Resolution 2022-06: Consenting To Waiver Of Conflict Of Interest

RESOLUTION NO. 2022-06

A RESOLUTION CONSENTING TO THE WAIVER OF POTENTIAL CONFLICT OF INTEREST AND AUTHORIZING THE MAYOR TO ENTER INTO A WAIVER OF THE POTENTIAL CONFLICT OF INTEREST BY AND BETWEEN THE VILLAGE OF ANTWERP, OHIO, AND NATIONAL OIL & GAS, INC. IN REGARD TO THE 102 RIVER STREET TRANSACTION, AND DECLARING THE SAME AN EMERGENCY

WHEREAS, Slattery Oil Company as the seller and National Oil & Gas, Inc. as the buyer of the property located at 102 River Street have identified potential issues with their private business transaction that may require certain permission and/or assistance by the Village of Antwerp, Ohio; and

WHEREAS, as to these potential issues, the seller has contacted the Village Administrator regarding encroachments of the sign and canopy on this property in the public right-of way and as to an error in the legal description used in a grant of easement for the waterline that exists on the subject property; and

WHEREAS, the buyer is represented by Jeffrey B. Harding in this private business transaction, an attorney at HallerColvin PC, the same law firm as Melanie L. Farr, the Village Solicitor; and

WHEREAS, the potential conflict of interest has been disclosed to the Village Council and the buyer, and as set forth more specifically in the written Waiver of Potential Conflict of Interest presented to both parties, which is attached hereto and incorporated herein by reference; and

WHEREAS, this Council now wishes to consent to the waiver of the potential conflict of interest, and the Council wishes to authorize the execution of the Waiver of Potential Conflict of Interest to this effect.

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

Section 1. This Council waives the potential conflict of interest of Melanie L. Farr representing the Village and Jeffrey B. Harding representing National Oil & Gas, Inc., both attorneys in the law firm of HallerColvin PC, in regard to potential issues that may require the Village’s permission and/or assistance as to the purchase and sale of 102 River Street located in the Village.

Section 2. This Council further authorizes and directs the Mayor of the Village to execute the Waiver of Potential Conflict of Interest, in substantially the same form as set forth in Exhibit A, attached hereto and incorporated herein by reference.

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 wishes to assist, as necessary, with the closing of the sale and purchase of a business located in the Village and to allow its legal counsel to represent the Village in said matter, 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 _________, 2022.

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Jan Reeb, Mayor

Attest:

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Aimee Lichty, Fiscal Officer