pending legislation 090313.pdf
TRANSCRIPT
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COUNCIL ONLY VOTE
BILL #13-208 RESOLUTION # ____________________
BY: MRS. HARING
Authorizing the Director of Finance to make transfers, among the City=s appropriatedfunds by classification within departments and sub departments, necessary to balance accountsfor proper accounting purposes at year-end (as of December 31, 2013), and declaring anemergeny.
WHEREAS, this Council has heretofore made appropriations by Ordinance and transfersby Resolution relating to expenses and expenditures of the City for the year 2013 based uponfinancial information available during the course of the year, and
WHEREAS, the City=s year-end budgeting is being monitored by the Director of Finance
as chief fiscal officer of the City, and said Director has indicated that some transfers of monieswill be necessary to balance accounts for year-end.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Director of Finance be, and she is hereby, authorized to make suchtransfers, among the City=s appropriated funds by classification within departments and subdepartments, necessary to balance accounts for proper accounting as of December 31, 2013,provided that said Director shall furnish this Council with appropriate documentation to supporteach transfer made under this authorization.
SECTION 2. That by reason of the immediate necessity for authorizing the Finance Director tobegin making the transfer described above in anticipation of year-end accounting procedures,this measure is determined to be an emergency ordinance for the immediate preservation of thepublic peace, health, safety and welfare of the City of Mansfield and its inhabitants andproviding it receives the affirmative vote of two-thirds of all members elected to Council, it shalltake effect be in force immediately upon its adoption, otherwise from and after the earliest timeallowed by law, after its passage and approval by the Mayor.
Caucus 2 July, 2013
1st
Reading 6 August, 2013
2ndReading 20 August, 2013
PASSED 3 September, 2013 SIGNED /s/ Phillip E. ScottPresident
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council MayorAPPROVED AS TO FORM: John R. Spon
Law DirectorCity of Mansfield, Ohio
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COUNCIL ONLY 2nd
READING
BILL #13-231* ORDINANCE # ____________________
BY: MRS. HARING
Authorizing the Safety-Service Director to advertise for bids and enter into a contract forsalt supply, and declaring an emergency.
BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to advertisefor bids and to enter into a contract with the lowest and best bidder according to law forfurnishing salt requirements of the City according to specifications now on file, for use duringthe 2013-2014 winter season.
SECTION 2. That the cost of materials purchased hereunder shall be paid from the properappropriated funds.
SECTION 3. That by reason of the immediate need to bid and contract for delivery of saltsupply at a time when salt prices are most competitive and in advance of the 2013-2014 winterweather, this measure is determined to be an emergency ordinance for the immediatepreservation of the public peace, health, safety and welfare of the City of Mansfield and itsinhabitants and providing it receives the affirmative vote of two-thirds of all members elected toCouncil, it shall take effect be in force immediately upon its adoption, otherwise from and afterthe earliest time allowed by law, after its passage and approval by the Mayor.
Caucus 6 August, 2013
1st Reading 20 August, 2013
2ndReading 3 September, 2013
PASSED 17 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
* Publication required.
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COUNCIL ONLY 2nd
READING
BILL #13-232* ORDINANCE # ____________________
BY: MRS. HARING
Authorizing the Safety-Service Director to advertise for bids and to enter into contractsfor certain yearly needs of the City, and declaring an emergency.
BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to advertisefor bids and enter into contracts, according to law and according to plans and specifications asnow on file in the office of the City Engineer, with the lowest and best bidders for the furnishingof the City's yearly needs of supplies, material, miscellaneous equipment, and spare parts, to be
paid from the proper funds.
SECTION 2. That by reason of the immediate need to bid and contract for supplies, etc.required for use after January 1, 2014, this measure is determined to be an emergency Ordinancefor the immediate preservation of the public peace, health, safety and welfare of the City ofMansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of allmembers elected to Council, it shall take effect and be in force immediately upon its adoption,otherwise from and after the earliest time allowed by law, after its passage and approval by theMayor.
Caucus 6 August, 2013
1st Reading 20 August, 2013
2nd
Reading 3 September, 2013
PASSED 17 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. Spon
Law DirectorCity of Mansfield, Ohio
* Publication required.
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COUNCIL ONLY - VOTE
BILL #13-256 ORDINANCE # ____________________
BY: MRS. HARING
Authorizing the Safety-Service Director to submit an application for funding a certainwaterline project with a State Bond Issue No. 1 Grant, and declaring an emergency.
WHEREAS, the City of Mansfield is desirous of submitting an application for a StateBond Issue No. 1 Grant for the extension of a waterline to Twin Lakes Drive, Old BowmanStreet Road, and Schulties Drive and other incidental construction items.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Safety-Service Director be, and she is hereby, authorized on behalf ofthe City of Mansfield to submit an application and execute all documentation associatedtherewith for funding with a State Bond Issue No. 1 Grant for the following public improvementproject, all in accordance with proposed applications as now on file in the Office of the CityEngineer:
2014 Waterline Replacement and Extension Project
SECTION 2. That by reason of the immediate necessity for submitting said application withthe Richland County Regional Planning Commission as soon as possible, this measure isdetermined to be an emergency Ordinance for the immediate preservation of the public peace,health, safety and welfare of the City of Mansfield and its inhabitants and providing it receivesthe affirmative vote of two-thirds of all members elected to Council, it shall take effect and be inforce immediately upon its adoption, otherwise from and after the earliest time allowed by law,after its passage and approval by the Mayor.
Caucus 20 August, 2013
1st Reading 3 September, 2013
2ndReading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL VOTE
BILL #13-258 ORDINANCE # ____________________
BY: MRS. HIGHTOWER
Declaring the remains of a designated dwelling (167 South Diamond Street) to beinsecure, unsafe, structurally defective and unsafe to life and other property; directing thedemolition thereof by City forces or contract labor, materials and equipment, and declaring anemergency.
WHEREAS, under authority of Section 3, Article XVIII of the Ohio Constitution and'' 715.26, 715.261, 3737.14 and 3737.28 of the Ohio Revised Code, the City has enactedChapter 1335 of the Mansfield Codified Ordinances, 1997, relating to the removal and repair ofbuildings and structures for the purpose of safeguarding life and property and for the promotionof the peace, health, safety and welfare of the City of Mansfield and its inhabitants, and
WHEREAS, the Bureau of Buildings, Inspections, Licenses and Permits has, pursuant toChapter 1335 of the Mansfield Codified Ordinances, 1997, made its inspection and issued itsnotice and order as pertains to the remains of the building and structure hereinafter described,and
WHEREAS, the owner or occupant has failed to comply with the order issued by theBureau, and
WHEREAS, Council is fully advised in this matter by reason of the reports andproceedings of the Bureau.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That it is hereby determined and declared that the two (2) story, aluminum-sided,multi-family dwelling with concrete rear patio located on the premises described in Section 2hereinafter is insecure, unsafe, structurally defective and unsafe to life and other property byreason of its hazardous and unsound condition, unsound and unsafe walls, floors, foundation andceilings, and by reason of want of repair, age and dilapidation; and it is hereby furtherdetermined and declared that by reason thereof said building or structure is beyond repair and isa nuisance.
SECTION 2. That the premises referred to in Section 1 hereof are described as follows:Situated in the City of Mansfield, County of Richland and State of Ohio: Being a part of lotnumber Four Hundred Twenty-nine (#429) of the consecutively numbered lots of said City asrecorded in Plat Volume 1, Page 137, of the Recorders Office of said County beingapproximately 60 feet wide by 120.33 feet deep and containing 7,216 square feet more or less.
Permanent Parcel No. 027-06-007-05-000Owner: Donnie L. McCleese & Cindy L. McCleese as Trustees of the Donnie L. McCleese &Cindy L. McCleese Revocable Living Trust
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Address: 167 South Diamond Street
SECTION 3. That the Bureau of Buildings, Inspections, Licenses and Permits is herebyauthorized and directed to enter into a contract according to law with a competent and licensedcontractor for the provision of labor, materials and equipment for the demolition and removal of
the building(s) or structure(s) hereinbefore described, including any fences, concrete stairs,retaining walls and all appurtenances thereto, together with the removal of all debris and levelingto grade, or to proceed by force account, in execution of its order under ' 1335.09 of theMansfield Codified Ordinances, 1997, and to otherwise comply with the provisions of saidChapter 1335.
SECTION 4. That the costs authorized in Section 3 above shall be paid from CommunityDevelopment Programs/Contractual Services. (Moving Ohio Forward and/or CommunityDevelopment Block Grant).
SECTION 5. That the Bureau shall notify the owner or occupant to remove all chattels and
personal property from the building(s) and/or lot not less than five (5) days prior to thecommencement of demolition and the failure of the owner or occupant to so remove suchpersonal property and chattels shall be deemed an intentional abandonment thereof by suchowner or occupant and such property may be subject to salvage rights of the demolitioncontractor.
SECTION 6. That the debris and all materials resulting from the demolition of thestructure(s) or building(s) shall become the property of the contractor.
SECTION 7. That by reason of the immediate necessity of removing a nuisance which isinsecure, unsafe, structurally defective and dangerous to life and other property, this measure isdetermined to be an emergency Ordinance for the immediate preservation of the public peace,health, safety and welfare of the City of Mansfield and its inhabitants and providing it receivesthe affirmative vote of two-thirds of all members elected to Council, it shall take effect and be inforce immediately upon its adoption, otherwise from and after the earliest time allowed by law,after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st Reading 3 September, 2013
2ndReading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL VOTE
BILL #13-259 ORDINANCE # ____________________
BY: MRS. HIGHTOWER
Declaring the remains of a designated dwelling (218 Diamond Street) to be insecure,unsafe, structurally defective and unsafe to life and other property; directing the demolitionthereof by City forces or contract labor, materials and equipment, and declaring an emergency.
WHEREAS, under authority of Section 3, Article XVIII of the Ohio Constitution and'' 715.26, 715.261, 3737.14 and 3737.28 of the Ohio Revised Code, the City has enactedChapter 1335 of the Mansfield Codified Ordinances, 1997, relating to the removal and repair ofbuildings and structures for the purpose of safeguarding life and property and for the promotionof the peace, health, safety and welfare of the City of Mansfield and its inhabitants, and
WHEREAS, the Bureau of Buildings, Inspections, Licenses and Permits has, pursuant toChapter 1335 of the Mansfield Codified Ordinances, 1997, made its inspection and issued itsnotice and order as pertains to the remains of the building and structure hereinafter described,and
WHEREAS, the owner or occupant has failed to comply with the order issued by theBureau, and
WHEREAS, Council is fully advised in this matter by reason of the reports andproceedings of the Bureau.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That it is hereby determined and declared that the two (2) story, wood-frame,single-family dwelling located on the premises described in Section 2 hereinafter is insecure,unsafe, structurally defective and unsafe to life and other property by reason of its hazardous andunsound condition, unsound and unsafe walls, floors, foundation and ceilings, and by reason ofwant of repair, age and dilapidation; and it is hereby further determined and declared that byreason thereof said building or structure is beyond repair and is a nuisance.
SECTION 2. That the premises referred to in Section 1 hereof are described as follows:Situated in the City of Mansfield, County of Richland and State of Ohio: Being part of lotnumber Five Hundred Sixty-one (#561) of the consecutively numbered lots in said City beingapproximately 33.50 feet wide by 116.83 feet deep and containing 3777 square feet more or less.
Permanent Parcel No. 027-06-003-16-000Owner: Christopher B. Cooper & Amy W. CooperAddress: 218 Diamond Street
SECTION 3. That the Bureau of Buildings, Inspections, Licenses and Permits is herebyauthorized and directed to enter into a contract according to law with a competent and licensed
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contractor for the provision of labor, materials and equipment for the demolition and removal ofthe building(s) or structure(s) hereinbefore described, including any fences, concrete stairs,retaining walls and all appurtenances thereto, together with the removal of all debris and levelingto grade, or to proceed by force account, in execution of its order under ' 1335.09 of theMansfield Codified Ordinances, 1997, and to otherwise comply with the provisions of said
Chapter 1335.
SECTION 4. That the costs authorized in Section 3 above shall be paid from CommunityDevelopment Programs/Contractual Services. (Moving Ohio Forward and/or CommunityDevelopment Block Grant).
SECTION 5. That the Bureau shall notify the owner or occupant to remove all chattels andpersonal property from the building(s) and/or lot not less than five (5) days prior to thecommencement of demolition and the failure of the owner or occupant to so remove suchpersonal property and chattels shall be deemed an intentional abandonment thereof by suchowner or occupant and such property may be subject to salvage rights of the demolition
contractor.
SECTION 6. That the debris and all materials resulting from the demolition of thestructure(s) or building(s) shall become the property of the contractor.
SECTION 7. That by reason of the immediate necessity of removing a nuisance which isinsecure, unsafe, structurally defective and dangerous to life and other property, this measure isdetermined to be an emergency Ordinance for the immediate preservation of the public peace,health, safety and welfare of the City of Mansfield and its inhabitants and providing it receivesthe affirmative vote of two-thirds of all members elected to Council, it shall take effect and be inforce immediately upon its adoption, otherwise from and after the earliest time allowed by law,after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st Reading 3 September, 2013
2nd
Reading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL VOTE
BILL #13-260 ORDINANCE # ____________________
BY: MRS. HIGHTOWER
Declaring the remains of a designated dwelling (372 Bell Street) to be insecure, unsafe,structurally defective and unsafe to life and other property; directing the demolition thereof byCity forces or contract labor, materials and equipment, and declaring an emergency.
WHEREAS, under authority of Section 3, Article XVIII of the Ohio Constitution and'' 715.26, 715.261, 3737.14 and 3737.28 of the Ohio Revised Code, the City has enactedChapter 1335 of the Mansfield Codified Ordinances, 1997, relating to the removal and repair ofbuildings and structures for the purpose of safeguarding life and property and for the promotionof the peace, health, safety and welfare of the City of Mansfield and its inhabitants, and
WHEREAS, the Bureau of Buildings, Inspections, Licenses and Permits has, pursuant toChapter 1335 of the Mansfield Codified Ordinances, 1997, made its inspection and issued itsnotice and order as pertains to the remains of the building and structure hereinafter described,and
WHEREAS, the owner or occupant has failed to comply with the order issued by theBureau, and
WHEREAS, Council is fully advised in this matter by reason of the reports andproceedings of the Bureau.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That it is hereby determined and declared that the one and a half (1) story,wood -frame, single-family dwelling located on the premises described in Section 2 hereinafter isinsecure, unsafe, structurally defective and unsafe to life and other property by reason of itshazardous and unsound condition, unsound and unsafe walls, floors, foundation and ceilings, andby reason of want of repair, age and dilapidation; and it is hereby further determined anddeclared that by reason thereof said building or structure is beyond repair and is a nuisance.
SECTION 2. That the premises referred to in Section 1 hereof are described as follows:Situated in the City of Mansfield, County of Richland and State of Ohio: Being known as theWest half of lot number One Thousand Four Hundred Seventy-nine (#1479) of the consecutivelynumbered lots in said City as shown at Volume 2, Number 3, Page 16 of Plats; and also 6vacated alley to the North.
Permanent Parcel No. 027-04-019-11-000Owner: Kimberly ForwithAddress: 372 Bell Street
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SECTION 3. That the Bureau of Buildings, Inspections, Licenses and Permits is herebyauthorized and directed to enter into a contract according to law with a competent and licensedcontractor for the provision of labor, materials and equipment for the demolition and removal ofthe building(s) or structure(s) hereinbefore described, including any fences, concrete stairs,retaining walls and all appurtenances thereto, together with the removal of all debris and leveling
to grade, or to proceed by force account, in execution of its order under ' 1335.09 of theMansfield Codified Ordinances, 1997, and to otherwise comply with the provisions of saidChapter 1335.
SECTION 4. That the costs authorized in Section 3 above shall be paid from CommunityDevelopment Programs/Contractual Services. (Moving Ohio Forward and/or CommunityDevelopment Block Grant).
SECTION 5. That the Bureau shall notify the owner or occupant to remove all chattels andpersonal property from the building(s) and/or lot not less than five (5) days prior to thecommencement of demolition and the failure of the owner or occupant to so remove such
personal property and chattels shall be deemed an intentional abandonment thereof by suchowner or occupant and such property may be subject to salvage rights of the demolitioncontractor.
SECTION 6. That the debris and all materials resulting from the demolition of thestructure(s) or building(s) shall become the property of the contractor.
SECTION 7. That by reason of the immediate necessity of removing a nuisance which isinsecure, unsafe, structurally defective and dangerous to life and other property, this measure isdetermined to be an emergency Ordinance for the immediate preservation of the public peace,health, safety and welfare of the City of Mansfield and its inhabitants and providing it receivesthe affirmative vote of two-thirds of all members elected to Council, it shall take effect and be inforce immediately upon its adoption, otherwise from and after the earliest time allowed by law,after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st
Reading 3 September, 2013
2ndReading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. TheakerClerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL VOTE
BILL #13-261 ORDINANCE # ____________________
BY: MRS. HIGHTOWER
Declaring the remains of a designated dwelling (535 Central Avenue) and detachedgarage to be insecure, unsafe, structurally defective and unsafe to life and other property;directing the demolition thereof by City forces or contract labor, materials and equipment, anddeclaring an emergency.
WHEREAS, under authority of Section 3, Article XVIII of the Ohio Constitution and'' 715.26, 715.261, 3737.14 and 3737.28 of the Ohio Revised Code, the City has enactedChapter 1335 of the Mansfield Codified Ordinances, 1997, relating to the removal and repair ofbuildings and structures for the purpose of safeguarding life and property and for the promotionof the peace, health, safety and welfare of the City of Mansfield and its inhabitants, and
WHEREAS, the Bureau of Buildings, Inspections, Licenses and Permits has, pursuant toChapter 1335 of the Mansfield Codified Ordinances, 1997, made its inspection and issued itsnotice and order as pertains to the remains of the building and structure hereinafter described,and
WHEREAS, the owner or occupant has failed to comply with the order issued by theBureau, and
WHEREAS, Council is fully advised in this matter by reason of the reports andproceedings of the Bureau.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That it is hereby determined and declared that the one and one half (1) story,wood-frame cape cod style, single-family dwelling with detached garage located on the premisesdescribed in Section 2 hereinafter are insecure, unsafe, structurally defective and unsafe to lifeand other property by reason of its hazardous and unsound condition, unsound and unsafe walls,floors, foundation and ceilings, and by reason of want of repair, age and dilapidation; and it ishereby further determined and declared that by reason thereof said buildings or structures arebeyond repair and are a nuisance.
SECTION 2. That the premises referred to in Section 1 hereof is described as follows: Situatedin the City of Mansfield, County of Richland and State of Ohio: Being lot number ElevenThousand Six Hundred ten (#11610) of the consecutively numbers of lots in said Mansfield.
Permanent Parcel No. 027-05-114-08-000Owner: Josephine A. ThompsonAddress: 535 Central Avenue
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SECTION 3. That the Bureau of Buildings, Inspections, Licenses and Permits is herebyauthorized and directed to enter into a contract according to law with a competent and licensedcontractor for the provision of labor, materials and equipment for the demolition and removal ofthe building(s) or structure(s) hereinbefore described, including any fences, concrete stairs,retaining walls and all appurtenances thereto, together with the removal of all debris and leveling
to grade, or to proceed by force account, in execution of its order under ' 1335.09 of theMansfield Codified Ordinances, 1997, and to otherwise comply with the provisions of saidChapter 1335.
SECTION 4. That the costs authorized in Section 3 above shall be paid from CommunityDevelopment Programs/Contractual Services. (Moving Ohio Forward and/or CommunityDevelopment Block Grant).
SECTION 5. That the Bureau shall notify the owner or occupant to remove all chattels andpersonal property from the building(s) and/or lot not less than five (5) days prior to thecommencement of demolition and the failure of the owner or occupant to so remove such
personal property and chattels shall be deemed an intentional abandonment thereof by suchowner or occupant and such property may be subject to salvage rights of the demolitioncontractor.
SECTION 6. That the debris and all materials resulting from the demolition of thestructure(s) or building(s) shall become the property of the contractor.
SECTION 7. That by reason of the immediate necessity of removing a nuisance which isinsecure, unsafe, structurally defective and dangerous to life and other property, this measure isdetermined to be an emergency Ordinance for the immediate preservation of the public peace,health, safety and welfare of the City of Mansfield and its inhabitants and providing it receivesthe affirmative vote of two-thirds of all members elected to Council, it shall take effect and be inforce immediately upon its adoption, otherwise from and after the earliest time allowed by law,after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st
Reading 3 September, 2013
2ndReading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. TheakerClerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL VOTE
BILL #13-262 ORDINANCE # ____________________
BY: MRS. HIGHTOWER
Declaring the remains of a designated dwelling (1224 Caldwell Avenue) and detachedoutbuilding to be insecure, unsafe, structurally defective and unsafe to life and other property;directing the demolition thereof by City forces or contract labor, materials and equipment, anddeclaring an emergency.
WHEREAS, under authority of Section 3, Article XVIII of the Ohio Constitution and'' 715.26, 715.261, 3737.14 and 3737.28 of the Ohio Revised Code, the City has enactedChapter 1335 of the Mansfield Codified Ordinances, 1997, relating to the removal and repair ofbuildings and structures for the purpose of safeguarding life and property and for the promotionof the peace, health, safety and welfare of the City of Mansfield and its inhabitants, and
WHEREAS, the Bureau of Buildings, Inspections, Licenses and Permits has, pursuant toChapter 1335 of the Mansfield Codified Ordinances, 1997, made its inspection and issued itsnotice and order as pertains to the remains of the building and structure hereinafter described,and
WHEREAS, the owner or occupant has failed to comply with the order issued by theBureau, and
WHEREAS, Council is fully advised in this matter by reason of the reports andproceedings of the Bureau.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That it is hereby determined and declared that the one (1) story bungalow-style,single-family dwelling with detached outbuilding located on the premises described in Section 2hereinafter are insecure, unsafe, structurally defective and unsafe to life and other property byreason of its hazardous and unsound condition, unsound and unsafe walls, floors, foundation andceilings, and by reason of want of repair, age and dilapidation; and it is hereby furtherdetermined and declared that by reason thereof said buildings or structures are beyond repair andare a nuisance.
SECTION 2. That the premises referred to in Section 1 hereof are described as follows:Situated in the City of Mansfield, County of Richland and State of Ohio: Being lot numberNineteen Thousand Forty-four (#19044) of the consecutively numbered lots in said City ofMansfield.
Permanent Parcel No. 027-04-115-01-000Owner: Leroy Smith and Shelia Kaye Smith and Tridan Renovations, Inc.Address: 1224 Caldwell Avenue
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SECTION 3. That the Bureau of Buildings, Inspections, Licenses and Permits is herebyauthorized and directed to enter into a contract according to law with a competent and licensedcontractor for the provision of labor, materials and equipment for the demolition and removal ofthe building(s) or structure(s) hereinbefore described, including any fences, concrete stairs,retaining walls and all appurtenances thereto, together with the removal of all debris and leveling
to grade, or to proceed by force account, in execution of its order under ' 1335.09 of theMansfield Codified Ordinances, 1997, and to otherwise comply with the provisions of saidChapter 1335.
SECTION 4. That the costs authorized in Section 3 above shall be paid from CommunityDevelopment Programs/Contractual Services. (Moving Ohio Forward and/or CommunityDevelopment Block Grant).
SECTION 5. That the Bureau shall notify the owner or occupant to remove all chattels andpersonal property from the building(s) and/or lot not less than five (5) days prior to thecommencement of demolition and the failure of the owner or occupant to so remove such
personal property and chattels shall be deemed an intentional abandonment thereof by suchowner or occupant and such property may be subject to salvage rights of the demolitioncontractor.
SECTION 6. That the debris and all materials resulting from the demolition of thestructure(s) or building(s) shall become the property of the contractor.
SECTION 7. That by reason of the immediate necessity of removing a nuisance which isinsecure, unsafe, structurally defective and dangerous to life and other property, this measure isdetermined to be an emergency Ordinance for the immediate preservation of the public peace,health, safety and welfare of the City of Mansfield and its inhabitants and providing it receivesthe affirmative vote of two-thirds of all members elected to Council, it shall take effect and be inforce immediately upon its adoption, otherwise from and after the earliest time allowed by law,after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st
Reading 3 September, 2013
2ndReading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. TheakerClerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS ONLY
BILL #13-263 ORDINANCE # ____________________
BY: MR. ROCK
Authorizing the Safety-Service Director to advertise for proposals and to enter into acontract for engineering and planning services relating to the improvement of Mansfield LahmMunicipal Airport, and declaring an emergency.
BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to advertise forproposals to provide engineering and planning services and to enter into a contract forprofessional services with an engineering and planning firm for necessary services relating to the
improvement of Mansfield Lahm Municipal Airport.
SECTION 2. That by reason of the immediate necessity for authorizing an engineering andplanning services contract and moving forward with necessary Airport improvements, thismeasure is determined to be an emergency Ordinance for the immediate preservation of thepublic peace, health, safety and welfare of the City of Mansfield and its inhabitants andproviding it receives the affirmative vote of two-thirds of all members elected to Council, it shalltake effect and be in force immediately upon its adoption, otherwise from and after the earliesttime allowed by law, after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st Reading 17 September, 2013
2nd
Reading
PASSED 17 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. Spon
Law DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL - VOTE
BILL #13-264 ORDINANCE # ______________
BY: MR. DUNN
Authorizing the Mayor and the Safety-Service Director to enter into an Enterprise ZoneAgreement with Fanello Development Company, LLC for certain tax incentives under OhioRevised Code Chapter 5709 for expanding their existing facility 1501 Harrington MemorialRoad, Mansfield, Ohio, and declaring an emergency.
BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Mayor and the Safety-Service Director be, and they are hereby,authorized to enter into an Enterprise Zone Agreement with Fanello Development Company
LLC, relating to an enterprise zone project for expanding their existing facility at 1501Harrington Memorial Road, Mansfield, Ohio, in the City and in the Enterprise Zone, which willencompass substantial new investment and related employment, and to provide in saidAgreement for certain tax incentives, as authorized under Ohio Revised Code Chapter 5709, i.e.,exemption from tax for a period of fifteen (15) years on the real estate improvements for onehundred percent (100%) of such property newly invested in the project, all as substantiallydesignated and fully set forth in the proposed Enterprise Zone Agreement, a copy of which isattached hereto as Exhibit AA@ and made a part hereof by reference.
SECTION 2. That in order to permit necessary commitments to go forward on the project atthe earliest time, this measure is determined to be an emergency Ordinance for the immediatepreservation of the public peace, health, safety and welfare of the City of Mansfield and itsinhabitants and providing it receives the affirmative vote of two-thirds of all members elected toCouncil, it shall take effect and be in force immediately upon its adoption, otherwise from andafter the earliest time allowed by law, after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st Reading 3 September, 2013
2nd
Reading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL VOTEBILL #13-265 ORDINANCE # ____________________
BY: MR. DUNN
Authorizing the Mayor and Safety-Service Director to enter into an Enterprise Zone
Compensation Agreement with Fanello Development Company, LLC and Madison Local Schools toauthorize general compensation and income tax revenue sharing on new municipal income tax revenues,and declaring an emergency.
WHEREAS, the Ohio Enterprise Zone Program, pursuant to ORC ' 5709.61 through 5709.69authorizes municipalities to grant real and/or personal property tax exemptions on eligible newinvestments, and
WHEREAS, the City of Mansfield by Ordinance #03-199 adopted on August 19, 2003,designated the area as an Enterprise Zone, and
WHEREAS, effective September 17, 2003, the Director of the Ohio Department of Developmentdetermined the area designated by the municipality within Ordinance #03-199 contains the characteristics
set forth in ' 5709.61(A) of the ORC and certified the areas of an Enterprise Zone, and
WHEREAS, the municipality provided the Board of Education of the Mansfield City Schools
with notice of the project prior to formal action as required within ORC ' 5709.83, and
WHEREAS, the municipality has acted pursuant to ORC ' 5709.62 within Ordinance #13-____adopted September 3, 2013, to grant a tax exemption to Fanello Development Company, LLC and, willenter into a formal Enterprise Zone Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Mayor and Safety-Service Director be, and they are hereby, authorized toenter into an Enterprise Zone Compensation Agreement with Fanello Development Company, and theMadison Local School, all as substantially designated and fully set forth in the proposed Agreement, a
copy of which is attached hereto as Exhibit AA@ and made a part hereof by reference.
SECTION 2. That in order to allow this project to go forward at the earliest time, this measure isdetermined to be an emergency Ordinance for the immediate preservation of the public peace, health,safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmativevote of two-thirds of all members elected to Council, it shall take effect and be in force immediately uponits adoption, otherwise from and after the earliest time allowed by law, after its passage and approval bythe Mayor.
Caucus 3 September, 2013
1st Reading 3 September, 2013
2ndReading
PASSED 3 September, 2013 SIGNED /s/ Phillip E. ScottPresident
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS ONLY
BILL #13-266 ORDINANCE #_______________________
BY: MRS. HIGHTOWER
Authorizing the Safety-Service Director to execute any and all documents necessary to
assign the interest of Central City Economic Development Corporation (CCEDC) in certain
HOME Investment Project Agreements entered into by and between it and the City, dating from
years 1997 to 2003 to Richland Housing Development Corporation (RHDC).
WHEREAS, CCEDC is now defunct and must be replaced in order for the HOME grantsby the City to remain in compliance with federal requirements of the HOME program, and
WHEREAS, RHDC has been authorized to assume the recipient obligations, rights,terms, and conditions of a HOME I Investment Project Agreement between CCEDC and the
City entered into pursuant to Mansfield City Ordinance 98-081, and
WHEREAS, RHDC has been authorized to assume the obligations, rights, terms, andconditions of a HOME II Investment Project Agreement between CCEDC and the City enteredinto pursuant to Mansfield City Ordinance 99-095, and
WHEREAS, RHDC has been authorized to assume the obligations, rights, terms, andconditions of a HOME III Investment Project Agreement between CCEDC and the City enteredinto pursuant to Mansfield City Ordinance 00-101, and
WHEREAS, RHDC has been authorized to assume the obligations, rights, terms, and
conditions of a HOME IV Investment Project Agreement between CCEDC and the City enteredinto pursuant to Mansfield City Ordinance 01-061, and
WHEREAS, RHDC has been authorized to assume the obligations, rights, terms, andconditions of a HOME V Investment Project Agreement between CCEDC and the City enteredinto pursuant to Mansfield City Ordinance 02-064, and
WHEREAS, CCEDC will assign all notes, mortgages, covenants, and other legaldocuments (the HOME Loan Documents) in connection with the HOME InvestmentAgreement to RHDC and the City agrees to this assignment of interests.
NOW, THREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Safety-Service Director, as contracting authority for the City, is hereby,on behalf of the City, authorized to execute an amendment to the HOME Investment ProjectAgreement. Per such amendment, CCEDC is hereby replaced by RHDC as the recipient ofHOME Awards 1-V dating from years1997 to 2003.
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SECTION 2. That this measure shall take effect and be in force after the earliest time allowed
by law, after its passage and approval by the Mayor.
Caucus 3 September, 2013
1
st
Reading 17 September, 20132ndReading 1 October, 2013
PASSED 15 October, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw Director
City of Mansfield, Ohio
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CAUCUS ONLY
BILL #13-267 ORDINANCE #_______________________
BY: MRS. HIGHTOWER
Authorizing the Safety-Service Director to execute any and all documents necessary to
assign the interest of Central City Economic Development Corporation (CCEDC) in a certain
HOME Investment Project Agreement entered into by and between it and the City, for Mansfield
HOMES VI to Milennia Housing Development Corporation.
WHEREAS, CCEDC is now defunct and must be replaced in order for the HOME grantsby the City to remain in compliance with federal requirements of the HOME program, and
WHEREAS, Milennia Housing Development Corporation has been authorized to assumethe recipient obligations, rights, terms, and conditions of a HOME VI Investment Project
Agreement between CCEDC and the City entered into pursuant to Mansfield City Ordinance 03-072, and
WHEREAS, CCEDC will assign all notes, mortgages, covenants, and other legaldocuments (the HOME Loan Documents) in connection with the HOME InvestmentAgreement to Milennia Housing Development Corporation and the City agrees to thisassignment of interests.
NOW, THREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That the Safety-Service Director, as contracting authority for the City, is hereby,on behalf of the City, authorized to execute an amendment to the HOME Investment ProjectAgreement. Per such amendment, CCEDC is hereby replaced by Milennia HousingDevelopment Corporation as the recipient of HOME Award VI.
SECTION 2. That this measure shall take effect and be in force after the earliest time allowedby law, after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st
Reading 17 September, 2013
2ndReading 1 October, 2013
PASSED 15 October, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor
APPROVED AS TO FORM: John R. SponLaw DirectorCity of Mansfield, Ohio
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CAUCUS & COUNCIL VOTE
BILL #13-268 ORDINANCE#_________________
BY: MRS. HARING
Authorizing the payment to Burch Hydro, Inc. in the amount of Twenty-three ThousandSix Hundred Forty and 05/100 Dollars ($23,640.05) by affirming a Then and Now Certificate ofthe Finance Director, and declaring an emergency.
WHEREAS, the Wastewater Treatment Plant Department had sludge removed prior tosubmission of a purchase order therefor to the Finance Department in the amount of Twenty-three Thousand Six Hundred Forty and 05/100 Dollars ($23,640.05) ,and
WHEREAS, R.C. 5705.41(D)(1) provides that the payment of Three Thousand Dollarsor more on a contract or order made by a municipality without a certificate of available funds
being attached at such time must be authorized by the legislative authority after the fiscal officersubsequently certificates that the funds were available at the time the contract or order was madeand that such funds are still available.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF MANSFIELD, STATE OF OHIO:
SECTION 1. That this Council does hereby affirm the Then and Now Certificate issued by theFinance Director relating to the request and receipt by the Wastewater Treatment PlantDepartment for prior to a purchase order therefor being submitted to the Finance Department,and authorize the Finance Director to issue her warrant to Burch Hydro, Inc. in the amount ofTwenty-three Thousand Six Hundred Forty and 05/100 Dollars ($23,640.05) from fundsheretofore appropriated in the Sewer Fund (#503).
SECTION 2. That reason of the immediate need to authorize payment of this obligation withinthirty days after receipt of the certificate of the Finance Director per R.C. 5705.41(D)(1), thismeasure is determined to be an emergency Ordinance for the immediate preservation of thepublic peace, health, safety and welfare of the City of Mansfield and its inhabitants andproviding it receives the affirmative vote of two-thirds of all members elected to Council, it shalltake effect and be in force immediately after its passage, otherwise from and after the earliesttime allowed by law, after its passage and approval by the Mayor.
Caucus 3 September, 2013
1st Reading 3 September, 2013
PASSED 3 September, 2013 SIGNED /s/ Phillip E. Scott
President
ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker
Clerk of Council Mayor