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DRL)lIVl?lVCE NO. qd8 7

AN ORDI NAI'JCE AIIENDI ING ORDI I\IAI\ICE 6-86 SETTING THE COMPENSATION OF

4 THE NELSONVILLE SAFETY SERVICE DIRECTOR, AND DECLARING AN EMERGENCY.

WHEREAS, ORDINANCE 6-86 WAS ENACTED ON FEBRUARY 2 4 , 1986 REVISING THE COMPENSATION FOR THE NELSONVILLE SAFETY DIRECTOR, AND

WHEREkS, NELSONVILLE COUNCIL DESIRES TO kDJUST THE COMPENSATION TO BE PHID THE NELSONVILLE SAFETY SERVICE DIRECTOR FOR HIS SERVICES.

THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NELSONVILLE, STATE OF OHIO:

SECTIOIN I:

That Ordinance 6-86 is hereby amended and that the compensation for-

the Safety Service Director be and it is hereby fixed as follows:

For the first s i x months of service, the Safety Service Director's

compensation is to be computed at the rate of $15,000.00 and for

the second six months of service as Safety Service Director his or

her compensation is fixed at the rate of %15,500.,00 annually; for

the t h ~ r d six months of service the Safety Service Director's

compensation be and i t is hereby fixed at %lh,500.00 annually; for

the next six month period the compensation of the Safety Service

Director be and i t is hereby fixed at $17,000.00 annually; for the

, next six months the compensation for the safety Service Director- lie

and it is hereby fixed at 618,000.00 annually; for the next s i x

months the colnpensation of the Safety Service Director be and i t i s

hereby fixed at Gia,ijiitj.OO anlnually; followiny six months and - f o r

the balance of the period of service of the Safety Service Director

the compensation for the Safety Service Director be and it is

hereby fixed at $17,000.00 annually.

SECTION TI:

The Safety Service Director shall receive additional expenses which

receive the prior approval of the Mayor and travel expenses at the

rate of 20 cents per mile.

SECTION 111:

That the current Safety Service Director Gary Campbell be and h+ 1s

hereby compensated at the rate of $16,500.00 in that he is in his

15 months of service as Safety Service Director of Nelsonville.

That compensation shall increase to $17,000.00 on the 1st day of

July, 1989,, at which time his compensation shall increase to

017,000.00 annually.

SECTION IV:

That the Safety Service Director shall be employed by the City in

Accordance with all applicable laws and regulations of the State of

ORD I NANCE NO. 7 - 2 7 i AS AMENDED)

AN ORDINANCE REPEALING ANY PROVISIONS OF ANY NELSONVILLE CITY ORDINANCE PROHIBITING THE DRILLING OF OIL OR GAS WELLS IN SECTION 1 8 OF YORK TOWNSHP, ATHENS COUNTY, OHIO, WHICH ARE IN CONFLICT WITH CHAPTER 1509 OF THE OHIO REVISED CODE WHICH REGULATES OIL AND

, ~, GAS WELLS, AND DECLARING AN EMERGENCY.

WHEREAS, The State of Ohio Department of Natural Resources, Division of Oil and Gas has both statutory and rule making authority to regulate oil and gas wells in the State of Ohio; and

WHEREAS, certain Nelsonville residents in Section 1 8 of York Township have leased their acreage to an oil aqd gas development company that is regulated by the Division of Oil and Gas of the Ohio Department of Natural Resources; and

bdHEREAS, the oil and gas development company has expressed reservations about undertaking the oil and gas exploration within the Nelsonville City Limits wii;hout Nelsonville City Council recognizing that the State of Ohio Department of Natural Resources regulates oil and gas exploration in the State of Ohio.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NELSONVILLE, STATE OF OHIO:

SECTION I:

That any provisions of any Nelsonville City Ordinances which conflict with the provisions of Chapter 1509 of the Ohio Revised Code wtiich regulate oil and yaswells in Section 1 8 of York

. ~ Township be and they are hereby repealed.

SECTION I I :

1-his measure is oeclared to b e an emerqerxy measure nccrsst~ry rot.. the immediate preservation of t h e public healt-h, 5 a . f r z . y drld w r i - f r i i i - of t h e citirens of iNrlsonville, Ohio, for the reiisoi-I thdt the residents of Nelsonvllle who have lensed their acreage for oil or gas exploration require the enactment of this Ordinance so that their oil or gas wells may be commenced as soon as possible. and therefore this measure shall take ef,iect upon its passaye and approval by the Mayor.

President of Councll

ORDINANCE NO. /& g$ ORDINANCE PROVIDING FOR RETAINING SQUIRE, SANDERS & DEMPSEY TO PROVII~E c LEGAL SERVICES IN CONNECTION WITH THE PROCEEDINGS FOR $825,000 BONDS TO THE CITY'S WATER SYSTEM IMPROVEMENT NOTES ISSUED TO PAY COSTS OF IMPROVI WATER TREATMENT PLANT TO INCREASE ITS CAPACITY AND QUALITY OF TREATMENTi DECLARING AN EMERGENCY.

BE IT ORDAINED by the Council of the City of Nelsonville, At . County, Ohio, that:

, SECTION I:

The City retains the law firm of Squire, Sanders & Dempsey to provide 1 services relating to the authorization, sale, issuance and delivery by City of its $825,000 Water System Improvement Bonds. .Those legal serv shall be in the nature of legal advice and recommendations a v t o the docum and the proceedings and rendering at delivery a related legal opi including an opinion relating to the treatment of interest for federal in tax purposes. In providing those legal services, as an independent contra and in an attorney-client relationship, that Firm shall not exercise administrative discretion in the formulation of public policy, expenditur public funds, enforcement of laws and rules of the State or any polit subdivision, or the execution of public trusts.

SECTION 11:

For those legal services relating to the documents and proceedings through dellvery of the Bonds that Firm shall be paid a fee now estimated at approximately $4,500, and in addition shall be paid a reasonable fee for legal services relating to any disclosure document, or for legal services rendered after delivery upon request of the City and relating to the treatment vf interest for federal income tax purposes. The firm shall also be reimbursed for actual out-of-pocket expenses (including, but not limited to, travel, long-distance telephone and duplicating expenses) incurred in providing those legal services. The amount necessary to make those payments is hereby appropriated from the dpr Fund, and the Auditor is authorized directed to make appropriate certification as to the availability of funds those fees and any reimbursement and to issue appropriate orders for L timely payment as statements are submitted by that Firm.

SECTION 111:

This Council finds and determines that all formal actions of this Coun concerning and relating to the adoption of this ordinance were taken i open meeting of this Council and that all deliberations of this Council an any of its committees that resulted in those formal actions were in meet open to the public in compliance with the law.

SECTION IV:

This ord~nance is declared to be an emergency measure necessary for the immediate preservation of the public peace,. health and safety of thls City, and for the further reason that this ordinance is required to be immediately effective so that legal counsel can timely prepare the proceedings for the issuance and sale of the Bonds, which is necessary to enable the City fp timely retire the outstanding notes and thereby preserve its credit; wherefore, this ordinance shall be in full force and effect immediately its passage and approval by the Mayor.

APPROVED :

Mayor

ATTEST:

Clerk of Council

Passed this 12th day of June, 1 9 8 9 .

ORDINANCE NO.

AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $825,000 BONDS TO REFUND THE CITY'S WATER SYSTEM IMPROVEMENT NOTES ISSUED TO PAY THE COSTS OF IMPROVING THE WATER TREATMENT PLANT TO INCREASE ITS CAPACITY AND QUALITY OF TREATMENT, AND DECLARING AN EMERGENCY.

r WHEREAS, p u r s u a n t t o Ordinance No. 17-88 passed J u l y 1 1 , 1988, n o t e s

. i n a n t i c i p a t i o n of bonds i n t h e amount of $800,000, d a t e d August 5 , 1988, were i s s u e d f o r t h e purpose s t a t e d i n S e c t i o n I , t o mature on August 4 , 1989 ( t h e N o t e s ) ; and

WHEREAS, t h i s Counc i l f i n d s and d e t e r m i n e s t h a t t h e C i t y should re fund t h e o u t s t a n d i n g Notes , i n c l u d i n g payment of i n t e r e s t t o m a t u r i t y on t h e Notes and expenses r e l a t i n g t o t h e i s s u a n c e of t h e Bonds d e s c r i b e d i n S e c t i o n I , w i t h t h e p roceeds of t h e Bonds d e s c r i b e d i n S e c t i o n I ; and

WHEREAS, t h e Audi to r a s f i s c a l o f f i c e r of t h i s C i t y h a s c e r t i f i e d t o t h i s Counc i l t h a t t h e e s t i m a t e d l i f e o r u s e f u l n e s s of t h e improvement d e s c r i b e d i n S e c t i o n I is a t l e a s t f i v e y e a l s ' a q d thymaximum m a t u r i t y of t h e Bonds d e s c r i b e d i n S e c t i o n I is f o r t y y e a r s ;

NOW, THEREFORE, BE IT ORDAINED by t h e Counc i l of t h e C i t y of N e l s o n v i l l e , Athens County, Ohio, t h a t :

SECTION I:

I t is n e c e s s a r y t o i s s u e bonds of t h i s C i t y i n t h e a g g r e g a t e p r i n c i p a l amount of $825,000 ( t h e Bonds) t o r e fund t h e Notes i s s u e d t o pay t h e c o s t s of improving t h e w a t e r t r e a t m e n t p l a n t t o i n c r e a s e i t s c a p a c i t y and q u a l i t y of t r e a t m e n t . The i s s u a n c e of t h e Bonds is being a u t h o r i z e d w i t h a m a t u r i t y

, schedu le t h a t does n o t p rov ide f o r s e r i a l bonds matur ing i n s u b s t a n t i a l l y e q u a l annual i n s t a l l m e n t s , w i t h c e r t a i n m a t u r i t i e s t o be i s s u e d s u b j e c t t o redempt ion a t t h e o p t i o n of t h e C i t y p r i o r t o t h e i r s t a t e d m a t u r i t i e s a t redempt ion p r i c e s exceed ing t h e p a r amount redeemed, w i t h m u l t i p l e i n t e r e s t r a t e s n o t r e s t r i c t e d t o m u l t i p l e s of 118 of 1 % , and f o r t h e s a l e of t h e Bonds a t p r i v a t e s a l e t o any pe r son o r e n t i t y a t n o t l e s s t h a n 98% of t h e p r i n c i p a l amount of t h e Bonds, a l l i n accordance w i t h t h e Revised Code S e c t i o n 133.23 a s e n a c t e d by Am. House B i l l No. 710 of t h e 117 th Genera l Assembly, and such p r o v i s i o n s , w i t h o u t l i m i t i n g t h e g e n e r a l a p p l i c a t i o n of t h e d e t e r m i n a t i o n p r e v i o u s l y made i n t h i s s e c t i o n , a r e deemed n e c e s s a r y and p r o p e r and i n t h e b e s t i n t e r e s t s of t h e C i t y .

SECTION 11:

The Bonds s h a l l be i s s u e d i n one l o t and o n l y a s Bonds r e g i s t e r e d a s t o bo th p r i n c i p a l and i n t e r e s t , i n t h e denominat ions of $5 ,000 o r any i n t e g r a l m u l t i p l e t h e r e o f , bu t i n no c a s e a s t o a p a r t i c u l a r m a t u r i t y d a t e exceeding t h e p r i n c i p a l amount ma tur ing on t h a t d a t e . The Bonds s h a l l be d a t e d a s of June 1 , 1989. The Bonds s h a l l be d e s i g n a t e d "Water System Improvement Bonds" and s h a l l e x p r e s s on t h e i r f a c e s t h e purpose f o r which t h e y a r e i s s u e d and t h a t t h e y a r e i s s u e d p u r s u a n t t o t h i s o r d i n a n c e .

The Bonds s h a l l b e a r i n t e r e s t a t t h e r a t e s p e r y e a r s t a t e d below (computed on a 360-day p e r y e a r b a s i s ) , payab le on J u n e 1 ant&fember 1 of e a c h y e a r ( t h e I n t e r e s t Payment D a t e s ) , commencing December 1 , u n t i l t h e p r i n c i p a l amount h a s been p a i d o r p rov ided f o r . The Bonds s h a l l b e a r i n t e r e s t from t h e most r e c e n t d a t e t o which i n t e r e s t h a s been p a i d o r p rov ided f o r o r , i f no i n t e r e s t h a s been p a i d o r p rov ided f o r , from June 1, 1989.

!;a -Yii' ORDINANCE NO. 24-88

AN ORDINANCE FOR THE ESTABLISHMENT OF A TAX INCENTIVE COUNCIL AND T O DECLARE AN EMERGENCY

.- Whereas the City of Nelsonville has heretofore enacted Ordinance No. 29-88 and inadverently omitted authority to the establishment of a Tax Incentive Council, and

Whereas it is desired t o cure said omission a t the ear l ies t possible t ime, now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NELSONVILLE

SECTION 1. Council of the C ity of Nelsonville agrees t o the establishment of a T a x Incentive Council pursuant t o Ohio Revised Code Section 5109.63 (B) and will appoint two representatives t o said Council within sixty days a f te r the State Develop- ment Director cer t i f ies the zone.

SECTION 2. That a l l language in the original Ordinance 29-88 be retained a s written and include the language of Section 1 hereinabove set forth.

SECTION 3. For the reason that it i s involving other political subdivisions and t ime i s of the essence, and the further reason that it involved monetary affairs, t h i s Ordinance shall take effect forthwith upon i t s adoption if approved by three-fourths of a l l members elected t o Council, concurring, otherwise a t the earl iest period permitted by law. The Clerk of t h i s Council i s instructed t o forward a copy of this Ordinance t o the Commissioners of Athens County, Ohio.

ORDINANCE NO. / 3 - f c j

AN ORDINANCE APPROPRIATING MONEY AND TO DECLARE AN EMERGENCY

INED BY THE COUNCIL OF THE CITY OF NELSONVILLE, TWO - EMBERS ELECTED THERETO CONCURRING, THAT THIS COUNCIL SUM OF $2,000.00 FROM THE GENERAL FUND FOR FIRE SUP-

ES AND REPAIR AND MAINTENANCE OF THE FIRE DEPARTMENT.

This ordinance is declared to be an emergency ordinance nec- essary for the public peace, health and safety and shall take eff- ect forthwith upon its adoption if approved by two-thirds of all embers elected to council concurring, otherwise at the earliest eriod permitted by law.

ATTEST :

ORDINANCE NO. /q- k' AN ORDINANCE APPROPRIATING MONEY AND

TO DECLARE AN EMERGENCY

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NELSONVILLE, TWO- THIRDS OF ALL MEMBERS ELECTED THERETO CONCURRING, THAT THIS COUNCIL APPROPRIATE THE SUM OF $2,000.00 FROM THE GENERAL FUND FOR POLICE SUPPLIES AND REPAIR AND MAINTENANCE.

This ordinance is declared to be an emergency ordinance nec- essary for the public peace, health and safety and shall take effect forthwith upon its adoption if approved by two-thirds of all members elected to council concurring, otherwise at the earliest period per- mitted by law.

- ATTEST:

APPROVED : , 1989

O R D I N A N C E NO. 6 5-5'

AN ORDINANCE AMENDING ORDINANCE NO. 17-84, EXTENDING THE TERM THEREOF AND DECLARING AN EMERGENCY

B E I T O R D A I N E D BY T H E C O U N C I L O F T H E C I T Y O F N E L S O N V I L L E , S T A T E O F O H I O :

SECTION I- That Ordinance 17-84 be amended in the following respects:

(a) Whenever the name Gary Duncan appears therein, the name of Norman Richards shall replace the said name .

(b) That Section 10 of said Ordinance (FEES OF COLLECTION 10 N) be, and hereby i s amended t o read a s follows:

1. The fees for collection and disposal of garbage and rubbish shall be made quarterly:

(a)After January 1, 1990, the fee will be Twenty-Five Dollars and Fifry Cents ($25.50) per quarter for a single family house.

(b) After January 1, 190, the fee for each family in dwellings with two o r more families, will be Twenty-Five Dollars and Fifty Cents ($25.50) per quarter per family t o be paid by the landlord.

(c) Special residential 'bpon call "removal will be Fourteen Dollars ($14.00) per man hbur plus Eight Dollars ($8.00) per compacted cubic yard of t rash .

(d) Removal of a l l large household appliances will be an extra charge of Five Dollars ($5.00).

i

(e) If any family customer has more than three twenty gallon garbage o r rubbish con- ta iners per week, the HAULER may charge that customer a $1.00 surcharge for each con- tainer exceeding the allotted three containers per week.

2. Fees for al l commercial and industrial customers shall be fixed a t $6.00 per cubic yard. The hauler s h a l l provide each commercial o r industrial customer with a statement for fees t o be charged that customer based upon the hauler 's est imate of the cubic yards to be collected for each customer. If the commercial o r industrial customer disputes the amount to be charged by the HAULER, then that issue shall be submitted to arbitration t o an arbitration board comprised of the Nelsonville Safety-Ser v i c e Director, the HAULER or a representative chosen by the HAULER and the aggrieved business o r commercial customer o r his o r i ts representative. The conclusions of the arb i t ra tors shall be final and binding upon the HAULER and the customer. The ru les of the American Arbitration Association shall be

follouaj in such arbitration.

(c) That SECTION I (a) be amended t o read a s follows:

The Safety-Service Director of the ~ i t y ' o f Nelsonville is hereby authorized and directed t o enter into an exclusive franchise with Norman Richards dba Duncan Sanitation, a sole business proprietorship, having i ts principal office in the Village of Glouster, Ohio, for a period of seven years commencing on January 1, 1990, and said agreement shall continue in effect t o December

\. 31, 1991.

SECTION I1 -This Ordinance i s declared t o be an emergency Ordinance necessary for the public peace, health and safety for the reason that it provides for the removal of offensive wastes and i s an exclusive contract and shall take effect forthwith upon i ts adoption if approved by cwo-

A N O R D I N A N C E S E E K I N G A U T H O R I T Y T O P R O C E E D W I T H S E W E R C L E A N I N G W O R K A N D D E C L A R I N G A N E M E R G E N C Y

Whereas, t h e r e h a s heretofore been an examination m a d e of the s e w e r s in va r ious a r e a s of the City of Nelsonville and i t h a s becn determined that they a r e in ce r ta in places

I se r ious ly s i l t e i which si l tat ion poses a danger t o the e n t i r e sewer sys tem;

NOW, THEREFORE, BE IT ORDAINED BY T H E COUNCIL O F T H E CITY O F NELSONVILLE, ATHENS COUNTY, 01-110:

Section 1. T h a t Council herehy finds and d e t e r m i n e s that t h e portion of the work which h a s determined a s e r i o u s siltation problem in the sewerage sys tem h a s been studied by them and should immediately k attended to.

Section 2.It is hereby found and determined that the construction of such work shal l be c a r r i e d out a s a single improvement with one Ordinance and Contract .

Scction 3 . T h a t t h e Safety and Serv ice Di rec to r be and he k r e b y i s authorized and di rected t o e n t e r into a contract with the looking t o the cleaning of approximately 8 ,210 feet of sani tary l ines and it is hereby determined that said work i s s e r i o u s enough t o w a r r a n t the suspending of the bidding p r o c e d u r e s f o r the r e a s o n that the

i s a l ready fami l i a r with and h a s accomplished the p re l iminary work and investigation n e c e s s a r y which investigation t h i s Council hereby adopts and approves .

Section 4. T h i s Ordinance is hereby dec la red t o be a n emergency m e a s u r e n e c e s s a r y f o r the immediate preservat ion of the public peace, health and safe ty and fo r the fu r the r r e a s o n that it i s urgently n e c e s s a r y t o provide fo r the san i t a ry sewerage and t o e l iminate condit ions - the re in which would be hazarous t o the health and p roper ty of the res idents ; wherefore t h i s Ordinance shal l be in full fo rce and effect f rom and immediately a f t e r i t s passage if approved by two-thi rds of a l l m e m b e r s e lected t o Council concurring, o therwise a t the e a r l i e s t period permitted by law.

----- P R E S I D E N T O F C O U N C I L

A P P R O V E D :

A T T E S T :

- - - - - - - - - -, - - - - - - C L E R K O F C O U N C I L

P A S S E D : T h i s -- q * L d a y o f O c t o b e r 1 9 8 9

AN ORDINANCE AUTHORIZING THE SAFETY AND SERVICE DIRECTOR TO PURCHASE RADIO EQUIPMENT FOR THE POLICE DEPARTMENT; TO CONFIRM THE AVAILABILITY OF FUNDS AND TO DECLARE AN EMERGENCY.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NELSONVILLE, STATE OF OHIO:

SECTION I:

That the Safety and Service Director, be and hereby is authorized and directed to purchase six Motorola MT500 Portables including chargers, carrying cases and antenna and battery and to pay therefor the sum of Four Thousand Five Hundred Dollars ($4,500.00).

SECTION 11:

That there remains in the capital fund the sum of Fourteen Thousand Dollars ($14,000.00) of which the sum of Four Thousand Five Hundred Dollars ($4,500.00) was appropriated in the annual budget, having regard to the necessity for the above acquisition and said appropriation is hereby confirmed to the extent of appropriating Four Thousand Five Hundred Dollars ($4,500.00) from the capital fund to finance the above purchase.

SECTION 111:

For the reason that the radio equipment of the police department is presently in bad condition and is not reliable and such situation is of extreme danger to the members of the police department and others who are dependent upon them, this resolution is declared to be an emergency resolution necessary for the public peace,health and safety and shall take effect forthwith upon its adoption and signing by the mayor, otherwise at the earliest period permitted by law.

APPROVED :

Mayor

ATTEST:

Passed this //,ddday of do2pjm( ,1989