ORDINANCE NO. 2015-36
AN ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE
VILLAGE OF ANTWERP, OHIO, AND PARAGON TEMPERED GLASS, LLC
FOR THE SUPPLY AND PURCHASE OF WATER AND PROVISION OF
SEWER SERVICE, AND DECLARING THE SAME AN EMERGENCY
WHEREAS, the Village of Antwerp, Ohio, has previously supplied water to Paragon Tempered Glass, LLC and treated sewage discharge from its facility; and
WHEREAS, it is desirable for the Village to have an agreement with Paragon Tempered Glass, LLC for the sale and purchase of water and treatment of sewage discharge from its facility by the Village of Antwerp, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio, as follows:
Section 1. The Village of Antwerp, Ohio (the “Village”), is hereby authorized to enter into an agreement for furnishing water and receiving sewage for treatment with Paragon Tempered Glass, LLC pursuant to the following rates and terms:
FOR CALENDAR YEARS 2016:
A. Paragon Tempered Glass, LLC shall pay the Village a monthly charge for the transportation and treatment of water delivered from the Village to Paragon Tempered Glass, LLC. The monthly charge for water so delivered to Paragon Tempered Glass, LLC shall be $2.98 for each 1,000 gallons of water, plus a flat rate of $16.74 per quarter, which shall be paid at the rate of $5.58 per month.
B. Paragon Tempered Glass, LLC shall pay the Village the sum of $1.62 per 1,000 gallons of sewage collected into the Village’s sewer treatment system from Paragon Tempered Glass, LLC’s facility for treatment per month, plus a flat rate of $38.13 per quarter, which shall be billed at the rate of $12.71 per month.
Section 2. That Paragon Tempered Glass, LLC shall install, operate and maintain in accordance with the Village’s regulations all required meters.
Section 3. As additional consideration for the Village supplying water and/or sewer service to Paragon Tempered Glass, LLC, Paragon Tempered Glass, LLC, its subsidiaries, successors and assigns (collectively “Paragon Tempered Glass, LLC”) agree that upon demand by the Village and within ten (10) days of said demand that it will execute the necessary petition to have the property to which the water and/or sewer service is supplied to be annexed into the Village of Antwerp, Ohio, and further shall cooperate with the Village in having said property annexed and further will not resist annexation proceedings to have said property annexed into the corporation limits of the Village of Antwerp, Ohio. Should Paragon Tempered Glass, LLC fail or refuse to execute said annexation petition and/or other documents and things necessary for annexation within the aforesaid ten (10) day period or fail to cooperate with the Village to have said property annexed or resist said annexation, the Village then shall have the right to increase the water and/or sewer rates set forth herein. In this event, the Village may increase the water and/or sewer rates provided herein to the outside corporation limits rates established by the Village Council, which may be determined to be the same rates provided in this Ordinance plus an additional seventy-five percent (75%) of those rates. If the Village increases the water or sewer rate, it must give two (2) months’ advance written notice to Paragon Tempered Glass, LLC to that effect.
Section 4. The agreement by and between the Village of Antwerp, Ohio, and Paragon Tempered Glass, LLC for the supply and purchase of water and provision of sewer service shall be in effect from January 1, 2016, to and including December 31, 2016.
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 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 6. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the welfare, convenience and prosperity of the Village and necessary to allow the supply and purchase of water and provision of sewer services to Paragon Tempered Glass, LLC, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in full force after the earliest period allowed by law.
Passed: ____________________ _______________________________________
Tom Van Vlerah, Mayor
Village of Antwerp
Aimee Lichty, Fiscal Officer
Accepted by Paragon Tempered Glass, LLC:
Date signed: _________________________