Ordinance 2015-21: Fire Agreement with Carryall Township

ORDINANCE NO. 2015-21

 

AN ORDINANCE AUTHORIZING THE MAYOR AND THE FISCAL OFFICER TO ENTER INTO SECOND AMENDMENT TO THE AGREEMENT WITH CARRYALL TOWNSHIP FOR PROVIDING FIRE PROTECTION SERVICES FOR THE YEARS 2012, 2013, AND 2014 TO EXTEND THE TERM OF SAID AGREEMENT FOR 2015, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Village of Antwerp owns a fire truck and related equipment and has in the past provided fire protection services to outlying areas; and

 

WHEREAS, the Village of Antwerp and Carryall Township have negotiated the terms and conditions of the Village providing fire protection services to Carryall Township for the years 2012, 2013, and 2014, which terms and conditions are set forth in the Agreement attached hereto and incorporated herein by reference; and

 

WHEREAS, the Village and Township agreed to extend the terms and conditions set forth in the Agreement for the first six (6) months of 2015 at a semi-annual fixed charge based on the 2014 annual fixed charge while the parties continued to negotiate terms for 2015, and said Amendment to the Agreement was approved by Ordinance No. 2014-29; and

 

WHEREAS, the Village and Township have negotiated the terms and conditions for the Village to provide fire protection services to Carryall Township for the remainder of 2015 and have agreed to extend the terms and conditions set forth in the Agreement for years 2012, 2013, and 2014 for the second six (6) months of 2015 at the semi-annual fixed charge based on the 2014 annual fixed charge, which will be reflected in a Second Amendment to the Agreeement.

 

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

 

Section 1.  That the Village of Antwerp Fire Department, hereinafter referred to as “the Village”, will provide fire protection services for the second six (6) months of 2015 to that portion of Carryall Township identified in an Agreement to Provide Fire Protection Services (the “Agreement”), the Amendment to the Agreement to Provide Fire Protection Services (the “Amendment”), and the Second Amendment to the Agreement to Provide Fire Protection Services (the “Second Amendment”), which Agreement, Amendment, and Second Amendment are attached hereto and incorporated herein by reference, and the Village shall be compensated by the Township paying a fixed semi-annual charge of $2,644.50.

 

Section 2.  The Village shall submit an invoice to the Township for the semi-annual fixed charge identified in Section 1 above, and any and all charges provided for on the invoice shall be paid by the Township to the Village within thirty (30) days from the date the invoice is received by the Township.

 

Section 3.  All amounts collected as a result of this Ordinance shall be placed into the fund(s) established by the Fiscal Officer as follows: the Fire Fund.

 

Section 4.  That the Mayor and the Fiscal Officer of the Village are authorized to enter into the Second Amendment with Carryall Township to provide fire protection services for the consideration identified herein.

 

Section 5.  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.  This Ordinance shall be retroactive and take effect as to the expiration of the Amendment identified herein and attached hereto.

 

Section 6.  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 7.  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 reason that the Village and Township must agree to the terms and conditions for the Village to provide fire protection services to the Township in anticipation of the Agreement and Amendment expiring, 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: _____________________, 2015.

 

____________________________________

Thomas D. Van Vlerah, Mayor

Village of Antwerp

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

Village of Antwerp

 

 

 

 

 

 

 

Second Amendment to Agreement to Provide

Fire Protection Services

 

 

THIS SECOND AMENDMENT to Agreement to Provide Fire Protection Services between the Village of Antwerp, County of Paulding, Ohio (the “Village”), and the Township of Carryall, County of Paulding, Ohio (the “Township”), which Agreement was entered into as of the ____ day of ____________, 2011, and this Second Amendment to the Agreement is made effective as of the 1st day of July, 2015.

 

The Agreement was entered into for the Village to provide fire protection services to the Township for the years 2012, 2013, and 2014, as more specifically described in such Agreement.  The Village and the Township extended the Agreement to include the first six (6) months of 2015 by Amendment to Agreement to Provide Fire Protection Services, said Amendment effective January 1, 2015.  The Village and the Township wish to extend the Agreement to include the second six (6) months of 2015.  The parties agree to amend the Agreement as follows:

 

The Village and the Township hereby agree to extend the Agreement for the Village to provide fire protection services to the Township under the terms and conditions of the Agreement and for the additional period of July 1, 2015, through and including December 31, 2015.  In exchange for providing the fire protection services to the territory described in the Agreement, the Township agrees to compensate the Village a fixed semi-annual charge of $2,644.50.  The Village shall submit an invoice to the Township for the semi-annual fixed charge, and any and all charges provided for on the invoice shall be paid by the Township to the Village within thirty (30) days from the date the invoice is received by the Township.

 

All other terms and conditions of the Agreement shall remain in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ____ day of July, 2015.

 

“VILLAGE”                                                    “Township”

 

VILLAGE OF ANTWERP                                                              TOWNSHIP OF CARRYALL

 

 

By:_________________________                                               By:______________________________

Thomas D. Van Vlerah

Title: Mayor                                                                                         Title:

Date:_______________________                                                Date:____________________________

 

 

By:_________________________                                               By:_____________________________

Aimee Lichty

Title:  Village Fiscal Officer                                                               Title:

Date:_______________________                                                Date:___________________________