22-2016 September 27, 2016 AN ORDINANCE DETERMINING TO PROCEED WITH THE ACQUISITION, CONSTRUCTION, AND DEVELOPMENT, OF CERTAIN STREET IMPROVEMENTS, SIDEWALK IMPROVEMENTS, IRRIGATION IMPROVEMENTS, PUBLIC SIGNAGE IMPROVEMENTS, ENVIRONMENTAL REMEDIATION AND RELATED PUBLIC IMPROVEMENTS AND DECLARING AN EMERGENCY.
WHEREAS, this Village Council (the "Council") of the Village of Woodlawn, Ohio (the "Village") duly adopted Resolution No. 2016-36 on September 27, 2016 (the "Resolution of Necessity") declaring the necessity of acquiring, constructing, and developing street improvements, sidewalk improvements, irrigation improvements, public signage improvements, environmental remediation, and related public improvements (the "Project", as more fully described in Exhibit C to the Petition referenced hereinbelow) located at the Woodlawn Meadows Project (the "Assessed Properties", as defined in Exhibit A to the Petition), including acquiring a portion of the site for said Project or an interest therein and providing for related financing charges and credit enhancement, issuance, and administrative fees and expenses as set forth in a petition dated September 27, 2016 (the "Petition") by the property owners of the Assessed Properties requesting the Project, and accepting the Petition; and WHEREAS, claims for damages alleged to result from and objections to the Project have been waived by one hundred percent (100%) of the affected property owners;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF WOODLAWN, STATE OF OHIO, that:
SECTION 1. It is hereby declared to be the intention of this Council to proceed with the acquisition, construction, development, and improvement of the Project, as such are described in the Petition and the Resolution of Necessity.
SECTION 2. The Project shall be made in accordance with the provisions of the Resolution of Necessity, and in accordance with the plans, specifications, profiles and estimate of cost of the Project now on file in the office of the Clerk of Council and approved pursuant to the Resolution of Necessity.
SECTION 3. The Special Assessments (as defined in the Resolution of Necessity), in the maximum amount of $1,350,000 plus related interest, financing, credit enhancement, and administrative fees and expenses shall be assessed on the Assessed Properties in the manner and in the number of annual or semi-annual installments as provided in the Petition and the Resolution of Necessity.
SECTION 4. The estimated Special Assessments, heretofore prepared and filed in the office of the Clerk of Council, in accordance with the Resolution of Necessity, are hereby adopted.
SECTION 5. In compliance with Section 319.61 of the Ohio Revised Code ("Revised Code"), the Clerk of Council is hereby directed to deliver a certified copy of this Resolution to the Auditor of Hamilton County, Ohio within fifteen (15) days after the date of adoption hereof.
SECTION 6. All contracts for the construction of the Project will be let in the manner provided by law, subject to the provisions of the Revised Code and the Development Agreement (as defined in the Resolution of Necessity), and the costs of the Project shall be financed as provided in the Resolution of Necessity.
SECTION 7. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were conducted in an open meeting of this Council, and that all deliberations of this Council and of 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 Revised Code.
SECTION 8. Upon the required vote of this Council, this Ordinance is hereby declared to be an emergency measure necessary for immediate preservation of the public peace, health, safety and welfare of the Village. The reason of the emergency is for a timely closing on the village financing so that construction of the necessary public improvements can begin as soon as possible.