#05-09

PASSED 3/9/2009

COMMITTEE REVIEW:	ANNEXATION & BUSINESS & LAND COMMITTEE
INTRODUCED BY:	COUNCILMEMBER FRASHER
INTRODUCED ON:	MARCH 9, 2009
DATE OF FIRST READING:	MARCH 9, 2009
DATE OF SECOND READING:
DATE OF THIRD READING:
EMERGENCY CLAUSE:	YES/NO
TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:	YES/NO

AN ORDINANCE RATIFYING THE TERMS AND CONDITIONS OF FOUR EASEMENTS FOR SANITARY SEWER LINES IN THE MUNICIPALITY OF SEBRING, OHIO; AND DECLARING AN EMERGENCY

WHEREAS, the Municipality of Sebring, Ohio is in the process of conducting improvements to its sanitary sewer lines; and

WHEREAS, after researching title to the existing sanitary sewer line it was determined that no recorded easements exist over privately owned parcels of land upon which the current sanitary sewer line runs; and

WHEREAS, in order to properly obtain the award of grant from the State of Ohio, the Municipality of Sebring was required to submit evidence of fee ownership or easement privileges in order to lay and maintain a sanitary sewer line over privately titled property; and

WHEREAS, the Village Manager secured four easements attached hereto as Exhibits “A”, “B”, “C”, and “D” and Council desires to ratify the terms and conditions of the easement agreements.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF SEBRING, MAHONING COUNTY, OHIO, AS FOLLOWS:

Section 1.        That the Easement Agreements and letters of terms attached hereto as Exhibits “A”, “B”, “C” and “D” are hereby ratified and approved by Sebring Council.  In addition, the negotiated purchase price reported by the Municipal Manager is hereby also ratified and authorized by the Municipal Council, as follows:  Seidel:  $3,000.00;  Risbeck, Trustee:  $1,000.00;  Mort:  $2,000.00; and Augustein:  $1,000.00.

Section 2.        That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

Section 3.        That this Ordinance is hereby determined to be an EMERGENCY MEASURE, necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Village of Sebring, Ohio and for the further reason that the easements are required to permit the Municipality to secure the grant funding for the sanitary sewer project.

           

	_____________________________ JOHN W. SMITH Mayor/President of Council
ATTEST:	APPROVED AS TO LEGAL FORM:
_________________________ Malea G. Sanor Clerk of Council	_________________________ Andrew L. Zumbar Assistant Solicitor