority to the Deputy Chief Executive (Place) to begin public engagement associated with the proposed submission of the planning application and to undertake all necessary work to prepare the site ready for the clearance and full site investigation.

 

10)  The Cabinet recommends that Council:

 

a)  Approve the use of its powers under Section 12 of Local Government Act2003 and Section 1 of the Localism Act 2011 to establish AssetCo between the Council and the Partner Councils and to acquire shares in the AssetCo for the value of up to £277,000.

 

b)  Approve a loan facility to AssetCo on commercial market terms up to the value of the sum now indicated to facilitate the construction and operation of the Materials Recycling Facility.

 

c)  Approve expenditure under Joint Working Arrangement (2) of the sum now indicated in respect of the Council’s share of development costs up to the point of financial close, to be funded from earmarked reserves.

 

d)  Delegate authority to the Deputy Chief Executive Place and the Director of Finance and Corporate Services, following consultation with the City Solicitor and the Cabinet Member for City Services, to finalise and agree the detailed terms of the transaction with AssetCo. The authority under this delegation shall also include:

 

i.  the power to enter into the relevant legal agreements and associated documents necessary to complete the transaction with AssetCo;

ii.  (in relation to the management of the loan facility) the power to negotiate and agree variations to the terms of the loan facility;

iii.  the power for the Council to provide such services as is deemed necessary (e.g. HR and/or Payroll) to AssetCo;

iv.  the power to enter into the Service Level Agreement with AssetCo committing the Councils waste tonnage for 20 years.

 

e)  Approve the addition of the sum now indicated to the Councils approved capital programme for the purposes of delivering the Materials Recycling Facility.