Ordinance 2019-17: Maumee Landing Subdivision Final Plat – Phase 7

ORDINANCE NO. 2019-17

AN ORDINANCE ACCEPTING THE FINAL PLAT OF THE MAUMEE LANDING SUBDIVISION – PHASE 7 (LOT 23) TO THE ADDITION TO THE VILLAGE OF ANTWERP, PAULDING COUNTY, OHIO, PURSUANT TO ORDINANCE NO. 94-17, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Village of Antwerp approved the preliminary plat of the Maumee Landing Subdivision submitted by Olen McMichael, the developer for the Maumee Landing Subdivision.  Said preliminary plat was discussed, approved and accepted by the council at its regular meeting on May 8, 2006; however, the minutes from that meeting failed to reflect council’s action on the preliminary plat.  At the special meeting of the council on July 30, 2008, the council renewed its motion to accept the preliminary plat for the Maumee Landing Subdivision, which motion was passed by a unanimous vote of the council members present.

 

WHEREAS, Olen McMichael has submitted the final plat of the Maumee Landing Subdivision – Phase 7 (Lot 23) to the Village of Antwerp Planning Commission, as well as to the Village of Antwerp Council, as required by Ordinance No. 94-17, the Village Subdivision Ordinance.

 

WHEREAS, the Planning Commission recommended that the final plat for Phase 7 (Lot 23) of the Maumee Landing Subdivision and the infrastructure improvements provided thereon be accepted.

 

WHEREAS, the final plat has been prepared by a licensed land surveyor, and in accordance with the Subdivision Ordinance, Ordinance No. 94-17, action will be taken by the Village Council within thirty (30) days after the submission of the final plat.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio:

 

SECTION 1.  That the recommendation of the Planning Commission as to the final plat of the Maumee Landing Subdivision – Phase 7 (Lot 23) to the addition to the Village of Antwerp, Paulding County, Ohio, described in Exhibit A, which is attached hereto and made a part hereof, is hereby approved, and that the final plat of the Maumee Landing Subdivision – Phase 7 (Lot 23) is hereby accepted.

 

SECTION 2.  That the Village’s engineer shall, upon the written request by the developer herein, inspect the construction of the streets, sewers, water mains, fire hydrants, and other infrastructure improvements identified in the plat and make a determination whether those improvements have been constructed in accordance with the specifications set forth in the approved plat and that such improvements are in good repair, which such findings shall be endorsed on the approved plat, and such endorsement shall constitute an acceptance of the improvements for public use by the Village.

 

SECTION 3.  That all or parts of drives, roads and avenues as shown on the plat and not heretofore dedicated are hereby dedicated to public use as such, and easements shown on the plat are for the construction, operation and maintenance of all public and private utility purposes above and beneath the surface of the ground and, where necessary, are for the construction, operation and maintenance of service connections to all adjacent lots and lands and for storm water drainage, said streets identified by the developer on Exhibit A.

 

SECTION 4.  That none of the lots as proposed on the plat be sold to any third party until all infrastructure improvements, as shown on the attached plat, have been completed and accepted by the Village of Antwerp, Paulding County, Ohio.

 

SECTION 5.  That all requirements for the final plat have been provided as set forth in Ordinance No. 94-17, including, but not limited to, a notarized certification of the owners of the adoption of the plat, the dedication of the streets and other public areas, the approval and the signature of Village officials concerned with the specifications and inspection of utility installations and improvements, and certification by the County Auditor that there are no unpaid taxes on the property involved.

 

SECTION 6.  That the Fiscal Officer for the Village of Antwerp, Ohio, is hereby authorized to record the final plat with the Paulding County Recorder and to obtain the certification of the Paulding County Recorder that the plat has been recorded.  The payment of the recording fees are the responsibility of the developer.

 

SECTION 7.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of section 121.22 of the Ohio Revised Code.

 

SECTION 8.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the final plat for Phase 7 (Lot 23) of the Maumee Landing Subdivision must be approved in order to comply with the Village’s Subdivision Ordinance and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

 

Date: ______________________                              ______________________________________

Ray DeLong, Mayor

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

Ordinance 2019-14: Bus Barn Bids

ORDINANCE NO. 2019-14

 

AN ORDINANCE AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SALE OF REAL PROPERTY OWNED BY THE VILLAGE OF ANTWERP, OHIO PURSUANT TO OHIO REVISED CODE § 721.03, AND DECLARING AN EMERGENCY

 

WHEREAS, the Village of Antwerp, Ohio, owns real estate located at 106 ½ Archer Drive, Antwerp, Ohio, more legally described as Lot 17 PT Block B Antwerp Village, City of Antwerp, Paulding County, Ohio, Parcel #12-03S-002-00, referred to herein as the “Real Estate”; and

 

WHEREAS, the Real Estate is not needed for any municipal purpose and the Council of the Village of Antwerp, Ohio desires to offer said Real Estate for sale in the manner authorized by law; and

 

WHEREAS, this Council, pursuant to Ohio Revised Code § 721.03, desires to sell the Real Estate to the highest bidder, after advertisement once a week for five (5) consecutive weeks in a newspaper of general circulation within the Village of Antwerp, Ohio.

 

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio:

 

Section 1. It is hereby found that the Real Estate identified herein, currently owned by the Village of Antwerp, is not needed for any municipal purpose and that it is in the best interest of the Village that said property be sold.

 

Section 2.  The Village Administrator is hereby authorized to advertise for bids to sell the Real Estate setting a minimum bid requirement of Twenty-Five Thousand Dollars ($25,000.00).

 

Section 3.  The Fiscal Officer of the Village of Antwerp is hereby instructed and directed to cause legal notice to bidders to be published for five (5) consecutive weeks in a newspaper of general circulation within the Village of Antwerp, Ohio.

 

Section 4.  At its next regular meeting following the advertisement for bids as provided by law and public bid opening, this Council may authorize the Mayor to execute a contract for sale by a Quitclaim Deed conveying the Real Estate to the highest bidder responding fully to the advertisement for bids.  This Council may reject any and all bids found to be nonresponsive or otherwise deficient, and readvertise until the Real Estate is sold.

 

Section 5.  It is hereby found and determined that all formal actions of this Council concerning or relating to the passage of this Ordinance were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

 

Section 6.  This Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public health, safety and welfare of the Village and to expedite the bidding process relating to the sale of the Real Estate, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

 

Date _________________                             ________________________________________

Ray Delong, Mayor of the Village of Antwerp

Attest:

 

____________________________

Aimee Lichty, Fiscal Officer

Ordinance 2019-13: Amend Community Church Road Right Of Way

ORDINANCE NO. 2019-13

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A FIRST ADDENDUM TO THE DONATION AGREEMENT BY AND BETWEEN THE ADVISORY BOARD, NORTHWESTERN OHIO DISTRICT CHURCH OF

THE NAZARENE AND THE VILLAGE OF ANTWERP, OHIO; AND

DECLARING THE SAME AN EMERGENCY

WHEREAS, the Village of Antwerp (“Village”) and the Advisory Board, Northwestern Ohio District Church of the Nazarene (“Church”) entered into a Donation Agreement (“Agreement”) by which the Church donated land to the Village, such land being conveyed to the Village by way of a General Warranty Deed recorded on June 7, 2013 (“Deed”), with the restriction that such donation was subject to the land being developed within seven (7) years of the date of the land conveyance; and

 

WHEREAS, the development of the land at issue has not occurred but the parties to the Agreement desire to extend the time by which such development must occur to and including June 7, 2023; and

 

WHEREAS, the Village desires to extend the time contemplated by the Agreement and set forth as a restriction in the Deed for the development of the land; and

 

WHEREAS, the Council of the Village of Antwerp authorizes the Mayor to enter into a First Addendum to the Agreement to allow such restriction requiring the development of the land to be extended to and including June 7, 2023.

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, OHIO:

 

Section 1.  That the Village of Antwerp desires to extend the time contemplated by the Agreement and set forth as a restriction in the Deed for the development of the land at issue, and the Mayor is authorized to enter into a First Addendum to the Agreement to allow such restriction requiring the development of the land to be extended to and including June 7, 2023, which Addendum is attached hereto and incorporated herein by reference.

 

Section 2.  That if any other prior ordinance or resolution is found to be in conflict with this Ordinance, then the provisions of this Ordinance shall prevail.  Further, if any portion of this Ordinance is found to be invalid, only that portion shall be held invalid and the remainder shall be in full force and effect.

 

Section 3.  It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions in Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public health, safety and welfare of the Village and to allow sufficient time to allow the Village to apply for funding in relation to the development of the property at issue, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Passed this ______ day of _____________, 2019.

 

 

________________________________

Ray Delong, Mayor

 

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

Ordinance 2019-11: Amend Park Rules

ORDINANCE NO. 2019-11

AN ORDINANCE AMENDING ORDINANCE NO. 2006-15 REGULATING THE USE OF THE PARKS AND RECREATIONAL FACILITIES WITHIN THE VILLAGE OF ANTWERP, OHIO, SAID PARKS AND RECREATIONAL FACILITIES CONTROLLED BY THE PARK BOARD OF THE VILLAGE OF ANTWERP, OHIO, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Council of the Village of Antwerp, Ohio, passed Ordinance No. 2006-15 regulating the use of the parks and recreational facilities within the Village of Antwerp, Ohio, said parks and recreational facilities controlled by the Park Board of the Village of Antwerp, Ohio, and Ordinance No. 2006-15 was passed as an emergency measure on April 10, 2006;

 

WHEREAS, the Council has been notified of on-going problems at the park, including but not limited to standing on picnic tables, throwing rocks, use of profane language, with these problems resulting in parents being contacted and not allowing children to return without adult supervision;

 

WHEREAS, the Park Board has met to address these problems and made recommendations to Council on amending the rules and regulations to address these problems; and

 

WHEREAS, the Council has determined that Ordinance No. 2006-15 needs amended to amend the park rules and regulations to specifically address the current problems and to implement the recommendations of the Park Board in that regard.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:

 

Section 1.  That Ordinance No. 2006-15 is amended to read as follows:

 

WHEREAS, the Council of the Village of Antwerp has determined that it is necessary to enact rules and regulations restricting the use of the Parks and Recreational Facilities controlled by the Park Board of the Village of Antwerp, Ohio.

 

NOW THEREFORE, be it ordained by the Council of the Village of Antwerp, Paulding County, Ohio:

 

SECTION 1.  That the park located in the Village of Antwerp, Ohio, commonly known as Riverside Veterans Memorial Park located at 302 East River Street, and more particularly described as follows:

 

On the North, by the Maumee River:  On the West by Island Street:  On the South by U.S. Route 24:  On the East .33 acres owned by the State of Ohio,

 

which park will hereinafter be referred to as “Park,” will be regulated as to its use provided herein.

 

SECTION 2.  Hours of closing:  Except by special permission by the Village administrator or the Park Board in writing, no person shall be permitted to remain in the confines of the Park, Park area, or Park buildings after sunset or before sunrise.  This section shall not apply to vehicles used in the maintenance of the Village property nor to Village vehicles operating on such property by the Village employees, nor to vehicles operated on such property with the express written permission of the Village administrator or Park Board, nor to emergency or police vehicles, or persons within the Park during the prohibited hours pursuant to emergency, or police personnel or law enforcement personnel, performing their official duties.

 

SECTION 3.  Littering and dumping:  There shall be no littering or dumping allowed in the Park area.  Picnic and Recreation areas must be clean and orderly after they are used.

 

SECTION 4.  Fires:  No person shall light or maintain any fire in the Park other than in a barbecue brazier or grill or other area designated for such purpose, except upon special permission from the Village administrator, mayor or Park Board.  If special permission is granted, then all fires must be attended at all times and must be extinguished before leaving.

 

SECTION 5.  Animals:  All pets must be on a short leash and must stay in the designated pet area of the Park.  Clean up after the pet is the pet owner’s responsibility.

 

SECTION 6.  Alcohol and Drugs:  All beer, alcohol, and drugs of abuse are prohibited in the Park.  No person shall enter, be in or remain in the Park while under the influence of any alcoholic beverage, narcotic, or dangerous drug.

 

SECTION 7.  Firearms and Explosives:  Firearms, fireworks, or explosives of any kind are prohibited in the Park.  No person, other than a certified peace officer or an on duty security guard, shall bring in the Park, or discharge or shoot, any firearm, air gun, slingshot, or bow and arrow.  No person shall discharge any firework or explosive in the Park unless permitted in writing from the Village administrator, mayor, or Park Board.

 

SECTION 8.  Children under twelve years old:  No parent or guardian, or any person having the custody of any child under the age of twelve (12) years of age, shall cause, permit, or allow such child to enter or visit the park unless the child is accompanied by a person of not less than sixteen (16) years of age.

 

SECTION 9.  Playground equipment:  No child over the age of thirteen (13) years of age shall be permitted on the playground equipment.

 

SECTION 10.  Vulgar / profane language:  The use of vulgar or profane language is prohibited in the Park.

 

SECTION 11.  Picnic tables:  No person shall stand on the picnic tables.

 

SECTION 12.  Whoever violates any section of this Ordinance shall be banned from the Park for a period of thirty (30) days.  Whoever commits a second violation of this Ordinance shall be cited for a minor misdemeanor and subject to any penalty allowed by Ohio Basic Code Section 10.99.  Whoever commits a third violation of this Ordinance shall be banned from the Park until the violator reaches the age of eighteen (18) years of age or if the violator is of majority age at the time of committing the third violation of this Ordinance, the person shall be banned from the Park.

 

SECTION 13.  It is found and determined that all formal actions of Council concerning and relating to the passage of this Ordinance were adopted in open meetings of the Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

SECTION 14.  This Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public health, safety and welfare of the Village due to recent damage in the Park, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be enforced after the earliest period allowed by law.

 

Section 2.  It is found and determined that all formal actions of Council concerning and relating to the passage of this Ordinance were adopted in open meetings of the Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

Section 3.  This Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public health, safety and welfare of the Village due to the on-going problems in the Park, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be enforced after the earliest period allowed by law.

 

DATED: _____________________

 

 

_____________________________________

Ray Delong, Mayor

Village of Antwerp

 

Attest:

 

 

_________________________________

Aimee Lichty, Fiscal Officer

 

Resolution 2019-07: Proceed Fire Levy

RESOLUTION NO. 2019-07

A RESOLUTION TO PROCEED WITH SUBMISSION OF THE QUESTION OF LEVYING A TAX THAT IS A RENEWAL OF AN EXISTING LEVY IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, APPLIANCES, AND EQUIPMENT INCLUDING PUMPER/TANKER FIRE ENGINE AND FIRE GEAR FOR FIREFIGHTING PERSONNEL

(R.C. §§ 5705.03, 5705.19(I), 5705.191, 5705.192, and 5705.25)

The Council of the Village of Antwerp, Paulding County, Ohio (“Council”) met in regular session on ____________________, 2019, with the following members present:

Rudie Reeb

Kenneth Reinhart

Dean Rister

Mike Rohrs

Keith West

Jan Reeb

 

_________________________________ moved the adoption of the following Resolution:

 

PREAMBLE

 

WHEREAS, the Council, approved the following resolution declaring the necessity to levy a tax in excess of the ten-mill limitation:

 

Resolution No:             2019-02

 

Date Approved:           April 15, 2019

 

and,

 

WHEREAS, the Paulding County Auditor (“Auditor”) has certified the following information to the Council:

 

1.                  The total current tax valuation of the Village is as follows:

 

$20,360,700

 

 

2.                  The number of mills required to generate a specified amount of revenue is, or:

 

•           Specified amount of revenue:  $__________________

•           Required number of mills:       _________________

 

3.                  The dollar amount of revenue that would be generated by a specified number of mills is:

 

•           Specified number of mills:      two and sixty-three hundredths (2.63) mills

 

•           Dollar amount of revenue generated:  $51,968

 

•           This rate amounts to the following for each one hundred dollars of tax valuation:  twenty six and three tenth cents ($0.263)

 

 

RESOLUTION

 

NOW THEREFORE, BE IT RESOLVED, by the Council, at least two-thirds (2/3) of all of the members of the Council concurring, as follows:

 

1.                  The Council shall proceed with the submission of the question of the tax to electors.

 

2.                  The rate of the tax levy, expressed in mills for each one dollar in tax valuation as estimated by the Auditor, is as follows:

 

a.                   Two and Sixty-Three Hundredths Mills;

 

b.                  This rate amounts to the following for each one hundred dollars of tax valuation:  twenty six and three tenth cents ($0.263)

 

c.                   If the levy is a renewal levy or a replacement levy, this rate:

 

X       is the same rate as the existing tax levy.

 

______            is not the same rate as the existing tax levy and is either:

 

______            a reduction, the extent of the reduction being: ____ mill(s)

 

______            an increase, the extent of the increase being: _____ mill(s)

 

3.                  Pursuant to R.C. § 5705.03(B)(l):

 

a.                   The purpose of the tax is as follows:

 

Provide and maintain fire apparatus, appliances, and equipment including pumper/tanker fire engine and fire gear for firefighting personnel.

 

b.                  The type of levy is as follows:

 

________        additional levy

 

X                renewal levy:   ___      increase           ___      decrease

 

________        replacement levy:        ___      increase           ___  decrease

 

c.                   The sections of the Revised Code  authorizing  submission  of the  question of the tax are R.C. §§ 5705.03, 5705.191, and 5705.25 and the following:

 

§ 5705.19(I)

 

d.                  The term of the tax is as follows (in years or continuing):

 

5 years

 

e.                   The territory where the tax is to be levied is as follows:

 

X                Upon the entire territory of the Village

 

_____  If authorized by the Revised Code, the following described portion of the territory of the Village:

 

f.                   The date of the election at which the question of the tax shall appear on the ballot is as follows (“Election”);

 

November 5, 2019

 

g.                   The territory where the ballot measure is to be submitted is as follows:

 

X      Upon the entire territory of the Village

 

_____  If authorized by the Revised Code, the following described portion of the territory of the Village:

_______________________________________

 

h.                  The tax will be first levied and collected as follows:

 

The tax year in which the tax will first be levied is 2020

 

The calendar year in which the tax will first be collected is 2021

 

1.      The Village has territory in Paulding County and each of the following listed counties:  None other than Paulding County.

 

4.                  The Fiscal Officer is hereby directed to certify the levy to the Auditor AND the Board of Elections, Paulding County, Ohio (“BOE”). Certification shall include copies of ALL of the following documents:

 

a.                   Resolution of Necessity (Resolution No. 2019-02 adopted on April 15, 2019); and,

 

b.                  Certification of the Auditor; and,

 

c.                   Resolution to Proceed (This Resolution).

 

Certification shall occur by no later than 4:00 PM on August 7, 2019 (90 days prior to the Election)

 

The Fiscal Officer shall also notify the BOE to cause notice of the Election on the question of levying the tax to be given as required by law.

 

5.                  The BOE is hereby directed to submit substantially the following question to the electors at the Election:

 

OFFICIAL QUESTIONS AND ISSUES BALLOT

NOVEMBER 5, 2019

 

PROPOSED TAX LEVY (RENEWAL)

ANTWERP VILLAGE

 

A majority affirmative vote is necessary for passage
A renewal of a tax for the benefit of Antwerp Village for the purpose of providing and maintaining fire apparatus, appliances, and equipment including pumper/tanker fire engine and fire gear at a rate not exceeding 2.63 mills for each one dollar of valuation, which amounts to $0.263 for each one hundred dollars of valuation, for 5 years, commencing in 2020 first due in calendar year 2021.

FOR THE TAX LEVY

AGAINST THE TAX LEVY
6.                  All formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of the Council, and all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C. § 121.22.

 

7.                  This Resolution shall be in full force and effect immediately upon adoption.

 

______________________________ seconded the motion.

 

Voted on and signed this ____________________, 2019, in the Village of Antwerp, Paulding County, Ohio.

 

________________________________________________

RAY DELONG, Mayor of the Village of Antwerp

 

ATTEST:

 

 

________________________________

AIMEE LICHTY, Fiscal Officer

 

 

First Reading: _____________________

 

Second Reading: ____________________

 

Third Reading: ______________________

 

 

 

 

 

State of Ohio

Paulding County

 

I, the undersigned Fiscal Officer of the Village of Antwerp, Paulding County, Ohio, hereby certify that the foregoing Resolution No. 2019-_____ is taken and copied from the record of proceedings of the Council of the Village of Antwerp, Paulding County, Ohio, and that it has been compared by me with the resolution on the record and is a true and accurate copy. Further, I certify that the adoption of such resolution occurred in an open meeting held in compliance with R.C. § 121.22.

 

Date: _________________

 

_______________________________________

Aimee Lichty, Fiscal Officer of the Village of Antwerp, Paulding County, Ohio

 

Resolution 2019-06: Proceed Current Exp Levy

RESOLUTION NO. 2019-06

A RESOLUTION TO PROCEED WITH SUBMISSION OF THE QUESTION OF LEVYING A TAX THAT IS A RENEWAL OF AN EXISTING LEVY IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSE OF CURRENT EXPENSES, INCLUDING STREET LIGHTING EXPENSES

(R.C. §§ 5705.03, 5705.19(A), 5705.191, 5705.192, and 5705.25)

 

The Council of the Village of Antwerp, Paulding County, Ohio (“Council”) met in regular session on ____________________, 2019, with the following members present:

Rudie Reeb

Kenneth Reinhart

Dean Rister

Mike Rohrs

Keith West

Jan Reeb

 

 

_________________________________ moved the adoption of the following Resolution:

 

PREAMBLE

 

WHEREAS, the Council, approved the following resolution declaring the necessity to levy a tax in excess of the ten-mill limitation:

 

Resolution No:             2019-01

 

Date Approved:           April 15, 2019

 

and,

 

WHEREAS, the Paulding County Auditor (“Auditor”) has certified the following information to the Council:

 

1.                  The total current tax valuation of the Village is as follows:

 

$20,360,700

 

2.                  The number of mills required to generate a specified amount of revenue is, or:

 

•           Specified amount of revenue:  $__________________

•           Required number of mills:       _________________

 

3.                  The dollar amount of revenue that would be generated by a specified number of mills is:

 

•           Specified number of mills:      one and zero tenths (1.00) mill

 

•           Dollar amount of revenue generated:  $18,835

 

•           This rate amounts to the following for each one hundred dollars of tax valuation:  ten cents ($0.10)

 

 

RESOLUTION

 

NOW THEREFORE, BE IT RESOLVED, by the Council, at least two-thirds (2/3) of all of the members of the Council concurring, as follows:

 

1.                  The Council shall proceed with the submission of the question of the tax to electors.

 

2.                  The rate of the tax levy, expressed in mills for each one dollar in tax valuation as estimated by the Auditor, is as follows:

 

a.                   One-mill;

 

b.                  This rate amounts to the following for each one hundred dollars of tax valuation:  ten cents ($0.10)

 

c.                   If the levy is a renewal levy or a replacement levy, this rate:

 

X       is the same rate as the existing tax levy.

 

______            is not the same rate as the existing tax levy and is either:

 

______            a reduction, the extent of the reduction being: ____ mill(s)

 

______            an increase, the extent of the increase being: _____ mill(s)

 

3.                  Pursuant to R.C. § 5705.03(B)(l):

 

a.                   The purpose of the tax is as follows:

 

Current expenses, including street lighting expenses.

 

b.                  The type of levy is as follows:

 

________        additional levy

 

X                renewal levy:   ___      increase           ___      decrease

 

________        replacement levy:        ___      increase           ___  decrease

 

c.                   The sections of the Revised Code  authorizing  submission  of the  question of the tax are R.C. §§ 5705.03, 5705.191, and 5705.25 and the following:

 

§ 5705.19(A)

 

d.                  The term of the tax is as follows (in years or continuing):         5 years

 

e.                   The territory where the tax is to be levied is as follows:

 

X                Upon the entire territory of the Village

 

_____  If authorized by the Revised Code, the following described portion of the territory of the Village:

 

f.                   The date of the election at which the question of the tax shall appear on the ballot is as follows (“Election”);

 

November 5, 2019

 

g.                   The territory where the ballot measure is to be submitted is as follows:

 

X      Upon the entire territory of the Village

 

_____  If authorized by the Revised Code, the following described portion of the territory of the Village:

_______________________________________

 

h.                  The tax will be first levied and collected as follows:

 

The tax year in which the tax will first be levied is 2020

 

The calendar year in which the tax will first be collected is 2021

 

1.      The Village has territory in Paulding County and each of the following listed counties:  None other than Paulding County.

 

4.                  The Fiscal Officer is hereby directed to certify the levy to the Auditor AND the Board of Elections, Paulding County, Ohio (“BOE”). Certification shall include copies of ALL of the following documents:

 

a.                   Resolution of Necessity (Resolution No. 2019-01 adopted on April 15, 2019); and,

 

b.                  Certification of the Auditor; and,

 

c.                   Resolution to Proceed (This Resolution).

 

Certification shall occur by no later than 4:00 PM on August 7, 2019 (90 days prior to the Election)

 

The Fiscal Officer shall also notify the BOE to cause notice of the Election on the question of levying the tax to be given as required by law.

 

5.                  The BOE is hereby directed to submit substantially the following question to the electors at the Election:

 

OFFICIAL QUESTIONS AND ISSUES BALLOT

NOVEMBER 5, 2019

 

PROPOSED TAX LEVY (RENEWAL)

ANTWERP VILLAGE

 

A majority affirmative vote is necessary for passage
A renewal of a tax for the benefit of Antwerp Village for the purpose of current expenses at a rate not exceeding 1 mill for each one dollar of valuation, which amounts to $0.10 for each one hundred dollars of valuation, for 5 years, commencing in 2020 first due in calendar year 2021.

FOR THE TAX LEVY

AGAINST THE TAX LEVY
6.                  All formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of the Council, and all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C. § 121.22.

 

7.                  This Resolution shall be in full force and effect immediately upon adoption.

 

______________________________ seconded the motion.

 

Voted on and signed this ____________________, 2019, in the Village of Antwerp, Paulding County, Ohio.

 

________________________________________________

RAY DELONG, Mayor of the Village of Antwerp

 

ATTEST:

 

 

________________________________

AIMEE LICHTY, Fiscal Officer

 

 

First Reading: _____________________

 

Second Reading: ____________________

 

Third Reading: ______________________

 

Resolution 2019-08: Award Bid on OPWC Waterline Replacement

RESOLUTION NO. 2019-08

A RESOLUTION ACCEPTING THE LOWEST AND BEST BID FOR THE ANTWERP 2019 OPWC WATERLINE REPLACEMENT PROJECT, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST AND BEST BIDDER, AND DECLARING THE SAME AN EMERGENCY

            WHEREAS, the Village of Antwerp, Ohio (“Village”) is in need of making capital improvements to the S. Main Street and E. Canal Street waterlines; and

 

WHEREAS, the Council of the Village passed Resolution No. 2018-07 authorizing the Mayor of the Village to prepare and submit an application to participate in the Ohio Public Works Commission (OPWC) State Capital Improvement and to execute contracts as required to obtain financial assistance for S. Main Street and E. Canal Street waterline improvements;

 

WHEREAS, OPWC approved the Village’s application and approved funding through OPWC (50% through a loan and 50% through a grant) for the S. Main Street and E. Canal Street waterline improvements as requested by the Village;

 

WHEREAS, the Village advertised for bids on May 15, 2019, in a newspaper of local circulation, and posted the advertisement on the Village’s website on May 9, 2019, for bids to be submitted for the work required to make the necessary improvements; and

 

WHEREAS, the Village received and opened bids on June 4, 2019, at 12:00 p.m., at 503 W. River Road, Antwerp, Ohio 45813; and

 

WHEREAS, Bryan Excavating, LLC, 128 S. Lynn Street, Bryan, OH 43506, submitted the lowest and best bid in the amount of Two Hundred Fifty-One Thousand Seven Hundred Seventy-Four and 00/100 dollars ($251,774.00) Total Bid to perform the work to make the necessary improvements to the S. Main Street and E. Canal Street waterlines; and

 

WHEREAS, the OPWC funding will be released July 1, 2019, and the acceptance of the lowest and best bid must be contingent upon the Village receiving and executing the Ohio Public Works Commission Grant Agreement.

 

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, STATE OF OHIO:

 

Section 1.  The lowest and best bid of Bryan Excavating, LLC, 128 S. Lynn Street, Bryan, OH 43506, was Two Hundred Fifty-One Thousand Seven Hundred Seventy-Four and 00/100 dollars ($251,774.00) Total Bid.

 

Section 2.  The Engineer, Poggemeyer Design Group, Inc., recommends Bryan Excavating, LLC as the lowest and best bidder after reviewing the bid tabulations.

 

Section 3.  The Village Council accepts the bid of Bryan Excavating, LLC as recommended by Poggemeyer Design Group, Inc. contingent upon receiving and executing the Ohio Public Works Commission Grant Agreement.  Upon the fulfillment of this contingency, the Mayor is authorized to enter into a contract, along with any and all necessary documents ancillary to this contract, with Bryan Excavating, LLC in the amount of Two Hundred Fifty-One Thousand Seven Hundred Seventy-Four and 00/100 dollars ($251,774.00) Total Bid, for the improvements to the S. Main Street and E. Canal Street waterlines.

 

Section 4.  In accordance with H.B. 95, the Village, through the findings produced by its engineer Poggemeyer Design Group, Inc., verified that Bryan Excavating, LLC has not been issued a “finding for recovery” by the auditor of the state.  The Mayor is authorized to initial the findings and sign the verification form as part of the project contracts.

 

Section 5.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances, resolutions, and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

Section 6.  This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the Village is in immediate need to make improvements to the S. Main Street and E. Canal Street waterlines, and this Resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Date ________________                               _________________________________________

Ray Delong,

Mayor of the Village of Antwerp

Attest:

 

__________________________

Aimee Lichty, Fiscal Officer

Ordinance 2019-10: Water Transfer

ORDINANCE NO. 2019-10

AN ORDINANCE AUTHORIZING THE VILLAGE FISCAL OFFICER TO

TRANSFER $35,000.00 FROM THE GENERAL FUND TO THE WATER FUND,

 AND DECLARING THE SAME AN EMERGENCY

WHEREAS, the Village Fiscal Officer has determined that it is necessary to transfer certain funds from the General Fund to the Water Fund to provide necessary funding for the operations of the water department, and

 

WHEREAS, the Village Council must approve certain transfers pursuant to Ohio Revised Code Section 5705.14, and

 

WHEREAS, this is a transfer of funds pursuant to Ohio Revised Code Section 5705.14(E), which requires a majority vote of the Village Council to authorize transfers from the General Fund to any other fund of the Village, and

 

WHEREAS, the Village Council elects to approve the transfer of funds from the General Fund to the Water Fund with the understanding that the Village is not required to seek any other approvals as may be required for other transfers of funds under Ohio Revised Code Sections 5705.15 and 5705.16.

 

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio:

 

Section 1.  The Village Fiscal Officer is hereby authorized to transfer the sum of Thirty-Five Thousand Dollars and Zero Cents ($35,000.00) from the General Fund to the Water Fund.

 

Section 2.  The transfer of these funds from the General Fund to the Water Fund is necessary for the operation of the water department of the Village of Antwerp.

 

Section 3.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the Village is in immediate need of funds for the operation of the water department necessary for the well being of the residents and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Date ________________

_____________________________________________

Ray DeLong,

Mayor of the Village of Antwerp

Attest:

 

__________________________

Aimee Lichty, Fiscal Officer

 

Ordinance 2019-09: Repealing Section 4 of Bulk Water Ordinance 2018-17

ORDINANCE NO. 2019-09

AN ORDINANCE REPEALING SECTION 4 OF ORDINANCE NO. 2018-17 INCREASING WATER RATES FOR THE VILLAGE OF ANTWERP, COUNTY OF PAUDLING, OHIO, SECTION 4 SPECIFICALLY ADDRESSING THE SALE OF TREATED BULK WATER, AND DECLARING THE SAME AN EMERGENCY

 

 

WHEREAS, the Council of the Village of Antwerp, Ohio, passed Ordinance No. 2018-17 on December 10, 2018, after three readings, said Ordinance increasing the water rates for the Village of Antwerp, County of Paulding, Ohio; and

 

WHEREAS, Section 4 of Ordinance No. 2018-17 addressed treated bulk water and set the rates for the sale of treated bulk water; and

 

WHEREAS, the Council of the Village of Antwerp, Ohio, has determined it to be in the best interest of the Village to cease selling treated bulk water due to the high cost associated with providing treated bulk water and the repairs necessitated to the village streets due to the bulk haulers traveling on the same.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:

 

Section 1. Section 4 of Ordinance No. 2018-17 reads as follows:

 

Section 4.  Treated bulk water may be purchased at the waterworks facility located in the Village.  The purchaser of treated bulk water must report to the Utility Billing Office quarterly how much water has been drawn from the treated water hydrant.  A metered, back flow protected hydrant, located inside the waterworks facility, will document daily water drawn which will be compared to all water drawn by bulk water haulers.  Each purchaser shall be billed once each year on the first (1st) day of November, and the water bill for the purchase of treated bulk water is due and payable on or before the fifteenth (15th) day of November of that same year.  The purchase price of treated bulk water at the waterworks facility effective January 1, 2019, January 1, 2020, January 1, 2021, January 1, 2022, January 1, 2023, and January 1, 2024, will be as follows:

 

January 1, 2019
$8.00 for each one thousand (1,000) gallons
January 1, 2020
$8.16 for each one thousand (1,000) gallons
January 1, 2021
$8.32 for each one thousand (1,000) gallons
January 1, 2022
$8.49 for each one thousand (1,000) gallons
January 1, 2023
$8.83 for each one thousand (1,000) gallons
January 1, 2024
$9.01 for each one thousand (1,000) gallons
Section 2.  Section 4 of Ordinance No. 2018-17 is hereby repealed.

 

Section 3.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare, and for the further reason to repeal Section 4 of Ordinance No. 2018-17 to cease selling treated bulk water due to the high cost associated with providing the same and repairs necessitated to village streets as a result of bulk haulers traveling on the same, and this Ordinance shall take effect and be in force immediately upon its passage and approval; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

 

Enacted this _____ day of ______________, 2019.

 

 

 

______________________________________

Ray DeLong, Mayor

Attest:

 

 

_______________________________

Aimee Lichty, Fiscal Officer

Ordinance 2019-08: Retain Legal Counsel

ORDINANCE NO. 2019-08

AN ORDINANCE TO RETAIN THE SERVICES OF MELANIE L. FARR

AS SOLICITOR FOR THE VILLAGE OF ANTWERP,

PAULDING COUNTY, OHIO, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Village of Antwerp, Paulding County, Ohio (the “Village”) is authorized by law to retain the services of legal counsel to be known as the Village Solicitor; and

 

WHEREAS, the Council of the Village deems it necessary to retain the services of legal counsel to act as Solicitor for the Village in civil, contract, and criminal matters.

 

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio as follows:

 

Section 1.  Legal counsel shall be provided to act in civil, contract, and criminal matters for the Village, and the person retained as such counsel shall be known as the Solicitor of the Village of Antwerp.

 

Section 2.  The Village will compensate the Solicitor for legal services rendered on behalf of the Village at the rate of One Hundred Thirty Dollars ($130.00) per hour, plus legal support staff used by the Solicitor and out-of-pocket expenses incurred in providing such legal services, including but not limited to postage and photocopying at the rate of No Dollars and Fifteen Cents ($0.15) per page.  This Ordinance to retain the legal services of a Solicitor shall be in force and effect for a period not exceeding two (2) years.

 

Section 3.  Melanie L. Farr, an attorney at law, is licensed to practice law in the State of Ohio, and is hereby appointed as Solicitor for the Village of Antwerp, Paulding County, Ohio.

 

Section 4.  This Ordinance shall take effect as of the expiration of the prior Ordinance retaining the services of such counsel as the Solicitor of the Village of Antwerp, also known as Ordinance No. 2017-15.

 

Section 5.  It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of § 121.22 of the Ohio Revised Code.

 

Section 6.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare, and for the further reason that the Village needs to be represented by legal counsel.  This Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Passed this ______ day of _____________, 2019.

 

____________________________________

Ray Delong, Mayor

Village of Antwerp, Ohio

Attest:

 

___________________________

Aimee Lichty, Fiscal Officer