Granville Community Calendar

Ordinance 27-03

 WHEREAS, the State General Assembly by Senate Bill 123 has completely revised the State Traffic Code, effective January 1, 2004;

 WHEREAS, the Ohio Constitution requires that Ohio municipal ordinances comply with State law if they are an exercise of the Municipality’s police powers;

 WHEREAS, a new Traffic Code as contained in the current replacement pages has been prepared for the municipality;

 WHEREAS, certain other provisions within the Codified Ordinances should be amended to conform with current State law; and

 WHEREAS, various ordinances of a general and permanent nature have been passed by Council which should be included in the Codified Ordinances; and

 WHEREAS, the City has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such revision which is before Council;

 NOW, THEREFORE, be it ordained, by the Council of the Village of Granville, State of Ohio:

 Section I: That the ordinances of the Village of Granville, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections within the 2004 Replacement Pages to the Codified Ordinances, are hereby approved and adopted.

 Section II: That the following sections and chapters are hereby added, amended or repealed as respectively indicated in order to comply with current State law.

Traffic Code

301.201 Operate Defined. (Added) 301.251 Predicate Motor Vehicle or Traffic Offense Defined. (Added) 301.51 Vehicle Defined. (Amended) 303.01 Compliance With Lawful Order of Police Officer; Fleeing. (Amended) 303.02 Traffic Direction in Emergencies; Obedience to School Guard. (Amended) 303.04 Road Workers, Motor Vehicles and Equipment Excepted. (Amended) 303.06 Freeway Use Prohibited By Pedestrians, Bicycles and Animals. (Amended) 303.08 Impounding of Vehicles; Redemption. (Amended) 303.082 Private Tow-Away Zones. (Amended) 303.09 Leaving Junk and Other Vehicles on Private or Public Property Without Permission or Notification. (Amended) 303.10 Leaving Junk Vehicle on Private Property With Permission of Owner. (Amended) 303.99 General Traffic Code Penalties. (Amended) 311.01 Placing Injurious Material or Obstruction in Street. (Amended) 311.02 Parades and Assemblages. (Amended) 311.03 Toy Vehicles on Streets. (Amended) 313.01 Obedience to Traffic Control Devices. (Amended) 313.03 Traffic Control Signal Terms and Lights. (Amended) 313.04 Lane-Use Control Signals Over Individual Lanes. (Amended) 313.05 Pedestrian Control Signals. (Amended) 313.06 Flashing Traffic Signals. (Amended) 313.07 Unauthorized Signs and Signals, Hiding From View, Advertising. (Amended) 313.08 Alteration, Injury, Removal of Traffic Control Devices. (Amended) 313.09 Driver’s Duties Upon Approaching Ambiguous or Non-Working Traffic Signal. (Amended) 313.10 Unlawful Purchase, Possession or Sale. (Amended) 331.01 Driving Upon Right Side of Roadway; Exceptions. (Amended) 331.02 Passing to Right When Proceeding in Opposite Directions. (Amended) 331.03 Overtaking, Passing to Left; Driver’s Duties. (Amended)

 Traffic Code (cont.)

 331.04 Overtaking and Passing Upon Right. (Amended) 331.05 Overtaking, Passing to Left of Center. (Amended) 331.06 Additional Restrictions on Driving Upon Left Side of Roadway. (Amended) 331.07 Hazardous or No Passing Zones. (Amended) 331.08 Driving in Marked Lanes or Continuous Lines of Traffic. (Amended) 331.09 Following Too Closely. (Amended) 331.10 Turning at Intersections. (Amended) 331.11 Turning Into Private Driveway, Alley or Building. (Amended) 331.12 “U” Turns Restricted. (Amended) 331.13 Starting and Backing Vehicles. (Amended) 331.14 Signals Before Changing Course, Turning or Stopping. (Amended) 331.15 Hand and Arm Signals. (Amended) 331.16 Right of Way at Intersections. (Amended) 331.17 Right of Way When Turning Left. (Amended) 331.18 Operation of Vehicle at Yield Signs. (Amended) 331.19 Operation of Vehicle at Stop Signs. (Amended) 331.20 Emergency or Public Safety Vehicles at Stop Signals or Signs. (Amended) 331.21 Right of Way of Public Safety or Coroner’s Vehicle. (Amended) 331.22 Driving Onto Roadway From Place Other Than Roadway: Duty to Yield. (Amended) 331.23 Driving Onto Roadway From Place Other Than Roadway: Stopping At Sidewalk. (Amended) 331.24 Right of Way of Funeral Procession. (Amended) 331.25 Driver’s View and Control To Be Unobstructed By Load or Persons. (Amended) 331.26 Driving Upon Street Posted As Closed For Repair. (Amended) 331.27 Following and Parking Near Emergency or Safety Vehicles. (Amended) 331.28 Driving Over Fire Hose. (Amended) 331.29 Driving Through Safety Zone. (Amended) 331.30 One-Way Streets and Rotary Traffic Islands. (Amended) 331.31 Driving Upon Divided Roadways. (Amended) 331.32 Entering and Exiting Controlled-Access Highway. (Amended) 331.33 Obstructing Intersection, Crosswalk or Grade Crossing. (Amended) 331.34 Failure To Control; Weaving; Full Time and Attention. (Amended) 331.35 Occupying a Moving Trailer or Manufactured or Mobile Home. (Amended) 331.36 Squealing Tires, “Peeling”, Cracking Exhaust Noises. (Amended) 331.37 Driving Upon Sidewalks, Street Lawns or Curbs. (Amended) 331.38 Stopping For School Bus; Discharging Children. (Amended) 331.39 Driving Across Grade Crossing. (Amended) 331.40 Stopping at Grade Crossing. (Amended) 331.41 Shortcutting; Avoiding Traffic Control Devices. (Amended) 331.42 Littering From Motor Vehicle. (Amended) 331.43 Wearing Earplugs or Earphones Prohibited. (Amended) 333.01 Driving or Physical Control While Under the Influence. (Amended) 333.02 Operation in Willful or Wanton Disregard of Safety. (Amended) 333.03 Maximum Speed Limits; Assured Clear Distance Ahead. (Amended) 333.031 Approaching a Stationary Public Safety Vehicle. (Amended) 333.04 Stopping Vehicle; Slow Speed; Posted Minimum Speeds. (Amended) 333.05 Speed Limitations Over Bridges. (Amended) 333.07 Street Racing Prohibited. (Amended) 333.08 Operation Without Reasonable Control. (Amended) 333.09 Reckless Operation on Streets, Public or Private Property. (Amended) 335.01 Driver’s License or Commercial Driver’s License Required. (Amended) 335.02 Permitting Operation Without Valid License; One License Permitted. (Amended) 335.03 Driving With Temporary Instruction Permit; Curfew. (Amended) 335.031 Driving With Probationary License; Curfew. (Amended) 335.04 Certain Acts Prohibited. (Amended) 335.05 Wrongful Entrustment of a Motor Vehicle. (Amended) 335.06 Display of License. (Amended) 335.07 Driving Under Suspension or License Restriction. (Amended) 335.071 Driving Under OVI Suspension. (Added) Traffic Code (Cont.)

 335.072 Driving Under Financial Responsibility Law Suspension or Cancellation. (Added) 335.073 Driving Without Complying With License Reinstatement Requirements. (Added) 335.08 Operation or Sale Without Certificate of Title. (Amended) 335.09 Display of License Plates. (Amended) 335.10 Expired or Unlawful Plates. (Amended) 335.11 Use of Illegal License Plates; Transfer of Registration. (Amended) 335.12 Stopping After Accident Upon Streets; Collision With Unattended Vehicle. (Amended) 335.13 Stopping After Accident Upon Property Other Than Street. (Amended) 335.14 Vehicle Accident Resulting in Damage to Realty. (Amended) 337.01 Driving Unsafe Vehicles. (Amended) 337.02 Lighted Lights; Measurement of Distances and Heights. (Amended) 337.03 Headlights on Motor Vehicles and Motorcycles. (Amended) 337.04 Tail Light; Illumination of Rear License Plate. (Amended) 337.05 Rear Red Reflectors. (Amended) 337.06 Safety Lighting on Commercial Vehicles. (Amended) 337.07 Obscured Lights on Vehicles in Combination. (Amended) 337.08 Red Light or Red Flag on Extended Loads. (Amended) 337.09 Lights on Parked or Stopped Vehicles. (Amended) 337.10 Lights on Slow-Moving Vehicles; Emblem Required. (Amended) 337.11 Spotlight and Auxiliary Lights. (Amended) 337.12 Cowl, Fender and Back-Up Lights. (Amended) 337.13 Display of Lighted Lights. (Amended) 337.14 Use of Headlight Beams. (Amended) 337.15 Lights of Less Intensity on Slow-Moving Vehicles. (Amended) 337.16 Number of Lights; Limitations on Flashing, Oscillating or Rotating Lights. (Amended) 337.17 Focus and Aim of Headlights. (Amended) 337.18 Motor Vehicle and Motorcycle Brakes. (Amended) 337.19 Horn, Siren and Theft Alarm Signal. (Amended) 337.20 Muffler; Muffler Cutout; Excessive Smoke, Gas or Noise. (Amended) 337.21 Rear-view Mirror; Clear View to Front, Both Sides and Rear. (Amended) 337.22 Windshield and Windshield Wiper; Sign or Poster Thereon. (Amended) 337.23 Limited Load Extension on Left Side of Passenger Vehicle. (Amended) 337.24 Motor Vehicle Stop Lights. (Amended) 337.25 Air Cleaner Required. (Amended) 337.26 Child Restraint System Usage. (Amended) 337.27 Drivers and Passengers Required to Wear Seat Belts. (Amended) 337.28 Use of Sunscreening, Nontransparent and Reflectorized Materials. (Amended) 337.29 Bumper Heights. (Amended) 337.30 Directional Signals Required. (Amended) 339.01 Oversize or Overweight Vehicle Operation on State Routes; State Permit. (Amended) 339.02 Use of Local Streets; Local Permit and Conditions. (Amended) 339.03 Maximum Width, Height and Length. (Amended) 339.05 Wheel Protectors. (Amended) 339.06 Vehicles Transporting Explosives. (Amended) 339.07 Towing Requirements. (Amended) 339.08 Loads Dropping or Leaking; Removal Required; Tracking Mud. (Amended) 339.09 Shifting Loads; Loose Loads. (Amended) 339.10 Vehicles With Spikes, Lugs or Chains. (Amended) 339.11 Use of Studded Tires and Chains. 341.01 Commercial Drivers Definitions. (Amended) 341.02 Exemptions. (Amended) 341.03 Prerequisites to Operation of a Commercial Motor Vehicle. (Amended) 341.04 Prohibitions. (Amended) 341.05 Criminal Offenses. (Amended) 341.06 Employment of Drivers of Commercial Vehicles. (Amended) 351.03 Prohibited Standing or Parking Places. (Amended) 351.04 Parking Near Curb; Handicapped Locations on Public and Private Lots and Garages. (Amended) 351.05 Manner of Angle Parking. (Amended) 351.06 Selling, Washing or Repairing Vehicle Upon Roadway. (Amended) 351.07 Unattended Vehicle: Duty to Stop Engine, Remove Key, Set Brake and Turn Wheels. (Amended) Traffic Code (cont.)

 351.08 Opening Vehicle Door on Traffic Side. (Amended) 351.09 Truck Loading Zones. (Amended) 351.10 Bus Stops and Taxicab Stands. (Amended) 351.11 Parking in Alleys and Narrow Streets; Exceptions. (Amended) 351.12 Prohibition Against Parking on Streets or Highways. (Amended) 351.13 Parking on Posted Private Property. (Amended) 371.01 Right of Way in Crosswalk. (Amended) 371.02 Right of Way of Blind Person. (Amended) 371.03 Crossing Roadway Outside Crosswalk; Diagonal Crossings at Intersections. (Amended) 371.04 Moving Upon Right Half of Crosswalk. (Amended) 371.05 Walking Along Highways. 371.06 Use of Highway for Soliciting; Riding On Outside of Vehicles. (Amended) 371.07 Right of Way on Sidewalk. (Amended) 371.08 Yielding to Public Safety Vehicle. (Amended) 371.09 Walking on Highway While Under the Influence. (Amended) 371.10 On Bridges or Railroad Crossings. (Amended) 371.11 Persons Operating Motorized Wheelchairs. (Amended) 371.12 Electric Personal Assistive Mobility Devices. (Amended) 373.02 Riding Upon Seats; Handle Bars; Helmets and Glasses. (Amended) 373.03 Attaching Bicycle or Sled to Vehicle. (Amended) 373.04 Riding Bicycles and Motorcycles Abreast. (Amended) 373.05 Signal Device on Bicycle. (Amended) 373.06 Lights and Reflector on Bicycle; Brakes. (Amended) 373.07 Riding Bicycle on Right Side of Roadway; Obedience to Traffic Rules; Passing. (Amended) 373.08 Reckless Operation; Control, Course and Speed. (Amended) 373.09 Parking of Bicycle. (Amended) 373.10 Motorized Bicycle Operation, Equipment and License. (Amended) 373.11 Paths Exclusively for Bicycles. (Amended) 375.02 Snowmobile, Off-Highway Motorcycle and All- Purpose Vehicle Equipment. (Amended) 375.03 Code Application; Prohibited Operation. (Amended) 375.05 Licensing Requirements of Operator. (Amended) 375.06 Registration of Vehicles. (Amended) 375.07 Accident Reports. (Amended) 375.08 Certificate of Title. (Amended) General Offenses Code

 501.02 Classification of Offenses. (Amended) 501.99 Penalties for Misdemeanors. (Amended) 513.02 Gift of Marihuana. (Amended) 513.03 Drug Abuse; Controlled Substance Possession or Use. (Amended) 513.04 Possessing Drug Abuse Instruments. (Amended) 513.05 Permitting Drug Abuse. (Amended) 513.06 Illegal Cultivation of Marihuana. (Amended) 513.07 Possessing or Using Harmful Intoxicants. (Amended) 513.08 Illegally dispensing drug samples. (Amended) 513.12 Drug Paraphernalia. (Amended) 529.021 Purchase by Minor. (Amended) 529.04 Liquor Consumption in Motor Vehicle. (Amended) 533.01 Sexual Offenses Definitions. (Amended) 533.02 Presumption of Knowledge; Actual Notice and Defense. (Amended) 533.09 Soliciting. (Amended) 533.11 Disseminating Matter Harmful to Juveniles. (Amended) 537.02 Vehicular Homicide and Manslaughter. (Amended) 537.03 Assault. (Amended) 537.051 Menacing by Stalking. (Amended) 537.07 Endangering Children. (Amended) 537.09 Coercion. (Amended) 537.14 Domestic Violence. (Amended) 537.15 Temporary Protection Order. (Amended) 537.18 Contributing to Unruliness or Delinquency of a Child. (Amended) 

 

 Section III: That the complete text of the sections listed above are set forth in full in the current replacement pages to the Codified Ordinances which are hereby attached to this ordinance as Exhibit A. The listing above of each new section by reference to its title shall constitute sufficient publication of new matter contained therein.

 Section IV: That this ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety of the Municipality and its inhabitants for the reason that there exists an imperative necessity for the earliest publication and distribution of current Replacement Pages to the officials and residents of the Municipality, so as to facilitate administration, daily operation and avoid practical and legal entanglements, including conflict with general State law, and shall go into effect immediately except that the amendments or additions listed in Section II shall be effective January 1, 2004, or on the effective date of this ordinance, whichever date is later. 

Ordinance 26-03

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2004 and ending December 31, 2004 and; 

 WHEREAS, the Manager has submitted a proposed budget with estimates and explanatory data, and;

 WHEREAS, a public hearing has been held and said budget with estimates as required by Section 6.06 of Article VI of the Charter.

 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO a majority of the members elected thereto herein concurring that, to provide for the current expenses and other expenditures of said Village of Granville during the fiscal year ending December 31, 2004, the following sums be and are hereby set aside and appropriated as follows, vis:

Section I: The annual budget submitted by the Manager in accordance with the provisions of Section 6.05, Article VI, of the Charter, be and the same hereby is adopted.

Section II: That there be appropriated from the GENERAL FUND:

Program I - Security Of Persons And Property

A-1-1-A POLICE LAW ENFORCEMENT 211 Salaries/Wages $518,967 212 Employee Benefits $158,640 230 Contractual Services $ 52,150 240 Supplies & Materials $ 46,200 250 Capital Outlay $ 38,000 270 Transfers $ 2,100 TOTAL $816,057 

A1-1-C STREET LIGHTING 230 Contractual Services $ 34,300 250 Capital Outlay $ 35,000 TOTAL $ 69,300 

TOTAL PROGRAM I - SECURITY OF PERSON AND PROPERTY $885,357 

Program II - Public Health And Human Services

A1-2-B COUNTY HEALTH DISTRICT 230 Contractual Services $ 20,000 TOTAL $ 20,000 

TOTAL PROGRAM II - PUBLIC HEALTH AND HUMAN SERVICES $20,000 

Program IV - Community Environment

A1-4-F COMMUNITY SERVICES 230 Contractual Services $101,100 240 Supplies & Materials $ 5,000 250 Capital Outlay $ 15,500 270 Transfers $ 10,000 TOTAL $ 131,600

TOTAL PROGRAM IV - COMMUNITY ENVIRONMENT $131,600

Program VI - Transportation

A1-6-A STREET CONSTRUCTION 230 Contractual Services $ 95,000 250 Capital Outlay $760,000 260 Debt Service $ 30,988 270 Transfer $ 10,000 TOTAL $ 895,988

A1-6-B STREET MAINTENANCE AND REPAIR 211 Salaries/Wages $322,286 212 Employee Benefits $ 95,988 230 Contractual Services $ 73,030 240 Supplies & Materials $ 20,520 270 Transfers $ 55,000 TOTAL $ 566,824 A1-6-D STORM SEWERS AND DRAINS 230 Contractual Services $ 17,500 240 Supplies & Materials $ 11,550 250 Capital Outlay $225,000 TOTAL $ 254,050

A1-6-G SIDEWALKS 250 Capital Outlay $ 70,600 TOTAL $ 70,600 

TOTAL PROGRAM VI - TRANSPORTATION $1,787,462 

Program VII - General Government

A1-7-A ADMINISTRATIVE OFFICES 211 Salaries/Wages $192,781 212 Employee Benefits $ 73,717 230 Contractual Services $ 27,477 240 Supplies & Materials $ 13,500 TOTAL $ 307,475 A1-7-B LEGISLATIVE ACTIVITIES 211 Salaries/Wages $ 3,000 212 Employee Benefits $ 450 230 Contractual Services $ 31,500 240 Supplies & Materials $ 5,500 TOTAL $ 40,450

A1-7-C MAYOR'S COURT 211 Salaries/Wages $ 54,356 212 Employee Benefits $ 10,599 230 Contractual Services $ 4,750 240 Supplies & Materials $ 2,500 TOTAL $ 72,205

A1-7-D INCOME TAX 211 Salaries/Wages $ 43,184 212 Employee Benefits $ 12,458 230 Contractual Services $ 5,200 240 Supplies & Materials $ 6,500 280 Refunds $ 45,000 TOTAL $ 112,342 A1-7-E LANDS & BUILDINGS 211 Salaries/Wages $ 15,200 212 Employee Benefits $ 2,780 230 Contractual Services $140,900 240 Supplies & Material $ 8,000 250 Capital Outlay $187,000 260 Debt Service $267,000 270 Transfers $125,000 TOTAL $ 745,880 

A1-7-F BOARDS & COMMISSIONS 211 Salaries/Wages $ 48,560 212 Employee Benefits $ 10,884 230 Contractual Services $ 104,000 240 Supplies & Materials $ 8,200 TOTAL $171,644

A1-7-G COUNTY AUDITOR & TREASURERS' FEES 230 Contractual Services $ 5,500 TOTAL $ 5,500

A1-7-H TAX DELINQUENT LAND ADVERTISING 230 Contractual Services $ 325 TOTAL $ 325

A1-7-I STATE AUDITOR’S FEES 230 Contractual Services $ 8,000 TOTAL $ 8,000

A1-7-J ELECTION 230 Contractual Services $ 2,500 TOTAL $ 2,500

A1-7-K LAW 211 Salaries/Wages $ 28,800 212 Employee Benefits $ 4,920 230 Contractual Services $ 30,000 240 Supplies & Materials $ 1,000 TOTAL $ 64,720 

TOTAL PROGRAM VII - GENERAL GOVERNMENT $1,531,041 GRAND TOTAL GENERAL FUND APPROPRIATIONS $4,355,460 

Section III: That there be appropriated from the following SPECIAL REVENUE FUNDS: 

B1-6-B STREET & MAINTENANCE REPAIR 230 Contractual Services $ 12,250 240 Supplies & Materials $111,756 TOTAL $124,006 B2-6-B STATE HIGHWAY FUND 230 Contractual Services $ 17,000 TOTAL $ 17,000

B8-6-B COUNTY PERMISSIVE TAX FUND 250 Capital Outlay $ 0 TOTAL $ 0 

Section IV: That there be appropriated from the following BROADWAY BED FUND:

B4-3-F 250 Capital Outlay $ 0 TOTAL $ 0 

Section V: That there be appropriated from the following LAW ENFORCEMENT TRUST FUND:

B9-1-A LAW ENFORCEMENT TRUST FUND 240 Supplies & Materials $ 500 TOTAL $ 500 GRAND TOTAL SPECIAL REVENUE FUND $141,506 

Section VI: That there be appropriated from the following ENTERPRISE FUNDS: 

E1- WATER FUND

E1-5-E PRODUCTION 211 Salaries/Wages $145,071 212 Employee Benefits $ 66,270 230 Contractual Services $ 132,170 240 Supplies & Materials $ 57,840 250 Capital Outlay $ 40,500 260 Debt Service $ 57,345 270 Transfers $ 20,025 280 Refunds $ 200 TOTAL $519,421 E1-5-F WATER DISTRIBUTION 211 Salaries/Wages $ 44,545 212 Employee Benefits $ 17,882 230 Contractual Services $ 21,400 240 Supplies & Materials $ 24,850 270 Transfers $ 4,000 TOTAL $112,677 

TOTAL FOR E-1 - WATER FUND APPROPRIATION $632,098

E2 - SEWAGE 

E2-5-G SEWAGE TREATMENT 211 Salaries/Wages $ 87,566 212 Employee Benefits $ 35,264 230 Contractual Services $134,670 240 Supplies & Material $ 49,250 250 Capital Improvements $ -0- 270 Transfers $ 23,252 280 Refunds $ 200 TOTAL $330,202

E2-5-H SEWAGE COLLECTION 211 Salaries \ Wages $ 41,288 212 Employee Benefits $ 12,493 230 Contractual Services $ 46,500 240 Supplies & Materials $ 14,400 250 Capital Improvements $ -0- 270 Transfers $ 16,500 TOTAL $131,181

TOTAL FOR E2 SEWER FUND APPROPRIATIONS $461,383

C1 SEWER DEBT SERVICE FUND 260 Debt Service $309,000

E91 WATER CAPITAL IMPROVEMENTS FUND 250 Capital Outlay $155,000 280 Refunds $ 3,000 TOTAL $158,000 

C-3 SEWER REPLACEMENT & IMPROVEMENT FUND 250 Capital Outlay $ 80,000 TOTAL $ 80,000 GRAND TOTAL ENTERPRISE FUND: $1,640,481 

Section VII: That there be appropriated from the INTERNAL SERVICE FUND: 

F1-3-I PARK MAINTENANCE IMPROVEMENT FUND 250 Capital Outlay $ 24,500 $ 24,500 

F2 EQUIPMENT RESERVE FUND 250 Capital Outlay $ 44,200 TOTAL $ 44,200

A2-7-E MUNICIPAL BUILDING RESERVE 250 Capital Outlay $ 0 TOTAL $ 0 A6-6-B ROAD IMPROVEMENT RESERVE 250 Capital Outlay $ 0 TOTAL $ 0 

GRAND TOTAL INTERNAL SERVICE FUND $ 68,700 

Section VIII: That there be appropriated from the SPECIAL ASSESSMENT FUND: H1-1 EAST WATERLINE H1-1-A Incidental Expenses $ 1,000 H1-1-B Principal $ 11,350 H1-1-C Interest $ 7,850 TOTAL $20,200 H4-4 WESTGATE SEWER H4-4-A Incidental Expenses $ 500 H4-4-B Principal $ 5,000 H4-4-C Interest $ 3,800 TOTAL $ 9,300

 GRAND TOTAL SPECIAL ASSESSMENT FUND $29,500 

 Section IX: Sums expected from the above appropriation which are proper charges against any other department or against any firm, person, or corporation, if repaid within the period covered by such appropriation, shall be considered re-appropriated for such original purposes, provided that the net total of the expenditures under any appropriation shall not exceed the original total. 

Section X: That this ordinance therefore shall become effective as of January 1, 2004, for the purpose of effecting expenditures within the limitations herein set forth, during the fiscal year extending from that date to December 31, 2004. This appropriation ordinance shall become effective as provided in Section 6.07, Article VI of the Charter of the Village of Granville, Ohio, and shall take effect and be in force from and after the earliest date allowed by law. 

Ordinance 25-03

 VILLAGE OF GRANVILLE, OHIO ORDINANCE NO. 25-03 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,429,250 OF NOTES BY THE VILLAGE OF GRANVILLE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING THE MANSION BUILDING PROPERTY LOCATED AT 537 JONES ROAD FOR VILLAGE PURPOSES, AND DECLARING AN EMERGENCY. WHEREAS, this council has heretofore determined the necessity of acquiring the mansion building property located at 537 Jones Road for village purposes (the “Project”); WHEREAS, the Director of Finance has heretofore certified that the maximum maturity of bonds issued for such purpose is thirty (30) years, and the maximum maturity of notes issued in anticipation of such bonds is twenty (20) years; WHEREAS, this council expects that the debt service on such bonds will be paid from the general revenues of this village, and on such notes from such general revenues and the proceeds of such bonds or renewal notes (collectively, the “Revenues”); and WHEREAS, notes heretofore for the Project (the “Prior Notes”) are about to mature and should be renewed in the amount of $1,429,250; NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio (hereinafter called the “Municipality”): SECTION 1. That it is necessary to issue bonds of the Municipality in the principal amount of $1,429,250, for the purpose of paying part of the cost of the Project. Such bonds shall be dated approximately December 1, 2004, shall bear interest at the rate of approximately seven per cent (7%) per annum and shall mature in substantially equal annual installments of principal and interest over a period not exceeding thirty (30) years after their issuance. SECTION 2. That it is hereby determined that notes (hereinafter called the “Notes”) in the principal amount of $1,429,250 shall be issued in anticipation of the issuance of said bonds. SECTION 3. That the Notes shall (i) be dated the date of their initial issuance, (ii) bear interest at the rate of one and thirty-nine hundredths per cent (1.39%) per annum, payable at maturity, (iii) mature not more than one year from such date of initial issuance, and (iv) be of such number and denominations as may be requested by the purchaser. SECTION 4. That the Notes shall be in either bearer or fully registered form without coupons, as may be requested by the purchaser, shall bear the signatures of the Village Manager and Director of Finance, provided that one of such signatures may be a facsimile, and may bear the seal of the Municipality or a facsimile thereof. Payment of the principal of and interest on each Note in fully registered form shall be made only to the person whose name appears on the Note registration records as the registered holder thereof. The Notes shall be designated “Real Estate Acquisition Bond Anticipation Notes, First (2003) Renewal”, and shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this ordinance. The Municipality may deem and treat the registered holders of Notes in fully registered form as the absolute owners thereof for all purposes, and the Municipality shall not be affected by any notice to the contrary. SECTION 5. That the Notes shall be sold, at not less than par and accrued interest, to Fifth Third Bank, Columbus, Ohio, in accordance with its offer to purchase, which is hereby accepted. The proceeds from the sale of the Notes, except any premium or accrued interest thereon, shall be paid into the proper fund and used for the purpose aforesaid and for no other purpose, and for which purpose such proceeds are hereby appropriated. Any premium and accrued interest received from such sale shall be transferred to the bond retirement fund to be applied to the payment of principal and interest on the Notes in the manner provided by law. SECTION 6. That the Notes shall be the full general obligations of the Municipality, and the full faith, credit and revenue of the Municipality are hereby pledged for the prompt payment of the same. The par value received from the sale of bonds anticipated by the Notes, and any excess fund resulting from the issuance of the Notes, shall to the extent necessary be used only for the retirement of the Notes at maturity, together with interest thereon and is hereby pledged for such purpose. SECTION 7. That during the period while the Notes run, there shall be levied upon all of the taxable property in the Municipality, within applicable limitations, in addition to all other taxes, a direct tax annually, not less than that which would have been levied if bonds had been issued without the prior issue of the Notes; said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from said tax levy hereby required shall be placed in a separate and distinct fund and, together with interest collected on the same, shall be irrevocably pledged for the payment of the principal and interest of the Notes, or the bonds in anticipation of which they are issued, when and as the same fall due; provided, however, to the extent Revenues or other moneys are available and appropriated for debt service in a sufficient amount, said tax shall not be collected for such purpose. SECTION 8. That this council, for and on behalf of the Municipality, hereby covenants that it will restrict the use of the proceeds of the Notes hereby authorized in such manner and to such extent, if any, and take such other actions, as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute obligations the interest on which is subject to federal income taxation or “arbitrage bonds” under Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations prescribed thereunder and will, to the extent possible, comply with all other applicable provisions of the Code and the regulations thereunder to retain the exclusion from federal income taxation for interest on the Notes, including any expenditure requirements, investment limitations or rebate requirements or use restrictions. The Director of Finance or any other officer having responsibility with respect to the issuance of the Notes is authorized and directed to give an appropriate certificate on behalf of the Municipality, on the date of delivery of the Notes for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of the Code and the regulations thereunder. SECTION 9. That the Notes are hereby designated as “qualified tax exempt obligations” to the extent permitted by Section 265(b) of the Code. This council finds and determines that the reasonably anticipated amount of tax exempt obligations (whether or not designated as qualified) issued and to be issued by the Municipality during this calendar year including the Notes does not, and this council hereby covenants that, during such year, the amount of tax exempt obligations issued by the Municipality and designated as “qualified tax exempt obligations” for such purpose will not, exceed $10,000,000. The Director of Finance and other appropriate officers, and any of them, are authorized to take such actions and give such certifications on behalf of the Municipality with respect to the reasonably anticipated amount of tax exempt obligations to be issued by the Municipality during this calendar year and with respect to such other matters as appropriate under the Code. SECTION 10. That for purposes of this ordinance, the following terms shall have the following meanings: “Book entry form” or “book entry system” means a form or system under which (i) the beneficial right to payment of principal of and interest on the Notes may be transferred only through a book entry, and (ii) physical Note certificates in fully registered form are issued only to the Depository or its nominee as registered owner, with the Notes “immobilized” to the custody of the Depository, and the book entry maintained by others than the Municipality is the record that identifies the owners of beneficial interests in those Notes and that principal and interest. “Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, together with its Participants or otherwise, a book entry system to record ownership of beneficial interests in Notes or principal and interest, and to effect transfers of Notes, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York. “Participant” means any participant contracting with a Depository under a book entry system and includes security brokers and dealers, banks and trust companies, and clearing corporations. At the request of the purchaser, all or any portion of the Notes may be initially issued to a Depository for use in a book entry system, and the provisions of this Section shall apply to such Notes, notwithstanding any other provision of this ordinance. If and as long as a book entry system is utilized with respect to any of such Notes: (i) there shall be a single Note of each maturity; (ii) those Notes shall be registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (iii) the beneficial owners of Notes in book entry form shall have no right to receive Notes in the form of physical securities or certificates; (iv) ownership of beneficial interests in any Notes in book entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of beneficial interests shall be made only by book entry by the Depository and its Participants; and (v) the Notes as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Municipality. Debt service charges on Notes in book entry form registered in the name of a Depository or its nominee shall be payable in the manner provided in the Municipality’s agreement with the Depository to the Depository or its authorized representative (i) in the case of interest, on each interest payment date, and (ii) in all other cases, upon presentation and surrender of Notes as provided in this ordinance. The Paying Agent and Registrar may, with the approval of the Municipality, enter into an agreement with the beneficial owner or registered owner of any Note in the custody of a Depository providing for making all payments to that owner of principal and interest on that Note or any portion thereof (other than any payment of the entire unpaid principal amount thereof) at a place and in a manner (including wire transfer of federal funds) other than as provided in this ordinance, without prior presentation or surrender of the Note, upon any conditions which shall be satisfactory to the Paying Agent and Registrar and to the Municipality. That payment in any event shall be made to the person who is the registered owner of that Note on the date that principal is due, or, with respect to the payment of interest, as of the applicable date agreed upon as the case may be. The Paying Agent and Registrar shall furnish a copy of each of those agreements, certified to be correct by the Paying Agent and Registrar, to any other paying agents for the Notes and to the Municipality. Any payment of principal or interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for all purposes of, this ordinance. The Director of Finance is authorized and directed without further action of this council to execute, acknowledge and deliver, in the name of and on behalf of the Municipality, a blanket letter agreement between the Municipality and The Depository Trust Company, as Depository, to be delivered in connection with the issuance of the Notes to the Depository for use in a book entry system, and to take all other actions the Director of Finance deems appropriate in issuing the Notes under a book entry system. If any Depository determines not to continue to act as Depository for the Notes for use in a book entry system, the Municipality and the Paying Agent and Registrar may attempt to establish a securities depository/book entry relationship with another qualified Depository under this ordinance. If the Municipality and the Paying Agent and Registrar do not or are unable to do so, the Municipality and the Paying Agent and Registrar, after the Paying Agent and Registrar has made provision for notification of the beneficial owners by the then Depository, shall permit withdrawal of the Notes from the Depository and authenticate and deliver Note certificates in fully registered form to the assigns of the Depository or its nominee, all at the cost and expense (including costs of printing definitive Notes), if the event is not the result of action or inaction by the Municipality or the Paying Agent and Registrar, of those persons requesting such issuance. SECTION 11. That the Director of Finance is hereby directed to forward a certified copy of this ordinance to the county auditor. SECTION 12. That it is found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were passed 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 the law, including Section 121.22 of the Ohio Revised Code. SECTION 13. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, morals and welfare of the inhabitants of the Municipality for the reason that the immediate issuance and sale of the Notes is necessary to retire the Prior Notes in a timely manner and to provide for the orderly financing of the Project, and, therefore, provided this ordinance receives the affirmative vote of at least five members elected or appointed to this council, it shall be in full force and effect immediately upon its passage. PASSED: December 3, 2003. 

Ordinance 24-03

 AN ORDINANCE TO AMEND SECTIONS 171.01, 171.02, 171.03, 171.04, 171.05, 171.06, 171.08, 171.09, 171.10, 171.11, 171.12, 171.16, 171.17, OF CHAPTER 171 OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO, ESTABLISHING INCOME TAX REGULATIONS, TO REPEAL EXISTING SECTIONS 171.01, 171.02, 171.03, 171.04, 171.05, 171.06, 171.08, 171.09, 171.10, 171.11, 171.12, 171.16, 171.17, AND TO ADD SECTION 171.23 TO CHAPTER 171 OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO AND DECLARING AN EMERGENCY.

WHEREAS, the State of Ohio allows municipalities to levy an income tax per Ohio Revised Code Chapter 718.

WHEREAS, House Bill 95 amended Ohio Revised Code Chapter 718 dealing with municipal income taxes and because of such changes, Granville’s current code is in conflict.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

Section I: Section 171.01 of the Codified Ordinances of Granville, Ohio is hereby amended to specify the tax is levied upon “qualifying wages” to read as follows:

 171.01 PURPOSE. To provide funds for the purposes of general municipal operations, maintenance, new equipment, extension and enlargement of municipal services and facilities and capital improvements of the Municipality there is hereby levied a tax on qualifying wages, commissions and other compensation, and on net profits and other taxable income as hereinafter provided.

Section II: Section 171.02 of the Codified Ordinances of Granville, Ohio is hereby amended by adding new definitions to read as follows:

171.02 DEFINITIONS. As used in this chapter the following words shall have the meaning ascribed to them in this section, except as and if the context clearly indicates or requires a different meaning.

(a) “Adjusted Federal Taxable Income” means a C corporation’s federal taxable income before net operating losses and special deductions as determined under the Internal Revenue Code, adjusted as follows: 1. Deduct intangible income to the extent included in federal taxable income. The deduction shall be allowed regardless of whether the intangible income relates to assets used in a trade or business or assets held for the production of income. 2. Add an amount equal to five percent (5%) of intangible income deducted under division (a)(1) of this section, but excluding that portion of intangible income directly related to the sale, exchange, or other disposition of property described in section 1221 of the Internal Revenue Code; 3. Add any losses allowed as a deduction in the computation of federal taxable income if the losses directly relate to the sale, exchange, or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code; 4. (i) Except as provided in division (a)(4) (ii) of this section, deduct income and gain included in federal taxable income to the extent the income and gain directly relate to the sale, exchange, or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code; (ii) Division (a)(4)(i) of this section does not apply to the extent the income or gain is income or gain described in section 1245 or 1250 of the Internal Revenue Code. 5. Add taxes on or measured by net income allowed as a deduction in the computation of federal taxable income; 6. In the case of a real estate investment trust and regulated investment company, add all amounts with respect to dividends to, distributions to, or amounts set aside for or credited to the benefit of investors and allowed as a deduction in the computation of federal taxable income; 7. If the taxpayer is not a C corporation and is not an individual, the taxpayer shall compute adjusted federal taxable income as if the taxpayer were a C corporation, except; (i) Guaranteed payments and other similar amounts paid or accrued to a partner, former partner, member, or former member shall not be allowed as a deductible expense; and (ii) Amounts paid or accrued to a qualified self-employed retirement plan with respect to an owner or owner-employee of the taxpayer, amounts paid or accrued to or for health insurance for an owner or owner-employee, and amounts paid or accrued to or for life insurance for an owner or owner-employee shall not be allowed as a deduction.

 Nothing in division (a) of this section shall be construed as allowing the taxpayer to add or deduct any amount more than once or shall be construed as allowing any taxpayer to deduct any amount paid to or accrued for purposes of federal self-employment tax.

 Nothing in this chapter shall be construed as limiting or removing the ability of any municipal corporation to administer, audit, and enforce the provisions of its municipal income tax.

(b) “Association” means a partnership, limited partnership, S corporation or any other form of unincorporated enterprise owned by one or more persons.

(c) “Board of Review” means the Board created by and constituted as provided for in Section 171.17.

(d) “Business” means an enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity, including but not limited to the renting or leasing of property, real personal or mixed.

(e) “Corporation” means a corporation or joint stock association organized under the laws of the United States, the State of Ohio or any other state, territory or foreign country or dependency.

(f) “Domicile” means a principal residence that the taxpayer intends to use for an indefinite time and to which whenever he is absent he intends to return. A taxpayer has only one domicile even through he may have more than one residence.

(g) “Employee” means one who works for wages, salary, commission or other types of compensation in the services of an employer.

(h) “Employer” means an individual, partnership, association, corporation, governmental body, unit or agency, or any other entity, whether or not organized for profit, who or that employs one or more persons on a salary, wage, commission or other compensation basis.

(i) “Fiscal year” means an accounting period of twelve months or less ending on any day other than December 31.

(j) “Generic Form” means an electronic or paper form designed for reporting estimated municipal income taxes and annual municipal income tax liability or for filing a refund claim that is not prescribed by a particular municipal corporation for the reporting of that municipal corporation’s tax on income.

(k)“Gross receipts” means total income of taxpayers from whatever source derived.

(l) “Income From a Pass-through Entity” means partnership income of partners, membership interests of members of a limited liability company, distributive shares of shareholders of an S corporation, or other distributive or proportionate ownership shares of income from other pass- through entities.

(m) “Intangible Income” means income of any of the following types: income yield, interest, capital gains, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Chapter 5701 of the Ohio Revised Code, and patents, copyrights, trademarks, trade names, investments in real estate investment trusts, investments in regulated investment companies, and appreciation on deferred compensation. “Intangible income” does not include prizes, awards, or other income associated with any lottery winnings or other similar games of chance.

(n) “Internal Revenue Code” means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.1, as amended.

(o) “Internet” means the international computer network of both Federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the World Wide Web.

(p) “Limited Liability Company” means a limited liability company formed under Chapter 1705 of the Ohio Revised code or under the laws of another state.

(q) “Municipality” means the Municipality of Granville, Ohio.

(r) “Net profit” for a taxpayer other than an individual means adjusted federal taxable income and “net profit” for a taxpayer who is an individual means the individual’s profit, other than the amounts described in Section 171.03, required to be reported on schedule C, schedule E or Schedule F. 

(s) “Nonqualified deferred compensation plan” means a compensation plan described in section 3121(v)(2)(C) of the Internal Revenue Code.

(t) “Nonresident” means an individual domiciled outside the Municipality.

(u) “Nonresident incorporated business entity” means an incorporated business entity not having an office or place of business within the Municipality.

(v) “Nonresident unincorporated business entity” means an unincorporated business entity not having an office or place of business within the Municipality.

(w)”Other Payer” means any person, other than an individual’s employer or the employer’s agent that pays an individual any amount included in the federal gross income of the individual.

(x) “Owner” means a partner of a partnership, a member of a limited liability company, a shareholder of an S corporation, or other person with an ownership interest in a pass-through entity.

(y)”Owner’s Proportionate Share” with respect to each owner of a pass-through entity, means the ratio of (a) the owner’s income from the pass-through entity that is subject to taxation by the municipal corporation, to (b) the total income from that entity of all owners whose income from the entity is subject to taxation by that municipal corporation.

(z)”Pass-through Entity” means a partnership, limited liability company, S corporation, or any other class of entity the income or profits from which are given pass- through treatment under the Internal Revenue Code.

(aa)“Person” includes individuals, firms, companies, business trusts, estates, trusts, partnerships, limited liability companies, associations, corporations, governmental entities, and any other entity. Whenever used in any clause prescribing and imposing a penalty, the term “person” as applied to any association shall include the partners or members thereof, and as applied to corporations, the officers thereof.

(bb)“Place of business” means any bona fide office, other than a mere statutory office, factory, warehouse or other space which is occupied and used by the taxpayer in carrying on any business activity, individually or through one or more of his employees regularly in attendance.

(cc) “Principal Place of Business” means in the case of an employer having headquarters’ activities at a place of business within a taxing municipality, the place of business at which the headquarters is situated. In the case of any employer not having its headquarters’ activities at a place of business within a taxing municipality, the term means the largest place of business located in a taxing municipality.

(dd)”Qualified Plan” means a retirement plan satisfying the requirements under section 401 of the Internal Revenue Code as amended.

(ee)”Qualified Wages” means wages, as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted in accordance with Section 718.03(A) of the Ohio Revised Code.

(ff) “Resident” means an individual domiciled in the Municipality.

(gg)”Resident Incorporated Business Entity” means an incorporated business entity whose office, place of operations or business situs is within the Municipality.

(hh)”Resident unincorporated business entity” means an unincorporated business entity having an office or place of business within the Municipality.

(ii)”Return Preparer” means any person other than a taxpayer that is authorized by a taxpayer to complete or file an income tax return, report, or other document for or on behalf of the taxpayer.

(jj)”Schedule C” means Internal Revenue Service schedule C filed by a taxpayer pursuant to the Internal Revenue Code.

(kk)”Schedule E” means Internal Revenue Service schedule E filed by a taxpayer pursuant to the Internal Revenue Code.

(ll)”Schedule F” means Internal Revenue Service schedule F filed by a taxpayer pursuant to the Internal Revenue Code.

(mm)”S corporation” means a corporation that has made an election under subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for its taxable year.

(nn) “Tax year” means the corresponding tax reporting period as prescribed for the taxpayer under the Internal Revenue Code.

(oo)“Tax Commissioner” means the Tax Commissioner of the Municipality or the person executing the duties of the aforesaid Commissioner.

(pp)“Taxpayer” means a person subject to a tax on income levied by a municipal corporation. “Taxpayer” does not include any person that is a disregarded entity or a qualifying subchapter S subsidiary for federal income tax purposes, but “taxpayer” includes any other person who owns the disregarded entity of qualifying subchapter S subsidiary.

(qq) “Taxable income” means qualifying wages paid by an employer or employers, compensation for personal services, other income defined by statute as taxable, and/or adjusted federal taxable income from the operation of a business, profession, or other enterprise or activity adjusted in accordance with the provisions of this Chapter.

(rr) “Taxing Municipality” means a municipality levying a tax on income earned by nonresidents working with such municipality or on income earned by its residents. Section III: Section 171.03 of the Codified Ordinances of Granville, Ohio is hereby amended by clarifying the tax is levied upon qualifying wages and to clarify that gambling winnings are taxable to read as follows:

171.03 IMPOSITION OF TAX. Subject to the provisions of Section 171.20, an annual tax for the purpose specified herein is hereby levied at the rate of one and one-half percent (1.5%) per year on the following:

(a) On all qualifying wages commissions, other compensation and other taxable income earned or received by residents of the Municipality during the effective period of this chapter.

(b) On all qualifying wages, commissions other compensation and other taxable income earned or received by non residents for work done or service performed or rendered in the Municipality during the effective period of this chapter.

(c) On the portion attributable to the Municipality of the net profits earned during the effective period of this chapter, of all resident unincorporated businesses, pass through entities, professions or other activities, derived from sales made, work done, services performed or rendered or business or other activities conducted in the Municipality. On the portion of the distributive share of the net profits earned by a resident owner of a resident unincorporated business entity or pass-through entity not attributable to the Municipality and not levied against such unincorporated business entity or pass-through entity.

 (d) On the portion attributable to the Municipality of the net profits, earned during the effective period of this chapter, by all nonresident unincorporated businesses, pass-through entities, professions or other activities derived from sales made, work done or services performed or rendered and business or other activities conducted in the Municipality, whether or not such unincorporated business entity has an office or place of business in the Municipality. On the portion of the distributive share of the net profits earned by a resident owner of a nonresident unincorporated business entity or pass-through entity not attributable to the Municipality and not levied against such incorporated business entity or pass-through entity.

 (e) On the portion attributable to the Municipality of the net profits earned during the effective period of this chapter by all corporations that are not pass-through entities derived from sales made, work done or services performed or rendered, and business or other activities conducted in the Municipality whether or not such corporations have an office of place of business in the Municipality.

(f) On all income received as gambling winnings as reported on IRS Form W-2G, Form 5754 and or any other Form required by the Internal Revenue Service that reports winnings from gambling, prizes and lottery winnings. Section IV: Section 171.04 of the Codified Ordinances of Granville, Ohio is hereby amended by specifying a formula to allocate net profits as follows:

171.04 ALLOCATION OF NET PROFITS. (a) This section does not apply to taxpayers that are subject to and required to file reports under Chapter 5745 of the Ohio Revised Code. Except as otherwise provided in Section 171.05 of this Chapter, net profit from a business or profession conducted both within and without the boundaries of a municipal corporation shall be considered as having a taxable situs in such a municipal corporation for the purposes of municipal income taxation in the same proportion as the average ratio of the following: 1. Multiply the entire net profits of the business by a business apportionment percent to be determined by: (i). The average original cost of the real and tangible personal property owned or used by the taxpayer in the business or profession in such municipal corporation during the taxable period to the average original cost of all of the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated. As used in the preceding paragraph, real property shall include property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight; (ii) Wages, salaries and other compensation paid during the taxable period to persons employed in the business or profession for services performed in such municipal corporation to wages, salaries, and other compensation paid during the same period to persons employed in the business or profession, wherever their services are performed, excluding compensation that is not taxable by the municipal corporation under section 718.011 of the Ohio Revised Code; (iii) Gross receipts of the business or profession from sales made and services performed during the taxable period in such municipal corporation to gross receipts of the business or profession during the same period from sales and services, wherever made or performed. (iv) Adding together the percentages determined in accordance with subsections (a)(1)(i), (ii), and (iii) hereof, or such of the aforesaid percentages as are applicable to the particular taxpayer and dividing the total so obtained by the number of percentages used in deriving such total. .a A factor is applicable even though it may be apportioned entirely in or outside the Municipality. .b Provided however, that in the event a just and equitable result cannot be obtained under the formula provided for herein, the Tax Commissioner, upon application of the taxpayer, shall have the authority to substitute other factors or methods calculated to effect a fair and proper apportionment.

2. As used in Section 1 of this section, “sale made in a municipal corporation” mean: (i) All sales of tangible personal property delivered within such municipal corporation regardless of where title passes if shipped or delivered from a stock of goods within such municipal corporation; (ii). All sales of tangible personal property delivered within such municipal corporation regardless of where title passes even though transported from a point outside such municipal corporation if the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within such municipal corporation and the sales result from such solicitation or promotion; (iii). All sales of tangible personal property shipped from a place within such municipal corporation to purchasers outside such municipal corporation regardless of where title passes if the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of sales at the place where delivery is made. 

 Section V: Section 171.06 of the Codified Ordinances of Granville, Ohio is hereby amended by clarifying consolidated returns as follows:

171.06 CONSOLIDATED RETURNS; A consolidated return may be filed by a group of corporations who are affiliated through stock ownership if that affiliated group filed for the same tax period a consolidated return for Federal Income Tax purposes pursuant to Section 1501 of the Internal Revenue Code. A consolidated return must include all companies that are so affiliated.

Section VI: Section 171.08 of the Codified Ordinances of Granville, Ohio is hereby amended by clarifying qualifying wages, allowing generic forms to be accepted, and changing the due date of returns as follows: 171.08 RETURN AND PAYMENT OF TAX. (a) Each person who engaged in business, or whose qualifying wage, commissions, other compensation, and other taxable income are subject to the tax imposed by this chapter, shall, whether or not a tax is due thereon, make and file on or before April 15 in each year, a return with the Tax Commissioner and on or before April 15 of each year thereafter. A taxpayer on a fiscal year accounting basis for Federal income tax purposes shall, beginning with his first fiscal year, any part of which falls within the effective period of this chapter, file his return within four months from the end of such fiscal year or period. The Tax Commissioner is hereby authorized to provide by regulation that the return of an employer or employers, showing the amount of tax deducted by such employer or employers from the salaries, wages, commissions or other compensation of an employee and paid by him or them to the Tax Commissioner, shall be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is such salary, wages, commissions or other compensation.

(b) The return shall be filed with the Tax Commissioner on a form or forms furnished by or obtainable upon request for the Tax Commissioner setting forth: (1) The aggregate amounts of qualifying wages, commissions other compensation received, allocated, apportioned or set aside, other income defined by statute as taxable, and gross income from any business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income, earned during the preceding year and subject to such tax; and (2) The amount of the tax imposed by this chapter on such earnings and profits; and (3) Such other pertinent statements, information returns, copies of federal or state tax returns and/or schedules, or other information as the Tax Commissioner may require, including a statement that the figures used in the return are the figures used in the return for Federal income tax, adjusted to set forth only such income as is taxable under the provisions of this chapter.

(c) The return may be filed on a generic form, if the generic form, when completed and filed, contains all the information required to be submitted with the Municipality’s prescribed returns, and if the taxpayer or return preparer filing the generic form otherwise complies with the Tax Code governing the filing of returns.

(d) (1) Any taxpayer that has requested an extension for filing a federal income tax return may request an extension for the filing of a municipal income tax return by filing a copy of the taxpayer’s federal extension request with the Municipal Tax Division. Any taxpayer not required to file a federal income tax return may request an extension for filing a municipal income tax return in writing. The request for extension must be filed on or before the original due date for the annual return. If the request is granted, the extended due date of the municipal income tax return shall be the last day of the month following the month to which the due date of the federal income tax return has been extended.

 (2) The Tax Commissioner may deny a taxpayer’s request for extension if the taxpayer: i. fails to timely file the request; or ii. fails to file a copy of the federal extension request, (if applicable); or iii. owes the Municipality any delinquent income tax, penalty, interest or other charge for the late payment or nonpayment of income tax; or ix. has failed to file any required income tax return, report, or other related document for a prior tax period.

(3) The granting of an extension for filing a Municipal tax return does not extend the due date as provided in this section for payment of the tax; hence, penalty and interest may apply to any unpaid tax during the period of extension at the rate set out by section 171.14. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the extension period provided all other filing and payment requirements of the Tax Code have been met. Any extension by the Tax Commissioner shall be granted upon the condition that declaration filing and payment requirements have been fulfilled; however, if upon further examination it then becomes evident that declaration filing and payment requirements have not been fulfilled, penalty and interest may be assessed in full and in the same manner as though no extension had been granted.

(e) (1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Tax Commissioner the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due has been deducted at the source, pursuant to the provisions of this chapter, or where any portion of such tax has been paid by the taxpayer pursuant to the provisions of Section 171.11, or where an income tax, creditable against the municipal tax pursuant to Section 171.19 has been paid to another municipality, credit for the amount so paid shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing such return.

(2) A taxpayer, who has overpaid the amount of tax to which the Municipality is entitled under the provisions of this chapter, may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment or part thereof shall be refunded, provided that no additional taxes or refunds of less than five dollars ($5.00) shall be collected or refunded. 

Section VII: Section 171.09 of the Codified Ordinances of Granville, Ohio is hereby amended by adding the specification that supporting documentation must be provided when filing an amended return as follows:

171.09 AMENDED RETURNS. (a) Where necessary an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and limitations contained in Sections 171.16 and 171.19. Such amended returns shall be on a form obtainable on request from the Tax Commissioner or on a generic form.

(b) Within three months from the final determination of any Federal tax liability affecting the taxpayer’s municipal tax liability, such taxpayer shall make and file an amended municipal return showing income subject to the Municipality tax based upon such final determination of Federal tax liability, and shall pay any additional tax shown due thereon or make claim for refund of any overpayment.

(c) Information returns, schedules and statements required to support tax returns which are incomplete without such information shall be filed within the time limits set forth for the filing of the tax returns and the failure to file such information returns, schedules and statements shall be a violation of this Tax Code. Provided, however, that the taxpayer shall have ten (10) days after notification by the Tax Commissioner to file the items required by this paragraph.

Section VIII: Section 171.10 of the Codified Ordinances of Granville, Ohio is hereby amended by raising the threshold for submitting withholding and changing the due date as follows:

171.11 COLLECTION AT SOURCE.

(a) Each employer within, or doing business within the Municipality who employs one or more persons on a salary, wage, commission or other compensation basis shall deduct at the time of the payment of such salaries, wages, commissions or other compensation, the tax of one and one- half percent (1.5%) of the qualifying wages due by such employer to each such employee and shall before the last day specified below make a return and pay to the Tax Commissioner the amount of taxes so deducted. Employers with withholding of less than three hundred dollars ($300.00) per month shall make returns on a quarterly basis, the due dates being the last day of April, July, October, and January. Employers with withholding of more than three hundred dollars ($300.00) per month must make returns on a monthly basis, the due date being the fifteenth day of the following month; any other withholding schedule shall have prior approval of or by the Tax Commissioner in writing.

(b) Each employer in collecting such tax shall be deemed to hold the same, until payment is made by such employer to the Municipality, as a trustee for the benefit of the Municipality, and any such tax collected by such employer from his employees shall, until the same is paid to the Municipality, be deemed a trust fund in the hands of such employer. Each employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not such tax, in fact, has been withheld.

(c) It shall be the responsibility, jointly and severally, of the president and treasurer of each corporation required to withhold the tax from wages of its employees under this section to see that all such taxes so withheld are paid to the Municipality in accordance with the provisions of this section. In the event taxes withheld by a corporation from the salaries of its employees are not paid to the Municipality in accordance with the provisions of this section, the president and treasurer of such corporation shall each be criminally liable under the provisions of Section 171.21 and 171.99.

(d) On or before February 28 of each year, each employer shall file a withholding tax reconciliation on a form or forms prescribed by and obtainable from the Tax Commissioner or a generic form, setting forth the sum total of all compensation paid all employees, the portion of which, (if any), was not subject to withholding along with an explanation for same, and the portion of which was subject to withholding, together with the amount of such withholdings remitted. Such return shall include information concerning each employee from whom the Municipal tax was withheld, showing the name, address, zip code and social security number of each such employee, the total amount of compensation paid during the year and the amount of Municipal tax withheld. If the total tax withheld from any employee included tax withheld and remitted to another municipality, the amount of same shall be separately shown on the return of information to the Municipality concerning each employee.

(e) In addition to the wage reporting requirements of this section, any person required by the Internal Revenue Service to report on Form 1099-Misc. payments to individuals not treated as employees for services performed shall also report such payments to the Municipality when the services were performed in the Municipality. The information may be submitted on a listing, and shall include the name, address, and social security number (or federal identification number), and the amount of the payments made. Federal form(s) 1099 may be submitted in lieu of such listing. The information shall be filed annually on or before February 28 following the end of such calendar year.

(f) No person shall be required to withhold the tax on the qualifying wages, commissions, other compensation and other taxable income paid domestic servants employed exclusively in or about such person’s residence. However, such domestic servants shall be responsible for the filing and paying their own returns and taxes. 

Section IX: Section 171.11 of the Codified Ordinances of Granville, Ohio is hereby amended by changing the due date for declarations and allowing for the use of generic forms as follows:

171.11 DECLARATIONS. (a) Every person who anticipates any taxable income which is not subject to Section 171.10, or who engages in any business, profession, enterprise or activity shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity together with the estimated tax due thereon, if any.

(b) (1) Such declaration shall be filed on or before April 15th of each year during the life of this chapter, or on or before the 15th day of the fourth month following date the taxpayer becomes subject to tax for the first time. (2) Those taxpayers reporting on a fiscal year basis shall file a declaration on or before the fifteenth (15th) day of the fourth (4th) month following the start of each fiscal year or period. 

(c) (1) Such declaration shall be filed upon a form furnished by or obtainable from the Tax Commissioner or a generic form. Credit shall be taken in such declaration for Granville tax to be withheld from any portion of such income and for income taxes to be paid to another taxing municipality for which credit is allowed against Granville tax under Section 171.19. (2) Except as hereinafter specified, a declaration of estimated tax to be paid the Municipality shall be accompanied by a payment of at least one-fourth of the estimated tax, less credit for taxes withheld or paid to another municipality and at least a similar amount shall be paid on or before the 15th day of the seventh, tenth, and thirteenth months after the beginning of the tax year. (3) A declaration may be amended at any time; provided however, that in case an amended declaration is filed, the unpaid balance shown due thereon shall be paid in equal installments on or before the remaining payment dates. (4) The mere submission of a declaration estimating a tax liability shall not constitute filing unless accompanied by the required payment. 

(d) An amended declaration must be filed on or before January 31 of any year, or in the case of a tax payer on a fiscal year accounting basis, on or before the date fixed by regulation of the Tax Commissioner, if it appears that the original declaration made for such year underestimated the taxpayer’s income by thirty percent or more. At such time a payment which, together with prior payments, is sufficient to pay the taxpayer’s entire estimated liability shall be made. If, upon the filing of the return on or before January 31 or the date fixed by regulation, whichever is applicable, the difference between seventy percent of the taxpayer’s tax liability and the amount of estimated tax he actually paid on or before January 31 or the date fixed by regulation, whichever is applicable, shall be subject to the interest and penalty provisions of Section 171.14

(e) On or before the 15th day of the fourth month of the calendar or fiscal year following that for which the declaration was filed, an annual return shall be filed and any balance which may be due the Municipality shall be paid therewith in accordance with the provisions of Section 171.08. 

Section X: Section 171.12 of the Codified Ordinances of Granville, Ohio is hereby amended by specifying that the tax commissioner may compromise penalty and interest when appropriate as follows: 171.13 DUTIES OF THE TAX COMMISSIONER. (a) (1) The Tax Commissioner shall collect and receive the tax imposed by this chapter in the manner prescribed herein, shall keep an accurate record thereof and shall report all moneys so received. (2) The Tax Commissioner shall enforce payment of all income taxes owing the Municipality, shall keep accurate records for a minimum of five years showing the amount due from each taxpayer required to file a declaration or make any return, including a return of taxes withheld, and shall show the dates and amounts of payments thereof.

(b) The Tax Commissioner is hereby charged with the enforcement of the provisions of this chapter, and is hereby empowered, subject to the approval of the Board of Review, to adopt and promulgate and to enforce rules and regulations authorized or required by this chapter, relating to any matter or thing pertaining to the collection and payment of taxes and the administration and enforcement of the provisions of this chapter, including provisions for the re-examination and correction of returns.

(c) In any case where a taxpayer has failed to file a return or has filed a return which does not show the proper amount of tax due, the Tax Commissioner may determine the amount of tax appearing to be due the Municipality from the taxpayer and may send to such taxpayer a written statement showing the amount of tax so determined, together with interest and penalties thereon, if any.

(d) Subject to the consent of a majority of the Board of Review or pursuant to regulation approved by the Board of Review, the Tax Commissioner shall have the power to compromise any liability imposed by this chapter. 

(e) Upon the demonstration and documentation of good cause, the Tax Commissioner shall have the power to compromise penalty and interest liabilities imposed by this Chapter, consistent with this Chapter. 

Section XI: Section 171.16 of the Codified Ordinances of Granville, Ohio is hereby amended by specifying the time limit to apply for a refund and raising the threshold on the amount that can be refunded as follows:

171.167 COLLECTION OF UNPAID TAXES AND REFUNDS OF OVERPAYMENTS. (a) All taxes imposed by this chapter shall be collectible, with any interest and penalties thereon, by suit as other debts of like amount are recoverable. No additional assessment shall be made after three years from the time of payment of any tax due or the time the return was filed, whichever is later hereunder; provided however, there shall be no period of limitation on an additional assessment in a case of a return that omits gross income in excess of twenty-five percent of that required to be reported or in the case of filing a false or fraudulent return with intent to evade the tax or in the case of failure to file a return. In those cases in which the Commissioner of Internal Revenue and the taxpayer have executed a waiver of the Federal statute of limitations, the period within which an additional assessment may be made by the Tax Commissioner shall be extended one year from the time of the final determination of the Federal tax liability.

(b) Taxes erroneously paid shall not be refunded unless a claim for refund is made within three (3) years from the date on which such payment was made or the return was due, or within three (3) months after final determination of the federal tax liability, whichever is later.

(c) After the time period allowed for a refund of the tax or withholding paid to another municipality, a nonrefundable credit shall be allowed against tax or withholding erroneously paid or withheld to another municipality equal to the tax or withholding paid with respect to such income or wages. 1. If the tax rate is less than the tax rate paid or withheld on such income or wages, the credit described in section (c) above shall be calculated using the tax rate in effect. 2. Nothing in this section permits any credit carryforward.

(d) Interest shall be allowed and paid on any overpayment by a taxpayer of any municipal income tax obligation from the date of the overpayment, with the following exception: No interest shall be allowed on any overpayment that is refunded within ninety (90) days after the final filing date of the annual return or ninety (90) days after the complete return is filed, whichever is later. For purposes of computing the payment of interest on overpayments, no amount of tax for any taxable year shall be treated as having been paid before the date on which the tax return for that year was due without regard to any extension of time for filing that return. The interest shall be paid at the interest prescribed by Ohio R.C. 5703.47.

(e) Amounts of less than five dollars ($5.00) shall not be collected or refunded. 

Section XII: Section 171.17 of the Codified Ordinances of Granville, Ohio is hereby amended by specifying procedures for the Board of Review as follows:

171.17 BOARD OF REVIEW. (a) A Board of Review consisting of three persons appointed by the Mayor, with the consent of Council, is hereby created. Board members shall receive such compensation as Council may determine.

(b) A majority of the members of the Board shall constitute a quorum. The Board shall adopt it own procedural rules and shall keep a record of its transactions. All hearings by the Board shall be conducted privately unless the taxpayer requests a public hearing and the provisions of Section 171.13 with reference to the confidential character of information required to be disclosed by the ordinance shall apply to such matters as may be heard before the Board on appeal.

(c) The Board of Review shall schedule a hearing within forth-five (45) days after receiving the request, unless the taxpayer waives a hearing. If the taxpayer does not waive the hearing, the taxpayer may appear before the Board and may be represented by an attorney at law, certified public accountant or other representative.

(d) The Board may affirm, reverse, or modify the Tax Commissioner’s decision or any part of that decision. The Board shall issue a decision on the appeal within ninety (90) days after the Board’s final hearing on the appeal, and send notice of its final decision by ordinary mail to all of the parties to the appeal within fifteen (15) days after issuing the decision. The taxpayer or the tax commissioner may appeal the board’s decision as provided in section 5717.011 of the Ohio Revised Code.

(e) Each Board of Review created pursuant to this section shall adopt rules governing its procedures and shall keep a record of its transactions. Such records are not public records available for inspection under section 149.43 of the Ohio Revised Code. Hearings requested by a taxpayer before a Board of Review created pursuant to this section are not meetings of a public body subject to section 121.22 of the Ohio Revised Code.

Section XIII: Section 171.23 is hereby added to Chapter 171 of the Codified Ordinances of Granville, Ohio specifying items that are not subject to municipal tax as follows:

171.23 EXCLUSIONS. The provisions of this Chapter shall not be construed as levying a tax upon the following: a. Proceeds from welfare benefits, unemployment insurance benefits, social security benefits, and qualified retirement plans as defined by the Internal Revenue Service. b. Proceeds of insurance, annuities, worker’s compensation insurance, permanent disability benefits, compensation for damages for personal injury and the like reimbursements, not including damages for loss of profits and wages.

c. Dues, contributions and similar payments received by charitable, religious, educational organizations, or labor unions, trade or professional associations, lodges and similar organizations.

d. Gains from involuntary conversion, cancellation of indebtedness, interest on Federal obligations and income of a decedent’s estate during the period of administration (except such income from the operation of a business).

e. Alimony.

f. Compensation for damage to property by way of insurance or otherwise.

g. Interest and dividends from intangible property.

h. Military pay or allowances of members of the Armed Forces of The United States and members of their reserve components, including the Ohio National Guard (ORC 718.01).

i. Income of any charitable, educational, fraternal or other type of nonprofit association or organization enumerated in Ohio Revised Code 718.01 to the extent that such income is derived from tax-exempt real estate, tax- exempt tangible or intangible property, or tax-exempt activities.

j. Any association or organization falling in the category listed in the preceding paragraph receiving income from non-exempt real estate, tangible or intangible personal property, or business activities of a type ordinarily conducted for profit by taxpayers operating for profit shall not be excluded hereunder.

k. In the event any association or organization receives taxable income as provided in the preceding paragraph from real or personal property ownership or income producing business located both within and without the corporate limits of the Municipality, it shall calculate its income apportioned to the Municipality under the method or methods provided above.

l. If exempt for federal income tax purposes, fellowship and scholarship grants are excluded from Municipal tax income.

m. The rental value of a home furnished to a member of the clergy as part of his compensation, or the rental allowance paid to a member of the clergy as part of his or her compensation, to the extent used by him or her to rent or provide a home pursuant to section 107 of the Internal Revenue Code.

n. Compensation paid under section 3501.28 or 3501.36 of the Ohio Revised Code to a person serving as a precinct official, to the extent that such compensation does not exceed one thousands ($1,000) annually. Such compensation in excess of one thousand dollars may be subjected to taxation. The payer of such compensation is not required to withhold Municipal tax from that compensation.

o. Compensation paid to an employee of a transit authority, regional transit authority, or a regional transit commission created under Chapter 306 of the Ohio Revised Code for operating a transit bus or other motor vehicle for the authority or commission in or through the Municipality, unless the bus or vehicle is operated on a regularly scheduled route, the operator is subject to such tax by reason of residence or domicile in the Municipality, or the headquarters of the authority or commission is located within the Municipality.

p. The Municipality shall not tax the compensation paid to a nonresident individual for personal services performed by the individual in the Municipality on twelve (12) or fewer days in a calendar year unless one of the following applies: 1. The individual is an employee of another person, the principal place of business of the individual’s employer is located in another municipality in Ohio that imposes a tax applying to compensation paid to the individual for services paid on those days; and the individual is not liable to that other municipality for tax on the compensation paid for such services. 2. The individual is a professional entertainer or professional athlete, the promoter of a professional entertainment or sports event, or an employee of such promoter, all as may be reasonable defined by the Municipality.

q. The income of a public utility, when that public utility is subject to the tax levied under section 5727.24 or 5727.30 of the Ohio Revised Code, except a municipal corporation may tax the following, subject to Chapter 5745 of the Ohio Revised Code: 1. The income of an electric company or combined company; 2. The income of a telephone company.

 As used in Section 171.23(q) of this section, “combined company”, “electric company” and “telephone company” have the same meanings as in section 5727.01 of the Ohio Revised Code.

r. Generally the above noted items in this section are the only forms of income not subject to the tax. Any other income, benefits, or other forms of compensation shall be taxable.

Section XIV: Existing Sections 171.01, 171.02, 171.03, 171.04, 171.05, 171.06, 171.08, 171.09, 171.10, 171.11, 171.12, 171.16 and 171.17 of Chapter 171 of the Codified Ordinances of Granville Ohio are hereby repealed.

Section XV: These amendments shall apply to all Granville municipal income tax returns filed commencing tax year 2004. 

Section XVI: This ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare of the inhabitants of the Municipality for the reasons that the local income tax ordinances are in conflict with state income tax statutes and must be brought into harmony immediately so as to avoid conflict with general State law, and shall be effective January 1, 2004. 

Ordinance 23-03

 AN ORDINANCE TO ESTABLISH THE GRANVILLE VILLAGE MANAGER'S SALARY FOR 2004. 

 WHEREAS, Article II, Section 2.08 of the Charter of Granville, Ohio, provides that Council shall fix the salary of the Village Manager by ordinance, and

 WHEREAS, Ordinance No. 17-02, establishing the salary of the Manager for the period of January 1, 2003, to December 31, 2003, will expire on December 31, 2003.

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The salary of the Village Manager for the calendar year 2004 shall be $ 73,600 payable bi-weekly in the amount of 1/26 of the total amount.

Section II: Council recognizes (Attachment “A”) the Employment Agreement as the new and additional terms of employment. Section III: This ordinance shall take effect and be in full force from and after the earliest date allowed by law. 

Ordinance 22-03

 AN ORDINANCE TO AMEND ORDINANCE NO. 25-02 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2003 AND REVISING SUMS FOR OPERATING EXPENSES. 

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2003 and ending December 31, 2003, and;

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 25-02, be amended by the Council, as recommended by the Manager, and is hereby adopted.

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the Water Fund:

Account No. Account Add E1-5-E-240 Water Production – Supplies & Materials $ 8,000 E1-5-F-240 Water Distribution – Supplies & Materials $ 3,000

Section III: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Ordinance 20-03

 AN ORDINANCE CONSOLIDATING TWO BOND ANTICIPATION NOTE ISSUES OF THE VILLAGE OF GRANVILLE, OHIO INTO A CONSOLIDATED NOTE ISSUE, AND ESTABLISHING THE TERMS OF SUCH CONSOLIDATED NOTE ISSUE, AND DECLARING AN EMERGENCY.

WHEREAS, this council has passed two ordinances authorizing the following general obligation bond anticipation note issues pursuant to Chapter 133 of the Ohio Revised Code for the purposes indicated: (1) $165,000 Municipal Building Refunding Bond Anticipation Notes, First (2003) Renewal for the purpose of paying part of the cost of refunding the Municipality’s outstanding Municipal Building Bonds dated as of February 15, 1992, and (2) $445,000 Sanitary Sewer Improvement Bond Anticipation Notes, Eleventh (2003) Renewal for the purpose of paying part of the costs of refunding the outstanding principal amount of the Municipality’s Sewer System Mortgage Revenue Refunding Bonds dated as of May 1, 1991 and constructing improvements to the municipal sanitary sewer system (such note issues are collectively referred to as the “2003 Series Notes”); and WHEREAS, this council desires to issue and sell the 2003 Series Notes on a consolidated basis pursuant to Section 133.30(B) of the Ohio Revised Code and this ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio (hereinafter called the “Municipality”): SECTION 1. That pursuant to the provisions of Section 133.30(B) of the Ohio Revised Code, the 2003 Series Notes shall be consolidated into a single note issue which shall be designated “Various Purpose Bond Anticipation Notes, Series 2003” (such consolidated notes are hereinafter referred to as the “Consolidated Notes”). SECTION 2. That the Consolidated Notes shall be issued under authority of the general laws of the State of Ohio, particularly Chapter 133 of the Ohio Revised Code. The Consolidated Notes shall (i) be dated as of the same date as the 2003 Series Notes, (ii) be in a principal amount equal to the sum of the aggregate principal amounts of the 2003 Series Notes, (iii) be numbered from R 1 upwards in order of issuance, (iv) be of the denominations requested by the purchaser, (v) mature on the date the 2003 Series Notes mature in an amount equal to the sum of the maturity amounts for the 2003 Series Notes for such date, and (vi) bear interest payable at maturity at a rate equal to the rate of interest on the 2003 Series Notes. The Consolidated Notes shall not be subject to optional redemption. It is hereby determined by this Council that the issuance of the Consolidated Notes provided herein are in the best interests of the Municipality and that the maturity provisions set forth above are consistent with the aggregate of the separate maturities of the respective ordinances authorizing the 2003 Series Notes. SECTION 3. That the Consolidated Notes shall express upon their faces a summary statement of purposes encompassing the purposes stated in the ordinances authorizing the 2003 Series Notes and that they are issued in pursuance of this ordinance. The Consolidated Notes shall be in fully registered form without coupons, shall bear the signatures of the Village Manager and Director of Finance and may bear the corporate seal of the Municipality, provided that all of such signatures and such seal may be facsimiles. The Consolidated Notes shall be payable as to both principal and interest in federal funds of the United States of America at the office of an authorized representative of U.S. Bank National Association, Cincinnati, Ohio, which is hereby designated to serve as the paying agent, registrar and transfer agent for the Consolidated Notes (the “Paying Agent and Registrar”), without deduction for exchange, collection or service charges, to the person whose name appears on the Note registration records as the registered holder thereof. The Consolidated Notes shall bear the manual authenticating signature of an authorized representative of the Paying Agent and Registrar. The Consolidated Notes shall be transferable by the registered holder thereof in person or by his attorney duly authorized in writing at the office of the Paying Agent and Registrar upon presentation and surrender thereof to the Paying Agent and Registrar. The Municipality and the Paying Agent and Registrar shall not be required to transfer any Consolidated Note during the 15 day period preceding any interest payment date, and no such transfer shall be effective until entered upon the registration records maintained by the Paying Agent and Registrar. Upon such transfer, a new Consolidated Note or Notes of authorized denominations of the same maturity and for the same aggregate principal amount shall be issued to the transferee in exchange therefor. The Municipality and the Paying Agent and Registrar may deem and treat the registered holders of the Consolidated Notes as the absolute owners thereof for all purposes, and neither the Municipality nor the Paying Agent and Registrar shall be affected by any notice to the contrary. SECTION 4. That the provisions of the respective ordinances authorizing the 2003 Series Notes relating to security and sources of payment, federal tax status of the 2003 Series Notes and of interest payable thereon, are hereby incorporated by reference into this ordinance and the Consolidated Notes. SECTION 5. That the Consolidated Notes shall be sold to Seasongood & Mayer, LLC, Cincinnati, Ohio (the “Purchaser”) at the price of 100% of the principal amount thereof plus accrued interest in accordance with their offer to purchase which is hereby accepted. The proceeds from the sale of the Consolidated Notes, except as any premium and accrued interest received, shall be apportioned, deposited and credited in accordance with Section 133.32 of the Ohio Revised Code to the respective purposes and funds in accordance with the amount of each issue of 2003 Series Notes and for which purposes such proceeds are hereby appropriated. Any premium and accrued interest received from such sale shall be transferred to the bond retirement fund to be applied to the payment of the principal and interest of the Consolidated Notes in the manner provided by law. SECTION 6. That for purposes of this ordinance, the following terms shall have the following meanings: “Book entry form” or “book entry system” means a form or system under which (i) the beneficial right to payment of principal of and interest on the Consolidated Notes may be transferred only through a book entry, and (ii) physical Consolidated Note certificates in fully registered form are issued only to the Depository or its nominee as registered owner, with the Consolidated Notes “immobilized” to the custody of the Depository, and the book entry maintained by others than the Municipality is the record that identifies the owners of beneficial interests in those Consolidated Notes and that principal and interest. “Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, together with its Participants or otherwise, a book entry system to record ownership of beneficial interests in Consolidated Notes or principal and interest, and to effect transfers of Consolidated Notes, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York. “Participant” means any participant contracting with a Depository under a book entry system and includes security brokers and dealers, banks and trust companies, and clearing corporations. All or any portion of the Consolidated Notes may be initially issued to a Depository for use in a book entry system, and the provisions of this Section shall apply to such Consolidated Notes, notwithstanding any other provision of this ordinance. If and as long as a book entry system is utilized with respect to any of such Consolidated Notes: (i) there shall be a single Consolidated Note of each maturity; (ii) those Consolidated Notes shall be registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (iii) the beneficial owners of Consolidated Notes in book entry form shall have no right to receive Consolidated Notes in the form of physical securities or certificates; (iv) ownership of beneficial interests in any Consolidated Notes in book entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of beneficial interests shall be made only by book entry by the Depository and its Participants; and (v) the Consolidated Notes as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Municipality. Debt service charges on Consolidated Notes in book entry form registered in the name of a Depository or its nominee shall be payable in the manner provided in the Municipality’s agreement with the Depository to the Depository or its authorized representative (i) in the case of interest, on each interest payment date, and (ii) in all other cases, upon presentation and surrender of Consolidated Notes as provided in this ordinance. The Paying Agent and Registrar may, with the approval of the Municipality, enter into an agreement with the beneficial owner or registered owner of any Consolidated Note in the custody of a Depository providing for making all payments to that owner of principal and interest on that Consolidated Note or any portion thereof (other than any payment of the entire unpaid principal amount thereof) at a place and in a manner (including wire transfer of federal funds) other than as provided in this ordinance, without prior presentation or surrender of the Consolidated Note, upon any conditions which shall be satisfactory to the Paying Agent and Registrar. That payment in any event shall be made to the person who is the registered owner of that Consolidated Note on the date that principal is due, or, with respect to the payment of interest, as of the applicable date agreed upon as the case may be. The Paying Agent and Registrar shall furnish a copy of each of those agreements, certified to be correct by the Paying Agent and Registrar, to any other paying agents for the Consolidated Notes. Any payment of principal or interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for all purposes of, this ordinance. The Director of Finance is authorized and directed without further action of this Council to execute, acknowledge and deliver, in the name of and on behalf of the Municipality, a blanket letter agreement between the Municipality and The Depository Trust Company, as Depository, to be delivered in connection with the issuance of the Consolidated Notes to the Depository for use in a book entry system, and to take all other actions they deem appropriate in issuing the Consolidated Notes under a book entry system. If any Depository determines not to continue to act as Depository for the Consolidated Notes for use in a book entry system, the Municipality and the Paying Agent and Registrar may attempt to establish a securities depository/book entry relationship with another qualified Depository under this ordinance. If the Municipality and the Paying Agent and Registrar do not or are unable to do so, the Municipality and the Paying Agent and Registrar, after the Paying Agent and Registrar has made provision for notification of the beneficial owners by the then Depository, shall permit withdrawal of the Consolidated Notes from the Depository and authenticate and deliver Consolidated Note certificates in fully registered form to the assigns of the Depository or its nominee, all at the cost and expense (including costs of printing definitive Consolidated Notes), if the event is not the result of action or inaction by the Municipality or the Paying Agent and Registrar, of those persons requesting such issuance. SECTION 7. That the Consolidated Notes are hereby designated as “qualified tax exempt obligations” to the extent permitted by Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). This Council finds and determines that the reasonable anticipated amount of qualified tax exempt obligations (other than private activity bonds) which will be issued by the Municipality during this calendar year does not and this Council hereby covenants that, during such year, the amount of tax exempt obligations issued by the Municipality and designated as “qualified tax exempt obligations” for such purpose will not exceed $10,000,000. The Director of Finance and other appropriate officers, and any of them, are authorized to take such actions and give such certifications on behalf of the Municipality with respect to the reasonably anticipated amount of tax exempt obligations to be issued by the Municipality during this calendar year and with respect to such other matters as appropriate under Section 265(b)(3). SECTION 8. That this Council hereby covenants that it will restrict the use of the proceeds of the Consolidated Notes hereby authorized in such manner and to such extent, if any, and take such other actions as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute obligations the interest on which is subject to federal income taxation or “arbitrage bonds” under Sections 103(b)(2) and 148 of the Code and the regulations prescribed thereunder, including any expenditure requirements, investment limitations or rebate requirements. The Director of Finance and other appropriate officers, or any other officer having responsibility with respect to the issuance of such Consolidated Notes is authorized and directed to give an appropriate certificate on behalf of the Municipality on the date of delivery of the Consolidated Notes for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of said Sections 103(b)(2) and 148 and regulations thereunder. SECTION 9. That the Director of Finance is hereby authorized without further action of this Council to execute and deliver an agreement with the Paying Agent and Registrar for its services as paying agent, registrar and transfer agent for the Consolidated Notes, in each case in such form as such officer may approve, the execution thereof by such officer to be conclusive evidence of such authorization and approval. SECTION 10. That the Director of Finance is hereby directed to forward a certified copy of this ordinance to the County Auditor. SECTION 11. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were passed 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 the law, including Section 121.22 of the Revised Code of Ohio. SECTION 12. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, morals and welfare of the inhabitants of the Municipality for the reason that the immediate issuance and sale of the Consolidated Notes is necessary to provide for the orderly financing of the improvements and the orderly refunding of the prior obligations to which the Consolidated Notes relate by renewing notes previously issued for the purpose in a timely manner, and, therefore, provided this ordinance receives the affirmative vote of at least five members elected or appointed to this council, it shall be in full force and effect immediately upon its passage. PASSED October 15, 2003. 

Ordinance 19-03

 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $445,000 OF NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COSTS OF REFUNDING THE OUTSTANDING PRINCIPAL AMOUNT OF THE VILLAGE’S SEWER SYSTEM MORTGAGE REVENUE REFUNDING BONDS DATED AS OF MAY 1, 1991 AND CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL SANITARY SEWER SYSTEM, AND MATTERS RELATED THERETO, AND DECLARING AN EMERGENCY.

WHEREAS, this municipality has previously issued its Sewer System Mortgage Revenue Refunding Bonds dated as of May 1, 1991 (the “Prior Bonds”), pursuant to the provisions of Article XVIII, Section 12 of the Ohio Constitution, Ordinance No. 9-91 passed April 17, 1991 and an Indenture of Mortgage dated July 1, 1984 as supplemented by a First Supplemental Indenture of Mortgage dated May 1, 1991; and WHEREAS, this municipality has hereto issued notes to refund the outstanding Prior Bonds and the Director of Finance has heretofore certified that the maximum maturity of bonds issued for such purpose is July 1, 2014, and the maximum maturity of notes issued in anticipation of such bonds is eleven (11) years; WHEREAS, this council has heretofore determined the necessity of constructing improvements to the sanitary sewer system of this municipality; and WHEREAS, the Director of Finance, the fiscal officer of this municipality, has heretofore estimated that the life of such improvements is at least five (5) years, and certified that the maximum maturity of the bonds issued therefore is forty (40) years, and of the notes to be issued in anticipation thereof is twenty (20) years; and WHEREAS, this council expects that the debt service on such bonds will be paid from the net revenues of the municipal sanitary sewer system, and on such notes from such net revenues and the proceeds of such bonds or renewal notes (collectively, the “Revenues”); and WHEREAS, notes heretofore issued in anticipation of such bonds are about to mature and should be renewed in the amount of $445,000 NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio (hereinafter called the “Municipality”): SECTION 1. That it is necessary to issue bonds of the Municipality in the principal amount of $445,000 for the purpose of paying part of the cost of refunding the outstanding principal amount of the Prior Bonds and constructing improvements to the municipal sanitary sewer system. Such bonds shall be dated approximately October 1, 2004, shall bear interest at the rate of approximately nine per cent (9%) per annum and shall mature in substantially equal annual or semiannual installments over a period not exceeding twenty (20) years after their issuance. SECTION 2. That it is hereby determined that notes (hereinafter called the “Notes”) in the principal amount of $445,000 shall be issued in anticipation of the issuance of said bonds. SECTION 3. That the Notes shall (i) be dated the date of their initial issuance, (ii) bear interest at the rate of ________________________________________ per cent (_________%) per annum, payable at maturity, (iii) mature not more than one year from such date of initial issuance, and (iv) be of such number and denominations as may be requested by the purchaser. SECTION 4. That the Notes shall be in either bearer or fully registered form without coupons, as may be requested by the purchaser, shall bear the signatures of the Village Manager and Director of Finance, provided that if the Notes are in fully registered form, either or both such signatures may be facsimiles, and otherwise one of such signatures may be a facsimile, and may bear the seal of the Municipality or a facsimile thereof. The Notes in fully registered form shall bear the manual authenticating signature of an authorized representative of U.S. Bank National Association, Cincinnati, Ohio, which is hereby designated to serve as the paying agent, registrar and transfer agent (the “Paying Agent and Registrar”) for the Notes. The principal of and interest on each Note shall be payable at the principal office of the Paying Agent and the Registrar and if the Notes are in fully registered form, such payment shall be made only to the person whose name appears on the Note registration records as the registered holder thereof. The Notes shall be designated “Sanitary Sewer Improvement Bond Anticipation Notes, Eleventh (2003) Renewal”, and shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this ordinance. The Notes in fully registered form shall be transferable by the registered holder thereof in person or by his attorney duly authorized in writing at the principal office of the Paying Agent and Registrar upon presentation and surrender thereof to the Paying Agent and Registrar. No transfer of any fully registered Note shall be effective until entered upon the registration records maintained by the Paying Agent and Registrar. Upon such transfer of a fully registered Note, a new Note or Notes of authorized denominations of the same maturity and for the same aggregate principal amount shall be issued to the transferee in exchange therefor. The Municipality and the Paying Agent and Registrar may deem and treat the registered holders of Notes in fully registered form as the absolute owners thereof for all purposes, and neither the Municipality nor the Paying Agent and Registrar shall be affected by any notice to the contrary. SECTION 5. That the Notes shall be sold to Seasongood & Mayer, LLC, Cincinnati, Ohio, at not less than par and accrued interest, in accordance with their offer to purchase which is hereby accepted, and the proceeds from such sale, except any premium or accrued interest thereon, shall be used for the purpose aforesaid and for no other purpose, and for which purpose said proceeds are hereby appropriated. Any premium and accrued interest shall be transferred to the bond retirement fund to be applied to the payment of principal and interest of the Notes in the manner provided by law. The Notes may be issued and sold on a consolidated basis with other bond anticipation note issues of the Municipality pursuant to Section 133.30(B) of the Ohio Revised Code and a consolidating ordinance passed by this Council, the terms of which are incorporated herein by reference. SECTION 6. That the Notes shall be the full general obligations of the Municipality, and the full faith, credit and revenue of the Municipality are hereby pledged for the prompt payment of the same. The principal amount received from the sale of the bonds anticipated by the Notes and any excess fund resulting from the issuance of the Notes shall, to the extent necessary, be used only for the retirement of the Notes at maturity, together with interest thereon and is hereby pledged for such purpose. SECTION 7. That during the year or years while the Notes run there shall be levied upon all of the taxable property in the Municipality in addition to all other taxes, a direct tax annually not less than that which would have been levied if bonds had been issued without the prior issue of the Notes; provided, however, that in each year to the extent the Revenues and other moneys are available for the payment of the Notes and bonds and are appropriated for such purpose, the amount of such tax shall be reduced by the amount of such Revenues and other moneys so available and appropriated. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from said tax levy hereby required, or from the other described sources, shall be placed in a separate and distinct fund, which together with all interest collected on the same, shall be pledged irrevocably for the payment of the principal and interest of the Notes or the bonds in anticipation of which they are issued when and as the same fall due. SECTION 8. That this Council hereby covenants that it will restrict the use of the proceeds of the Notes hereby authorized in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute “arbitrage bonds” under Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations prescribed thereunder and will, to the extent possible, comply with all other applicable provisions of the Code and the regulations thereunder in order to retain the Federal income tax exemption for interest on the Notes, including any expenditure requirements, investment limitations, rebate requirements or use restrictions. The Director of Finance or any other officer having responsibility with respect to the issuance of the Notes is authorized and directed to give an appropriate certificate on behalf of the Municipality on the date of delivery of the Notes for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of the Code and the regulations thereunder. SECTION 9. That the Notes are hereby designated as “qualified tax exempt obligations” to the extent permitted by Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). This Council finds and determines that the reasonable anticipated amount of qualified tax exempt obligations (other than private activity bonds) which will be issued by the Municipality during this calendar year does not and this Council hereby covenants that, during such year, the amount of tax exempt obligations issued by the Municipality and designated as “qualified tax exempt obligations” for such purpose will not exceed $10,000,000. The Director of Finance and other appropriate officers, and any of them, are authorized to take such actions and give such certifications on behalf of the Municipality with respect to the reasonably anticipated amount of tax exempt obligations to be issued by the Municipality during this calendar year and with respect to such other matters as appropriate under Section 265(b)(3). SECTION 10. That the Director of Finance is hereby authorized without further action of this council to execute and deliver an agreement with the Paying Agent and Registrar for its services as paying agent, registrar and transfer agent for the Notes, in each case in such form as such officer may approve, the execution thereof by such officer to be conclusive evidence of such authorization and approval. SECTION 11. That the Director of Finance is hereby directed to forward a certified copy of this ordinance to the County Auditor. SECTION 12. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were passed 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 the law, including Section 121.22 of the Revised Code of Ohio. SECTION 13. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, morals and welfare of the inhabitants of the Municipality for the reason that the immediate issuance and sale of the Notes is necessary to provide for the orderly financing of the improvements to which the Notes relate and the orderly refunding of the Prior Bonds by renewing notes previously issued for the purpose in a timely manner, and, therefore, provided this ordinance receives the affirmative vote of at least five members elected or appointed to this council, it shall be in full force and effect immediately upon its passage. PASSED October 15, 2003. 

Ordinance 18-03

 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $165,000 OF NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF REFUNDING THE VILLAGE’S OUTSTANDING MUNICIPAL BUILDING BONDS DATED AS OF FEBRUARY 15, 1992, AND MATTERS RELATED THERETO, AND DECLARING AN EMERGENCY.

WHEREAS, this municipality has previously issued its Municipal Building Bonds dated as of February 15, 1992 (the “Prior Bonds”), pursuant to the provisions of Chapter 133 of the Ohio Revised Code and Ordinance No. 5-92 passed February 19, 1992; WHEREAS, this municipality has hereto determined to issue securities to refund the outstanding Prior Bonds and the Director of Finance has heretofore certified that the maximum maturity of bonds issued for such purpose is February 15, 2022, and the maximum maturity of notes issued in anticipation of such bonds is ten (10) years; and WHEREAS, this council expects that the debt service on such bonds will be paid from the general revenues of this municipality, and on such notes from such general revenues and the proceeds of such bonds or renewal notes (collectively, the “Revenues”); NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio (hereinafter called the “Municipality”): SECTION 1. That it is necessary to issue bonds of the Municipality in the principal amount of $165,000 for the purpose of paying part of the cost of refunding the outstanding principal amount of the Prior Bonds. Such bonds shall be dated approximately October 1, 2004, shall bear interest at the rate of approximately seven per cent (7%) per annum and shall mature in substantially equal annual or semiannual installments over a period not exceeding twenty (20) years after their issuance. SECTION 2. That it is hereby determined that notes (hereinafter called the “Notes”) in the principal amount of $165,000 shall be issued in anticipation of the issuance of said bonds. SECTION 3. That the Notes shall (i) be dated the date of their initial issuance, (ii) bear interest at the rate of ________________________________________ per cent (_________%) per annum, payable at maturity, (iii) mature not more than one year from such date of initial issuance, and (iv) be of such number and denominations as may be requested by the purchaser. SECTION 4. That the Notes shall be in either bearer or fully registered form without coupons, as may be requested by the purchaser, shall bear the signatures of the Village Manager and Director of Finance, provided that if the Notes are in fully registered form, either or both such signatures may be facsimiles, and otherwise one of such signatures may be a facsimile, and may bear the seal of the Municipality or a facsimile thereof. The Notes in fully registered form shall bear the manual authenticating signature of an authorized representative of U.S. Bank National Association, Cincinnati, Ohio, which is hereby designated to serve as the paying agent, registrar and transfer agent (the “Paying Agent and Registrar”) for the Notes. The principal of and interest on each Note shall be payable at the principal office of the Paying Agent and the Registrar and if the Notes are in fully registered form, such payment shall be made only to the person whose name appears on the Note registration records as the registered holder thereof. The Notes shall be designated “Municipal Building Refunding Bond Anticipation Notes, First (2003) Renewal”, and shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this ordinance. The Notes in fully registered form shall be transferable by the registered holder thereof in person or by his attorney duly authorized in writing at the principal office of the Paying Agent and Registrar upon presentation and surrender thereof to the Paying Agent and Registrar. No transfer of any fully registered Note shall be effective until entered upon the registration records maintained by the Paying Agent and Registrar. Upon such transfer of a fully registered Note, a new Note or Notes of authorized denominations of the same maturity and for the same aggregate principal amount shall be issued to the transferee in exchange therefor. The Municipality and the Paying Agent and Registrar may deem and treat the registered holders of Notes in fully registered form as the absolute owners thereof for all purposes, and neither the Municipality nor the Paying Agent and Registrar shall be affected by any notice to the contrary. SECTION 5. That the Notes shall be sold to Seasongood & Mayer, LLC, Cincinnati, Ohio, at not less than par and accrued interest, in accordance with their offer to purchase which is hereby accepted, and the proceeds from such sale, except any premium or accrued interest thereon, shall be used for the purpose aforesaid and for no other purpose, and for which purpose said proceeds are hereby appropriated. Any premium and accrued interest shall be transferred to the bond retirement fund to be applied to the payment of principal and interest of the Notes in the manner provided by law. The Notes may be issued and sold on a consolidated basis with other bond anticipation note issues of the Municipality pursuant to Section 133.30(B) of the Ohio Revised Code and a consolidating ordinance passed by this Council, the terms of which are incorporated herein by reference. SECTION 6. That the Notes shall be the full general obligations of the Municipality, and the full faith, credit and revenue of the Municipality are hereby pledged for the prompt payment of the same. The principal amount received from the sale of the bonds anticipated by the Notes and any excess fund resulting from the issuance of the Notes shall, to the extent necessary, be used only for the retirement of the Notes at maturity, together with interest thereon and is hereby pledged for such purpose. SECTION 7. That during the year or years while the Notes run there shall be levied upon all of the taxable property in the Municipality in addition to all other taxes, a direct tax annually not less than that which would have been levied if bonds had been issued without the prior issue of the Notes; provided, however, that in each year to the extent the Revenues and other moneys are available for the payment of the Notes and bonds and are appropriated for such purpose, the amount of such tax shall be reduced by the amount of such Revenues and other moneys so available and appropriated. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from said tax levy hereby required, or from the other described sources, shall be placed in a separate and distinct fund, which together with all interest collected on the same, shall be pledged irrevocably for the payment of the principal and interest of the Notes or the bonds in anticipation of which they are issued when and as the same fall due. SECTION 8. That this Council hereby covenants that it will restrict the use of the proceeds of the Notes hereby authorized in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute “arbitrage bonds” under Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations prescribed thereunder and will, to the extent possible, comply with all other applicable provisions of the Code and the regulations thereunder in order to retain the Federal income tax exemption for interest on the Notes, including any expenditure requirements, investment limitations, rebate requirements or use restrictions. The Director of Finance or any other officer having responsibility with respect to the issuance of the Notes is authorized and directed to give an appropriate certificate on behalf of the Municipality on the date of delivery of the Notes for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of the Code and the regulations thereunder. SECTION 9. That the Notes are hereby designated as “qualified tax exempt obligations” to the extent permitted by Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). This Council finds and determines that the reasonable anticipated amount of qualified tax exempt obligations (other than private activity bonds) which will be issued by the Municipality during this calendar year does not and this Council hereby covenants that, during such year, the amount of tax exempt obligations issued by the Municipality and designated as “qualified tax exempt obligations” for such purpose will not exceed $10,000,000. The Director of Finance and other appropriate officers, and any of them, are authorized to take such actions and give such certifications on behalf of the Municipality with respect to the reasonably anticipated amount of tax exempt obligations to be issued by the Municipality during this calendar year and with respect to such other matters as appropriate under Section 265(b)(3). SECTION 10. That the Director of Finance is hereby authorized without further action of this council to execute and deliver an agreement with the Paying Agent and Registrar for its services as paying agent, registrar and transfer agent for the Notes, in each case in such form as such officer may approve, the execution thereof by such officer to be conclusive evidence of such authorization and approval. SECTION 11. That the Director of Finance is hereby directed to forward a certified copy of this ordinance to the County Auditor. SECTION 12. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were passed 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 the law, including Section 121.22 of the Revised Code of Ohio. SECTION 13. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, morals and welfare of the inhabitants of the Municipality for the reason that the immediate issuance and sale of the Notes is necessary to provide for the orderly refunding of the Prior Bonds by renewing notes previously issued for the purpose in a timely manner, and, therefore, provided this ordinance receives the affirmative vote of at least five members elected or appointed to this council, it shall be in full force and effect immediately upon its passage. PASSED October 15, 2003. 

Ordinance 17-03

 AN ORDINANCE TO AMEND ORDINANCE NO. 25-02 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2003 AND REVISING SUMS FOR OPERATING EXPENSES AND TO DECLARE AN EMERGENCY. 

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2003 and ending December 31, 2003, and;

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 25-02, be amended by the Council, as recommended by the Manager, and is hereby adopted.

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the General Fund:

Account No. Account Add A1-7-F-230 Boards & Commissions – CVR Access Mgmt. Plan $ 24,000

Section III: This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, morals and welfare. This necessity is due to the fact that there is an immediate need to appropriate money to expedite the studies provided for in this Ordinance. Therefore, this Ordinance shall take effect upon passage. 

Ordinance 16-03

 WHEREAS, the Granville Golf Course Company desires to donate 34 +/- acres of land located in Bryn Du Subdivision; and

 WHEREAS, an agreement to accept the donation has been negotiated between the Granville Golf Course Company and the Village of Granville;

 NOW THEREFORE BE IT ORDAINED by the Council of Granville, Ohio, a majority of the elected numbers concurring, that:

 Section 1. Council hereby accepts the donation of the 34 +/- acres of land described in the limited warranty deed attached hereto and incorporated herein in accordance with the terms and conditions of said deed, and subject to the contingencies set forth in said deed. Said land shall be maintained for the use and benefit of the general public. This acceptance shall be subject to the approval of the legal descriptions by the Licking County Engineer and conditioned upon the Village not being a member of Bryn Du Woods Association, Inc.

 Section 2. Council hereby approves, on behalf of the Village, the deed attached hereto and incorporated herein, marked as Exhibit A, subject to the approval of the legal descriptions by the Licking County Engineer. 

 Section 3. Council hereby authorizes and directs the Village Manager on behalf of the Village to take whatever additional actions and execute whatever documents are necessary to carry out the acceptance of said property in accordance with the deed attached hereto and incorporated herein and the terms of this Ordinance.

 Section 4. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. 

Ordinance 15-03

 AN ORDINANCE TO AMEND ORDINANCE NO. 25-02 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2003 AND REVISING SUMS FOR OPERATING EXPENSES.

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2003 and ending December 31, 2003, and;

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 25-02, be amended by the Council, as recommended by the Manager, and is hereby adopted.

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the General Fund:

Account No. Account Add A1-2-B-230 Contractual Services – County Health $ 1,500 A1-7-G-230 Contractual Services – County Auditors Fees $ 500

Section III: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the Ohio Bicentennial Legacy Tree Planting Grant (ODNR) Fund:

Account No. Account Add B6-4-F-250 Capital Outlay – ODNR Grant $ 6,620 

Section IV: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the FEMA Grant Fund:

Account No. Account Add B16-6-B-270 Transfer $ 7,408 

Section V: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the Sewer Fund:

Account No. Account Add E2-5-G-230 Contractual Services (Sewage Treatment) Utility Expenses thru year-end $ 25,000 E2-5-G-240 Supplies & Materials (Sewage Treatment) Pump replacements $ 5,000 E2-5-H-240 Supplies & Materials (Sewage Collection) $ 2,000 

Section VI: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the Water Capital Improvement Fund:

Account No. Account Add E91-5-E-250 Capital Outlay – Tank Repairs $ 10,000 Section VII: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law.

Ordinance 14-03

 AN ORDINANCE ACCEPTING THE DEDICATION OF THE SINNETT HOUSE FROM THE GRANVILLE LIBRARY BOARD OF TRUSTEES 

 WHEREAS, the Granville Library Board is the owner of the Sinnett House located behind the Granville Public Library Board of Trustees; and

 WHEREAS, the Granville Library Board of Trustees has offered to donate the Sinnett House to the Village of Granville; and

 WHEREAS, the Granville Library has stated its intention to purchase the real property located at 130 South Prospect in the Village of Granville and demolish the existing residence; and

 WHEREAS, the Granville Bicentennial Commission has committed to raise the funds necessary to relocate the Sinnett House to 130 South Prospect and make necessary improvements; and

 WHEREAS, the Granville Library Board of Trustees has agreed to lease a portion of 130 South Prospect Street to the Village of Granville on a long-term lease at a nominal amount for the purposes of relocating the Sinnett House; and

 WHEREAS, the Village Council has determined that the acceptance of the dedication of the Sinnett House from the Granville Library Board of Trustees is in the best interests of the Village of Granville and the public at large. 

 NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Ohio, that:

Section I: The Village of Granville hereby accepts the donation of the Sinnett House from the Granville Library Board of Trustees. The acceptance of this donation shall be conditioned upon the Village of Granville and the Granville Library Board of Trustees entering into an agreement, the terms of which shall address such issues as the term of the lease, amount of rent, and the monies to be raised by the Granville Bicentennial Commission;

Section II: The Village Manager be, and hereby is, authorized on behalf of the Village to do all acts and to execute or cause to be filed all documents and instruments necessary to the carrying out of the terms of this donation.

Section III: This Ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law. 

Ordinance 13-03

 AN ORDINANCE TO VACATE A PORTION OF A CERTAIN ALLEY PARALLEL TO SUNRISE STREET.

 WHEREAS, in the opinion of Council, there is good cause for vacating a portion of a certain alley located parallel and to the west of Sunrise Street in the Village of Granville and that such vacation will not be detrimental to the general interest of the adjacent property owners or general public, pursuant to the provisions of Section 723.04 of the Ohio Revised Code; and

 WHEREAS, written consent to this vacation has been filed with Council by the abutting landowners, pursuant to the provisions of Section 723.06 of the Ohio Revised Code. NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The following portion of the alley located west of Sunrise Street, IS HEREBY VACATED:

Situated in the State of Ohio, County of Licking, and Village of Granville, and being bounded and described as follows:

Beginning at a point on the west line of Lot 6 of Isaiah Jones’ Addition (Plat Book 2, page 410), and on the east line of the portion of the Alley to be vacated, which point is 15 feet northerly from the southwest corner of said Lot 6; thence northerly along with west lines of Lots 6, 3, and 2 in said addition 132 feet, more or less, to the northwest corner of Lot 2; thence westerly along the lot of the Granville Exempted Village School District 12 feet more or less to the west line of the alley; thence southerly along the west line of the alley 132 feet, more or less, to a point perpendicular to the point of beginning; thence easterly 12 feet more or less to the point of beginning.

Section II: The vacation of the parcel by this ordinance shall be subject to the right of way and easement therein of any abutting lot owner as provided for in Section 723.08 of the Ohio Revised Code. Section III: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Ordinance 11-03

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2003 and ending December 31, 2003, and;

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 25-02, be amended by the Council, as recommended by the Manager, and is hereby adopted.

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the General Fund:

Account No. Account Add A1-7-A-250 Capital Outlay – Sidewalk Replacement $ 22,000 A1-4-F-230 Contractual Services – Community Service $ 2,500 Section III: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Ordinance 09-03

 AN ORDINANCE TO AMEND ORDINANCE NO. 25-02 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2003 AND REVISING SUMS FOR OPERATING EXPENSES.

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2003 and ending December 31, 2003, and;

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 25-02, be amended by the Council, as recommended by the Manager, and is hereby adopted.

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the General Fund:

Account No. Account Add A1-6-A-250 Capital Outlay – New Burg Street $117,619 Fire/Water Main Extension & Paving $ 38,433 Section III: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Ordinance 08-03

 AN ORDINANCE TO AMEND ORDINANCE NO. 25-02 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2003 AND REVISING SUMS FOR OPERATING EXPENSES.

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2003 and ending December 31, 2003, and;

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 25-02, be amended by the Council, as recommended by the Manager, and is hereby adopted.

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2003, the following appropriations are hereby made in the General Fund:

Account No. Account Add A1-7-E-230 Contractual Services – Bryn Du $ 36,300 Section III: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law.

Ordinance 07-03

 AN ORDINANCE APPROVING THE APPLICATION TO REZONE PROPERTY OWNED BY THE ST. EDWARD’S CHURCH LOCATED AT 695, 715, 785 AND 865 NEWARK GRANVILLE ROAD.

 WHEREAS, the St. Edwards Church has filed a written application pursuant to Chapter 1143 of the Codified Ordinances requesting a rezoning of property located at 785 Newark-Granville Road from the current zoning of Suburban Residential District –A (SRD-A) to the zoning classification of Institutional District (ID); and,

 WHEREAS, the Granville Planning Commission, after conducting a public hearing on the application and considering the issue, has recommended that this property be rezoned to the Institutional District; and,

 WHEREAS, the Granville Planning Commission believes that this property is suitable for the zoning classification of Institutional District.

NOW, THEREFORE, Be it ordained by the Council of Granville, Ohio that:

Section I: Upon recommendation of the Planning Commission and after a public hearing, the application of St. Edwards Church to rezone its property located at 695, 715, 785 and 865 Newark-Granville Road to Institutional District is approved and the property is hereby rezoned in accordance with Section II of this Ordinance. Section II: The Official Zoning Map of the Village of Granville, Ohio, is hereby amended and revised by changing the zoning of the property described in Exhibit A, which is attached hereto and made a part hereof, from Suburban Residential District – A SRD-A) to the zoning assification of Institutional District (ID). The Village Manager is hereby authorized and directed to make this change on the Zoning Map maintained under Section 1155.02 of the Codified Ordinances.

Section III: This Ordinance shall take effect and be in full force and effect upon the earliest date allowed by law. 

Ordinance 06-03

 AN ORDINANCE TO CHANGE THE NAMES OF SINNETT AVENUE, OLD ORCHARD DRIVE AND RED BUD LANE TO MT. PARNASSUS DRIVE.

 WHEREAS, approximately fifteen years ago a petition was submitted to the U.S. Postal Service by residents of Mt. Parnassus Drive requesting that Sinnett Avenue, Old Orchard Drive and Red Bud Lane all be renamed Mt. Parnassus Drive to coincide with the existing street; and,

 WHEREAS, the U.S. Postal Service accepted the petition and changed its delivery routes to the single Mt. Parnassus Drive name; and,

 WHEREAS, subsequently the street name signs of Sinnett Avenue, Old Orchard Drive and Red Bud Lane were all changed to Mt. Parnassus Drive; and,

 WHEREAS, the Granville Village Council was never officially requested to change the street names from Sinnett Avenue, Old Orchard Drive and Red Bud Lane to Mt. Parnassus Drive; and,

 WHEREAS, said street names no longer appear on the listing of official Granville street names, but do appear on both the Granville street maps and the map maintained by the Licking County Engineer, therefore creating the potential for confusion; and, WHEREAS, pursuant to provisions of Section 723.04 of the Ohio Revised Code, a petition by persons owning real estate in the immediate vicinity of Sinnett Avenue, Old Orchard Drive and Red Bud Lane in the municipal corporation has been filed with the Clerk of Council requesting that said streets be officially renamed Mt. Parnassus Drive; and,

 WHEREAS, upon public hearing the Granville Village Council finds that there is good cause for such change of name, that it will not be detrimental to the general interest and that it should be made.

NOW, THEREORE, be it ordained by the Council of Granville, Ohio that:

Section I: The names of Sinnett Avenue, Old Orchard Drive and Red Bud Lane are hereby changed to Mt. Parnassus Drive. Section II: This Ordinance shall take effect and be in full force and effect upon the earliest date allowed by law. 

Ordinance 05-03

 A ORDINANCE TO ENTER INTO AN AGREEMENT WITH DENISON
UNIVERSITY FOR BURG STREET IMPROVEMENTS.

BE IT RESOLVED, by the Council of Granville, State of
Ohio, that:


Section   I:    The Village Manager should be, and is
hereby authorized and directed on behalf of the Village of
Granville, to enter into an agreement with Denison
University for Burg Street Improvements a copy of which is
attached hereto, and marked Exhibit "A", subject to
approval of storm sewer design and landscape design..

Section  II:    That this resolution shall take effect
immediately upon passage.

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