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

Ordinance 2019-07: Dedication of Water Plant Drive

ORDINANCE NO. 2019-07

AN ORDINANCE RATIFFYING THE ACCEPTANCE OF THE DEDICATION OF WATER PLANT DRIVE AS A PUBLIC STREET AND ALL UTILITY EASEMENTS ASSOCIATED WITH THIS STREET, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, Water Plant Drive was conveyed to the Village of Antwerp and dedicated to the Village of Antwerp as a public street and the Village of Antwerp accepted this dedication; and

 

WHEREAS, the Council of the Village of Antwerp desires to ratify the acceptance of the dedication of Water Plant Drive as a public street and all utility easements associated with this street.

 

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

 

Section 1.  The Village of Antwerp, Ohio, accepted the dedication of Water Plant Drive as a public street and acknowledges that Water Plant Drive has been a public street for all intents and purposes since such dedication.  The Council previously accepted such dedication by common law established by the public use and by the act of the Village authorities in maintaining and improving Water Plant Drive.  The Council hereby ratifies such acceptance in accordance with Ohio Revised Code § 723.03, and acknowledges the acceptance of Water Plant Drive as a public street and all utility easements associated with Water Plant Drive.

 

Section 2.  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.

 

Section 3.  This Ordinance is deemed an emergency measure necessary for the preservation of the public health, safety and welfare and for the further reason to ratify the acceptance of the dedication of Water Plant Drive as a public street within the Village of Antwerp, and this Ordinance shall take effect and be in force immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Passed: __________________, 2019

 

 

____________________________________

Ray DeLong, Mayor

Attest:

 

________________________________

Aimee Lichty, Fiscal Officer

Resolution 2019-02: Necessity To Levy Fire Truck Tax

COUNCIL OF THE VILLAGE OF ANTWERP

PAULDING COUNTY, OHIO

RESOLUTION NO. 2019-02

A RESOLUTION OF NECESSITY TO LEVY 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 A 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 amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village of Antwerp, Paulding County, Ohio (“Village”); and,

 

WHEREAS, it is necessary to levy a tax in excess of the ten-mill limitation; and,

 

WHEREAS, the levy would be for the purpose of providing and maintaining fire apparatus, appliances, and equipment including a pumper/tanker fire engine and fire gear for firefighting personnel, said purpose being authorized by R.C. § 5705.19(I); and,

 

WHEREAS, a resolution declaring the necessity of levying a tax that is a renewal of an existing levy, pursuant to R.C. § 5705.19(I), outside the ten-mill limitation must be approved and certified to the Paulding County Auditor (“Auditor”) in order to permit the Council to consider the levy of such a tax and must request that the Auditor certify to the Council the total current tax valuation of the Village, and the number of mills required to generate a specified amount of revenue, or the dollar amount of revenue that would be generated by a specified number of mills.

 

 

 

RESOLUTION

 

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

 

1.                  The amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village.

 

2.                  It is necessary to levy a tax in excess of the ten-mill limitation.

 

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

 

a.                   The purpose of the tax is as follows:  To provide and maintain fire apparatus, appliances, and equipment including a pumper/tanker fire engine and fire gear for firefighting personnel in the Village.

 

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:

 

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; and

 

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

 

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

 

4.                  Pursuant to R.C. § 5705.03(B)(l), the Fiscal Officer is hereby directed to certify a copy of this Resolution to the Auditor. The Council hereby requests that the Auditor certify to this Council the following:

 

a.                   The total current tax valuation of the Village; and

 

b.                  The number of mills required to generate the following amount of revenue; or,

 

$________________________

 

c.                   The dollar amount of revenue that would be generated by the levy of the following mills: 2.63 mills.

 

5.                  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.

 

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

 

______________________________ seconded the motion.

 

Voted on and signed this ____ day of ___________, 2019, 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. 2019‑02 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 2019-01: Necessity to Levy Current Existing Tax

COUNCIL OF THE VILLAGE OF ANTWERP

PAULDING COUNTY, OHIO

RESOLUTION NO. 2019-01

A RESOLUTION OF NECESSITY TO LEVY A TAX THAT IS A RENEWAL

OF AN EXISTING LEVY IN EXCESS OF THE TEN-MILL LIMITATION

FOR THE PURPOSE OF CURRENT 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 amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village of Antwerp, Paulding County, Ohio (“Village”); and,

 

WHEREAS, it is necessary to levy a tax in excess of the ten-mill limitation; and,

 

WHEREAS, the levy would be for the purpose of current expenses, including street lighting expenses, said purpose being authorized by R.C. § 5705.19(A); and,

 

WHEREAS, a resolution declaring the necessity of levying a tax that is a renewal of an existing levy, pursuant to R.C. § 5705.19(A), outside the ten-mill limitation must be approved and certified to the Paulding County Auditor (“Auditor”) in order to permit the Council to consider the levy of such a tax and must request that the Auditor certify to the Council the total current tax valuation of the Village, and the number of mills required to generate a specified amount of revenue, or the dollar amount of revenue that would be generated by a specified number of mills.

 

RESOLUTION

 

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

 

1.                  The amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village.

 

2.                  It is necessary to levy a tax in excess of the ten-mill limitation.

 

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

 

a.                   The purpose of the tax is as follows:  To provide for current expenses, including street lighting expenses in the Village.

 

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:

 

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; and

 

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

 

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

 

4.                  Pursuant to R.C. § 5705.03(B)(l), the Fiscal Officer is hereby directed to certify a copy of this Resolution to the Auditor. The Council hereby requests that the Auditor certify to this Council the following:

 

a.                   The total current tax valuation of the Village; and

 

b.                  The number of mills required to generate the following amount of revenue; or,

 

$_____________________

 

c.                   The dollar amount of revenue that would be generated by the levy of the following mills: one-mill.

 

5.                  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.

 

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

 

______________________________ seconded the motion.

 

Voted on and signed this ____ day of ___________, 2019, 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. 2019‑01 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 2019-04: Antwerp PD With PC Sheriff Marcs Radios

RESOLUTION NO. 2019-04

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE VILLAGE OF ANTWERP AND THE PAULDING COUNTY SHERIFF’S OFFICE FOR THE USE OF GRANT FUNDS TO PURCHASE MARCS PORTABLE AND MOBILE RADIO UNITS TO BE UTILIZED BY VARIOUS AGENCIES IN PAULDING COUNTY, INCLUDING THE VILLAGE OF ANTWERP POLICE DEPARTMENT, AND DECLARING AN EMERGENCY

 

WHEREAS, the Paulding County Sheriff’s Office has been awarded grant funds from the Home Land Security to purchase MARCS portable and mobile radio units that may be utilized by various agencies in Paulding County, including the Village of Antwerp Police Department; and

 

WHEREAS, the Paulding County Sheriff’s Office agrees to provide the Village of Antwerp with six (6) portable radios and three (3) mobile radios to be utilized by the Village Police Department.  These radio units will be owned by the Paulding County Sheriff’s Office for ten (10) years and thereafter ownership shall be transferred to the Village of Antwerp consistent with the terms of the grant; and

 

WHEREAS, this Council now wishes to approve the acceptance of these radio units with the understanding that the Village agrees to provide all maintenance for the radio units received and shall pay the monthly user fee to MARCS, and the Council wishes to authorize the execution of any necessary documents, including a Memorandum of Understanding (“MOU”) with the Paulding County Sheriff’s Office to this effect.

 

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

 

Section 1. This Council formally approves the acceptance of the six (6) portable radios and three (3) mobile radios to be utilized by the Village of Antwerp Police Department in accordance with the grant awarded to the Paulding County Sheriff’s Office.

 

Section 2. This Council further authorizes and directs the Mayor of the Village to execute any documents necessary, including a Memorandum of Understanding with the Paulding County Sheriff’s Office, in substantially the same form as set forth in Exhibit A, attached hereto and incorporated herein by reference, to effectuate the acceptance of these radio units with the condition that ownership will transfer to the Village in ten (10) years and, in addition, the Village will provide all maintenance for the radio units received and pay the monthly user fee to MARCS.

 

 

Section 3. It is hereby found and determined that all formal actions of this Council concerning or relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and 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 4.  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 needs to receive the radio units from the Paulding County Sheriff’s Office in order to participate in the county-wide dispatch system, 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.

 

Passed this ____ day of March, 2019.

 

_____________________________________

Ray DeLong, Mayor

 

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer