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