#08-09

PASSED 3/9/2009

COMMITTEE REVIEW:	FINANCE COMMITTEE
INTRODUCED BY:	COUNCILMEMBER PINKERTON
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 AUTHORIZING AND DIRECTING THE MUNICIPAL MANAGER TO ENTER INTO A CONTRACT WITH KIRILA CONTRACTORS FOR THE TWENTIETH STREET SANITARY SEWER REPLACEMENT PROJECT CONTINGENT UPON A LOAN AWARD FROM THE OHIO WATER DEVELOPMENT AUTHORITY; AND DECLARING AN EMERGENCY.

WHEREAS the Village of Sebring seeks to upgrade its existing wastewater facilities as mandated by its current NPDES permit; and

WHEREAS the Village of Sebring has applied to the Water Pollution Control Loan Fund (WPCLF) for the planning, design, and construction of the wastewater facilities and can reasonably anticipate a loan award at the March 26, 2009 meeting of the Ohio Water Development Authority; and 

WHEREAS the Village has advertised and opened bids on December 11, 2008 for the construction of the Twentieth Street Sanitary Sewer Replacement Project; and

WHEREAS Kirila Contractors was determined to be the lowest best bidder for the Twentieth Street Sanitary Sewer Replacement Project.

NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE MUNICIPALITY OF SEBRING, MAHONING COUNTY, OHIO:

Section 1:        That the Municipal Manager is hereby authorized and directed to enter into a contract with Kirila Contractors for an amount not to exceed Two Hundred Twelve Thousand Five Hundred Forty Nine Dollars ($212,549.00) for the Twentieth Street Sanitary Sewer Replacement Project contingent upon the Ohio Water Development Authority’s  loan approval at its meeting on March 26, 2009. 

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 Municipality of Sebring, Ohio and for the further reason that the same is necessary to ensure timely completion of the 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