#31-07

PASSED 7/9/07

COMMITTEE REVIEW:	SERVICE MAINTENANCE
INTRODUCED BY:	COUNCILMEMBER MERCER
INTRODUCED ON:	JULY 9, 2007
DATE OF FIRST READING:	JULY 9, 2007
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 APPLY FOR, ACCEPT AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND AGREEMENT ON BEHALF OF THE VILLAGE OF SEBRING FOR PLANNING DESIGN AND CONSTRUCTION OF WASTEWATER FACILITIES; DESIGNATING A DEDICATED REPAYMENT SOURCE FOR THE LOAN; 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 intends to apply to the Water Pollution Control Loan Fund (WPCLF) for the planning, design, and construction of the wastewater facilities; and 

WHEREAS the Ohio Water Pollution and Control Loan Fund requires the government authority to pass legislation for application of a loan and the execution of an agreement as well as designating a dedicated repayment source.

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 apply for a WPCLF loan, sign all documents for and enter into a Water Pollution Control Loan Fund with the Ohio Environmental Protection Agency and the Ohio Water Development Authority for planning, design and construction of the wastewater facilities on behalf of the Village of Sebring.

Section 2:        That the dedicated source of repayment will be the sewer system user charges (Fund 706 – Sewer).   

Section 3:        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 4:        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 application.

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