Granville Community Calendar

Ordinance No. 40-2011

ORDINANCE NO. 40-2011 

AN ORDINANCE TO AUTHORIZE THE VILLAGE MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE GRANVILLE STUDIO OF VISUAL ARTS FOR THE LEASE OF THE TERRACE HOUSE AT BRYN DU, 537 JONES ROAD 

WHEREAS,  the Village of Granville desires to renew a lease agreement with the Granville Studio of Visual Arts for the Terrace House building at the Bryn Du property, 537 Jones Road; and 

WHEREAS, Council has determined that the lease agreement shall be for a period beginning on December 4, 2011 and ending on February 28, 2015 with options to extend the term of the lease; and 

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

Section 1. The Village Manager be, and hereby is, authorized to enter into a certain lease agreement with the Granville Studio of Visual Arts for the lease of the Terrace House at Bryn Du, 537 Jones Road. 

Section 2. The lease agreement is attached hereto, marked as Exhibit A, and is made a part hereof. 

Section 3. This Ordinance shall take effect and be in force from and after the earliest period allowed by law. 

Passed this 4th day of January, 2012.

Exhibit A

 

Ordinance No. 39-2011

ORDINANCE NO. 39-2011 

AN ORDINANCE DECLARING THE PASS THROUGH BETWEEN ST. LUKE’S EPISCOPAL CHURCH AND THE GRANVILLE HISTORICAL SOCIETY BE CONVERTED FROM A VEHICULAR/PEDESTRIAN WAY TO A PEDESTRIAN ONLY PASS THROUGH

WHEREAS, St. Luke’s Episcopal Church, 107 East Broadway and the Granville Historical Society, 115 East Broadway have requested that the Village owned north/south pass through area between their buildings be converted from a vehicular/pedestrian pass through to pedestrian only; and 

WHEREAS, the Granville Village Council is of the belief that the community would be best served by eliminating vehicular access between St. Luke’s Episcopal Church and the Granville Historical Society; and 

WHEREAS, the Granville Village Council has enacted Section 301.54 and Section 305.02(O) of the Codified Ordinances providing for village walkways, the marking thereof, and restrictions applicable thereto; and

WHEREAS, the cost of the conversion of this pass through, the future maintenance, including snow removal, and the insuring of the pass through will be the product of negotiations between the Village, St. Luke’s Episcopal Church and the Granville Historic Society. 

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

Section 1:  The pass through between St. Luke’s Episcopal Church and the Granville Historical Society will be converted from the current vehicular/pedestrian traffic to pedestrian only as defined in Section 301.54 of the Codified Ordinances. 

Section 2:  The Manager shall appropriately mark this public way as a Village walkway as set forth in Section 305.02(O) of the Codified Ordinances. 

Section 3: An agreement concerning the design and capital costs for the conversion of this pass through and the responsibility for future maintenance including snow removal, etc. shall be negotiated by the Village, St. Luke’s Episcopal Church and the Granville Historical Society. 

Section 4: Should an agreement between the Village, St. Luke’s Episcopal Church and the Granville Historical Society concerning the capital cost of conversion, future maintenance, including snow removal and insuring of the pass through not be in effect on or before July 1, 2012, the pass through use will revert to the current use patterns allowing for both pedestrian and vehicle access. 

Section 5:  This Ordinance shall take effect and be in force from and after the earliest period allowed by law. 

Passed this 21st day of December, 2011.

Ordinance No. 38-2011

ORDINANCE NO. 38-2011

AN ORDINANCE TO AUTHORIZE THE VILLAGE MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE BOARD OF GRANVILLE TOWNSHIP TRUSTEES FOR THE LEASING OF THE FIRE STATION BUILDING AT 133 NORTH PROSPECT STREET

            WHEREAS,  the Village of Granville desires to renew a lease agreement with the Granville Township Board of Trustees for the currently used by the Granville Fire Department located at 133 North Prospect Street; and 

            WHEREAS, Council has determined that the lease agreement shall be for a period beginning on January 1, 2012 and ending on December 31, 2016 with an option to extend the term of the lease of one additional five year term; and 

            WHEREAS, the rent for the building shall be $1.00, payable annually by January 31st of each year.  

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

Section I:    Council hereby authorizes the Village Manager to execute the Lease Agreement with the Granville Township Board of Trustees attached hereto, identified as Exhibit A, which authorizes use of the property located at 133 North Prospect Street for a term beginning on January 1, 2012 and ending on December 31, 2016, based on the terms and conditions specified in Exhibit A. 

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

Passed this 7th day of December, 2011.

Exhibit A

Ordinance No. 37-2011

ORDINANCE NO. 37-2011 

AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF GRANVILLE, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2012 

 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, 2012 and ending December 31, 2012 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, has been presented 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, 2012, the following sums be and are hereby set aside and appropriated as follows: 

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 $705,820

 212 Employee Benefits $293,100

 230 Contractual Services $ 74,900

 240 Supplies & Materials $ 75,500

 250 Capital Outlay $ 0

 270 Transfers $ 4,200

 TOTAL $1,153,520 

 

A1-1-C STREET LIGHTING

 230 Contractual Services $ 37,000

 250 Capital Outlay $ 8,000

 TOTAL $ 45,000

 

Total Program I - Security Of Person And Property $1,198,520 

Program II - Public Health and Human Services

 

A1-2-B COUNTY HEALTH DISTRICT

 230 Contractual Services $ 28,500

 TOTAL $ 28,500 

 

Total Program II - Public Health And HUMAN SERVICES $ 28,500


Program III - Community Environment

 

A1-4-F COMMUNITY SERVICES

 230 Contractual Services $ 82,500

 240 Supplies & Materials $ 12,000

 250 Capital Outlay $ 16,000

 270 Transfers $ 5,000

 TOTAL $ 115,500

 

A1-4-X BUSINESS DEVELOPMENT

 230 Contractual Services $ 7,000

 TOTAL $ 7,000

 

Total Program III - Community Environment $ 122,500

Program VI - Transportation

 

A1-6-A STREET CONSTRUCTION

 230 Contractual Services $ 45,000

 250 Capital Outlay $ 85,000

 260 Debt Service $ 30,988

 270 Transfer $ 10,000

 TOTAL $ 170,988

 

A1-6-B STREET MAINTENANCE AND REPAIR

 211 Salaries/Wages $413,096

 212 Employee Benefits $164,023

 230 Contractual Services $ 59,500

 240 Supplies & Materials $ 20,000

 270 Transfers $ 55,000

 TOTAL $ 711,619 

 

A1-6-D STORM SEWERS AND DRAINS

 230 Contractual Services $ 21,000

240 Supplies & Materials $ 16,000

250 Capital Outlay $ 29,000

 TOTAL $ 66,000

 

A1-6-G SIDEWALKS

 230 Contractual Services $ 12,000

 250 Capital Outlay $ 10,000

 270 Transfers $ 40,000

 TOTAL $ 62,000 

 

Total Program VI - Transportation $1,010,607

 

Program V - General Government

 

A1-7-A ADMINISTRATIVE OFFICES

 211 Salaries/Wages $240,246

 212 Employee Benefits $130,118

230 Contractual Services $ 36,000

 240 Supplies & Materials $ 26,000 TOTAL $ 432,364

 

A1-7-B LEGISLATIVE ACTIVITIES

 211 Salaries/Wages $ 3,960 

 212 Employee Benefits $ 671

230 Contractual Services $ 39,000

240 Supplies & Materials $ 7,000

 TOTAL $ 50,631

 

A1-7-C MAYOR'S COURT

 211 Salaries/Wages $ 45,413

 212 Employee Benefits $ 19,816

 230 Contractual Services $ 61,700

 240 Supplies & Materials $ 3,600

 TOTAL $ 130,529

 

A1-7-D INCOME TAX

 211 Salaries/Wages $ 42,230

 212 Employee Benefits $ 25,325

 230 Contractual Services $ 8,300

 240 Supplies & Materials $ 15,000

 280 Refunds $ 70,000

 TOTAL $ 160,855

 

A1-7-E LANDS & BUILDINGS

 211 Salaries/Wages $ 29,000

 212 Employee Benefits $ 4,917

 230 Contractual Services $ 87,000

 240 Supplies & Material $ 12,000 

 270 Transfers $188,000 

 TOTAL $ 320,917

 

A1-7-F BOARDS & COMMISSIONS

 211 Salaries/Wages $ 93,148

 212 Employee Benefits $ 39,991

 230 Contractual Services $ 61,700

 240 Supplies & Materials $ 9,500 

TOTAL $ 204,339

 

A1-7-G COUNTY AUDITOR & TREASURERS' FEES

 230 Contractual Services $ 25,000

 TOTAL $ 25,000

 

A1-7-H TAX DELINQUENT LAND ADVERTISING

 230 Contractual Services $ 400

 TOTAL $ 400

 

A1-7-I STATE AUDITOR’S FEES

 230 Contractual Services $ 10,000

 TOTAL $ 10,000 

 

A1-7-J ELECTION

 230 Contractual Services $ 2,000

 TOTAL $ 2,000

 

A1-7-K LAW

 211 Salaries/Wages $ 12,000

 212 Employee Benefits $ 2,104

 230 Contractual Services $ 90,000

 240 Supplies & Materials $ 500

 TOTAL $ 104,604 

 

Total Program VII - General Government $1,441,639

 

GRAND TOTAL GENERAL FUND APPROPRIATIONS $3,801,767

 

 

Section III: That there be appropriated from the following Special Revenue Funds:

 

B1-6-B STREET & MAINTENANCE REPAIR

 230 Contractual Services $ 27,000 

240 Supplies & Materials $160,000

250 Capital Outlay $ 3,500

 TOTAL $ 190,500

 

B2-6-B STATE HIGHWAY FUND

 230 Contractual Services $ 9,000

250 Capital Outlay $ 3,500

 TOTAL $ 12,500

 

Section IV: That there be appropriated from the following OPERA HOUSE PARK IMPROVEMENT Fund:

 

B3 OPERA HOUSE PARK IMPROVEMENT FUND

 230 Contractual Services $ 24,109

 TOTAL $ 24,109 

 

Section V: That there be appropriated from the following BRYN DU Fund:

 

B4 BRYN DU FUND

 230 Contractual Services $ 25,000

 250 Capital Outlay $ 50,000

 260 Debt Service $480,000

 TOTAL $ 555,000 

 

 

 

 

 

Section VI: That there be appropriated from the following Law Enforcement Trust Fund:

 

B9 LAW ENFORCEMENT TRUST FUND

 240 Supplies & Materials $ 500

 TOTAL $ 500

 

B13 LAW ENFORCEMENT & EDUCATION FUND

 240 Supplies & Materials $2,000

 TOTAL $ 2,000

 

Grand Total special revenue fund $ 784,609 

 

Section VII: That there be appropriated from the following Enterprise Funds: 

 

E1- WATER FUND

 

E1-5-E PRODUCTION

 211 Salaries/Wages $197,095 

 212 Employee Benefits $ 80,051

 230 Contractual Services $208,500

 240 Supplies & Materials $ 87,600

 260 Debt Service $ 56,785

 270 Transfers $ 66,837

 280 Refunds $ 500

 TOTAL $ 697,368 

 

E1-5-F WATER DISTRIBUTION

 211 Salaries/Wages $ 48,850

 212 Employee Benefits $ 27,447

 230 Contractual Services $ 29,600 

 240 Supplies & Materials $ 44,000

 270 Transfers $ 4,000

TOTAL $ 153,897 

 

TOTAL FOR E-1 - WATER FUND APPROPRIATION $ 851,266

 

E2 - SEWAGE 

 

E2-5-G SEWAGE TREATMENT

 211 Salaries/Wages $119,718

 212 Employee Benefits $ 59,196

 230 Contractual Services $233,100 

 240 Supplies & Material $ 78,100 

 260 Debt Service $ 48,900

 270 Transfers $ 11,000

 280 Refunds $ 500

 TOTAL $ 550,514

 

E2-5-H SEWAGE COLLECTION

 211 Salaries \ Wages $ 36,193

 212 Employee Benefits $ 13,992

 230 Contractual Services $ 64,000 

 240 Supplies & Materials $ 36,000

 270 Transfers $ 10,000

 TOTAL $ 160,185

 

TOTAL FOR E2 SEWER FUND APPROPRIATIONS $ 710,699

 

E8 REFUSE COLLECTION FUND 

230 Contractual Service $230,000

280 Refunds $ 500

TOTAL $ 230,500

 

E91 WATER CAPITAL IMPROVEMENTS FUND

 250 Capital Outlay $ 0

 280 Refunds $ 3,000 

 TOTAL $ 3,000

 

C-3 SEWER REPLACEMENT & IMPROVEMENT FUND

 250 Capital Outlay $ 55,000

 TOTAL $ 55,000 

 

GRAND TOTAL ENTERPRISE FUNDS: $1,850,464

 

 

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

 

A7-6-B PATHWAY RESERVE FUND

250 Capital Outlay $ 46,000

TOTAL $ 46,000

 

F2 EQUIPMENT RESERVE FUND

 250 Capital Outlay $ 0

 TOTAL $ 0_ __ 

 

GRAND TOTAL INTERNAL SERVICE FUNDS $ 46,000

 

 

Section IX: That there be appropriated from the Special Assessment Fund:

 

H1-1 EAST WATERLINE

H1-1-A Incidental Expenses $ 1,000

H1-1-B Principal $ 12,700

H1-1-C Interest $ 6,000

 TOTAL $ 19,700 

 

H4-4 WESTGATE SEWER

H4-4-A Incidental Expenses $ 550

H4-4-B Principal $ 5,500

H4-4-C Interest $ 2,700

TOTAL $ 8,750

 

GRAND TOTAL SPECIAL ASSESSMENT FUNDS $ 28,450 

Section X: 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 XI: That this ordinance therefore shall become effective as of January 1, 2012, for the purpose of effecting expenditures within the limitations herein set forth, during the fiscal year extending from that date to December 31, 2012. 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.

Passed this 7th day of December, 2011.

Ordinance No. 36-2011

ORDINANCE NO. 36-2011

AN ORDINANCE TO AMEND SECTION 925.18 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO ADJUST WATER REGULATIONS AND CHARGES FOR THE YEARS 2012 AND 2013 

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

Section I: Section 925.18 of the Codified Ordinances of Granville, Ohio, is hereby amended to read as follows: 

          925.18 RATES FOR RESIDENTIAL AND BUSINESS CONSUMERS 

The price to be charged for water furnished by the Water Division to residential and business consumers situated in the municipality are hereby fixed as follows:

Section II. The rates provided in Section I above shall be effective for water usage during the month of January 2012, which will be reflected in the meter readings that will occur on or about February 1, 2012 and billed on or about March 1, 2012.

Section III: Section 925.18 of the Codified Ordinances of Granville, Ohio, shall further be amended in November, 2012 to read as follows: 

          925.18 RATES FOR RESIDENTIAL AND BUSINESS CONSUMERS 

The price to be charged for water furnished by the Water Division to residential and business consumers situated in the municipality are hereby fixed as follows: 

Section IV. The rates provided in Section III above shall be effective for water usage during the month of November 2012, which will be reflected in the meter readings that will occur on or about December 1, 2012 and billed on or about January 1, 2013

Section V:  This ordinance shall take effect and be in force from and after the earliest date allowed by law. 

Passed this 16th day of November, 2011.

 

Ordinance No. 35-2011

ORDINANCE NO. 35-2011 

AN ORDINANCE TO AMEND SECTION 921.07 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVLLE TO ADJUST SEWER REGULATIONS AND CHARGES FOR THE YEARS 2012 AND 2013 

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

Section I: Section 921.07 of the Codified Ordinances of Granville, Ohio, is hereby amended to read as follows: 

          Section 921.07  SEWER SERVICE CHARGES 

For the purpose of providing for the cost of the management, maintenance, operation and repair of the sewerage system and sewage pumping, treatment and disposal works, and for the enlargement or replacement of the system and works, and for the construction and reconstruction of main and interceptor sewers and the payment of interest on any debt incurred for the construction thereof, there is hereby levied and assessed upon each lot or parcel of land in the Village of Granville on which a building, commercial, industrial, institutional or residential is located, which is connected to the Village of Granville sewer system, a sewer service charge as hereinafter provided. All classes of users shall be levied charges on the same basis as described hereinafter. 

The sewer service charge shall be calculated on the volume of waste-water discharged directly or indirectly into the sewer system and shall be measured by the water used by each sewer user as shown by water meter readings. The sewer service charge for the Village of Granville shall consist of a user charge for operation, maintenance and replacement (OM&R) of Five Dollars and Ninety-Six Cents ($5.96) per thousand gallons. If the total sewage (as measured by water meter readings) discharged in any one (1) month period is less than one thousand (1000) gallons, there shall be a minimum charge of Five Dollars and Ninety-Six Cents ($5.96). Such minimum charge shall be for OM&R in the amount of Five Dollars and Ninety-Six Cents ($5.96). 

The sewer service system charge will be audited annually by the Village with the charges being adjusted upwards or downwards in order to assure that the system is and will continue to be self-sufficient and that sufficient revenue is being generated from each user class in the proper proportions. No free service shall be provided in this service charge system. Each user will be notified by the Village, at least annually, in conjunction with a regular bill, of the rates for that year and that portion of the service charges which are attributable to the user charge for operation, maintenance and replacement of the system. In addition, rates will be reviewed and adjusted accordingly to compensate users of each class for any overages and underages accumulated during the previous rate period. The sewer service charge herein assessed shall be in addition to the charge made for water used. 

Where a private supply is used, the sewer service charge may be calculated by requiring the property owner to meter the private water supply, such metering to be at the property owner's expense and such measurement to be used in the same manner as a public water meter in determining the charge. The Village may, at its option, in lieu of such metering, apply a sewer service charge of fifty dollars ($50.00) per month to such premises.  Each resident, institution, commercial or industrial establishment shall be subject to a separate sewer service charge even though such establishment may be served by a sewer connection common to other premises. If it be found by the citizen that the water or waste measured or metered for any customer is greater than that actually being discharged directly or indirectly into the sewage system, the Village may modify and adjust such volume in accordance with the facts and with justice and equity, but no charge less than the minimum shall be made for any customer subject to the sewer service charge. 

Where a private water supply is used and/or the user desires to meter his water use or sewage flow, the owner shall incur all expenses related to the installation of said meter. Prior to installation of the meter, the type of equipment installed and its location must be approved by the Village. Prior to placing said meter into use after installation, the Village shall inspect and approve or disapprove the meter installation. Any modifications required by the Village shall be made at the user's expense and prior to the meter's use. The meter shall be located in a suitable location that will accommodate readings by Village personnel. Tampering with the meter by the user to cause inaccurate readings shall make the user subject to the penalty provisions of Section 921.99. 

Section II: The rates provided in Section I above shall be effective for wastewater usage during the month of January 2012, which will be reflected in the meter readings that will occur on or about February 1, 2012 and billed on or about March 1, 2012.  

Section III:  Section 921.07 of the Codified Ordinances of Granville, Ohio, shall be further be amended as of November, 2012 to read as follows:

Section 921.07  SEWER SERVICE CHARGES 

For the purpose of providing for the cost of the management, maintenance, operation and repair of the sewerage system and sewage pumping, treatment and disposal works, and for the enlargement or replacement of the system and works, and for the construction and reconstruction of main and interceptor sewers and the payment of interest on any debt incurred for the construction thereof, there is hereby levied and assessed upon each lot or parcel of land in the Village of Granville on which a building, commercial, industrial, institutional or residential is located, which is connected to the Village of Granville sewer system, a sewer service charge as hereinafter provided. All classes of users shall be levied charges on the same basis as described hereinafter. 

The sewer service charge shall be calculated on the volume of waste-water discharged directly or indirectly into the sewer system and shall be measured by the water used by each sewer user as shown by water meter readings. The sewer service charge for the Village of Granville shall consist of a user charge for operation, maintenance and replacement (OM &R) of Six Dollars and Seventeen Cents ($6.17) per thousand gallons. If the total sewage (as measured by water meter readings) discharged in any one (1) month period is less than one thousand (1000) gallons, there shall be a minimum charge of Six Dollars and Seventeen Cents ($6.17). Such minimum charge shall be for OM&R in the amount of Six Dollars and Seventeen Cents ($6.17). 

The sewer service system charge will be audited annually by the Village with the charges being adjusted upwards or downwards in order to assure that the system is and will continue to be self-sufficient and that sufficient revenue is being generated from each user class in the proper proportions. No free service shall be provided in this service charge system. Each user will be notified by the Village, at least annually, in conjunction with a regular bill, of the rates for that year and that portion of the service charges which are attributable to the user charge for operation, maintenance and replacement of the system. In addition, rates will be reviewed and adjusted accordingly to compensate users of each class for any overages and underages accumulated during the previous rate period. The sewer service charge herein assessed shall be in addition to the charge made for water used. 

Where a private supply is used, the sewer service charge may be calculated by requiring the property owner to meter the private water supply, such metering to be at the property owner's expense and such measurement to be used in the same manner as a public water meter in determining the charge. The Village may, at its option, in lieu of such metering, apply a sewer service charge of fifty dollars ($50.00) per month to such premises.  Each resident, institution, commercial or industrial establishment shall be subject to a separate sewer service charge even though such establishment may be served by a sewer connection common to other premises. If it be found by the citizen that the water or waste measured or metered for any customer is greater than that actually being discharged directly or indirectly into the sewage system, the Village may modify and adjust such volume in accordance with the facts and with justice and equity, but no charge less than the minimum shall be made for any customer subject to the sewer service charge. 

Where a private water supply is used and/or the user desires to meter his water use or sewage flow, the owner shall incur all expenses related to the installation of said meter. Prior to installation of the meter, the type of equipment installed and its location must be approved by the Village. Prior to placing said meter into use after installation, the Village shall inspect and approve or disapprove the meter installation. Any modifications required by the Village shall be made at the user's expense and prior to the meter's use. The meter shall be located in a suitable location that will accommodate readings by Village personnel. Tampering with the meter by the user to cause inaccurate readings shall make the user subject to the penalty provisions of Section 921.99. 

Section IV: The rates provided in Section III above shall be effective for wastewater usage during the month of November 2012, which will be reflected in the meter readings that will occur on or about December 1, 2012 and billed on or about January 1, 2013

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

Passed this 16th day of November, 2011.

Ordinance No. 34-2011

ORDINANCE NO. 34-2011 

AN ORDINANCE TO AMEND ORDINANCE NO. 22-10 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2011 AND REVISING SUMS FOR OPERATING EXPENSES RELATED TO ESTABLISHING A CAPITAL PROJECT FUND 

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, 2011 and ending December 31, 2011; and 

WHEREAS, the Finance Director has recommended appropriations to supplement previously made appropriations; and 

WHEREAS, adjustments would be made to accommodate the following needs: 

  1. County Auditor 

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

Section 1. The annual budget of the Village of Granville, as established by Ordinance No. 22-10 is amended by the Council, as recommended by the Finance Director, and is hereby adopted. 

Section 2. The following additional appropriations are hereby made to the following funds during the fiscal year ending December 31, 2011: 

Account                Description                                          Additional Appropriation

 A1-7-E-270          Lands & Buildings Transfers                 $ 1,923,782.06 

A1-7-G-230         County Auditor & Treasurers Fees       $      21,649.14 

Section 3. This ordinance shall be effective from and after the earliest date allowed by law. 

 Passed this 19th day of October, 2011.

Ordinance No. 33-2011

ORDINANCE NO. 33-2011 

AN ORDINANCE TO CREATE A CAPITAL PROJECT RESERVE FUND 

WHEREAS, Section 5705.13 of the Ohio Revised Code authorizes the Village to establish a capital project fund for the purpose of accumulating resources for the acquisition, construction, or improvement of fixed assets; and 

WHEREAS, the Village has received an inheritance tax settlement of $1,925,150.89; and 

WHEREAS, it is the desire of the Village Council to create a Capital Project Reserve Fund to account for this unexpected revenue and ensure the funds are used to address capital improvement needs of the Village. 

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

Section 1:    The Chart of Accounts for the Village of Granville shall be amended as follows to include a new Capital Project Reserve Fund to address capital needs of the Village: 

                                                     Fund                       Description

                                                      A8              Capital Project Reserve Fund 

Section 2:    This ordinance shall be effective from and after the earliest date allowed by law. 

Passed this 19th day of October, 2011.

 

Ordinance No. 32-2011

ORDINANCE NO. 32-2011 

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $359,000 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 

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 Finance Director 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 issued to finance part of the cost of the Project (the "Prior Notes") are about to mature and should be renewed in an amount not to exceed $463,000;

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 not to exceed $359,000, for the purpose of paying part of the cost of the Project.  Such bonds shall be dated approximately November 1, 2012, 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 twenty-six (26) years after their issuance.

SECTION 2.  That it is hereby determined that notes (hereinafter called the “Notes”) in the principal amount of not to exceed $359,000 shall be issued in anticipation of the issuance of said bonds.

SECTION 3.  That the Notes shall (i) be issued in a principal amount not exceeding that set forth above, (ii) be dated the date of their initial issuance, (iii) bear interest at a rate not to exceed seven percent (7%) per annum, payable at maturity, (iv) mature not more than one year from such date of initial issuance, and (v) be of such number and denominations as may be requested by the purchaser, all as determined by the Finance Director without further action of this council.

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 or Mayor and Finance Director, 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, Eighth (2011) 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 and awarded, at not less than par and accrued interest, by the Finance Director without further action of this council, in accordance with the purchaser’s offer to purchase, which the Finance Director is hereby authorized to accept without further action of this council.  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 Finance Director 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 and not deemed so designated.  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 Finance Director 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 serving as registrar for the Notes (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 Finance Director 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 Finance Director 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 law firm of Peck, Shaffer & Williams LLP be and is hereby retained as bond counsel to the Municipality to prepare the necessary authorization and related closing documents for the issuance, sale and delivery of the Notes and, if appropriate, rendering its approving legal opinion in connection therewith in accordance with the written agreement presently on file with the Municipality which the Mayor, the Village Manager and the Finance Director are each hereby separately authorized, alone or with others, to execute and deliver on behalf of the Municipality, with such changes thereto not substantially adverse to the Municipality as may be approved by such officers.  The approval of such changes by such officers, and that the same are not substantially adverse to the Municipality, shall be conclusively evidenced by the execution of such agreement by such officers.  Such law firm shall be compensated by the Municipality for the above services in accordance with such written agreement.

SECTION 12.  That the Finance Director is hereby directed to forward a certified copy of this ordinance to the county auditor.

SECTION 13.  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 14.  That this ordinance shall take effect at the earliest time permitted by law.

Passed this 5th day of October, 2011.

 

Ordinance No. 31-2011

Ordinance No. 31-2011

AN ORDINANCE TO AMEND ORDINANCE NO. 22-10 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2011 AND REVISING SUMS FOR OPERATING EXPENSES FOR THE EXTENSION OF THE SOUTH MAIN STREET WATERLINE 

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, 2011 and ending December 31, 2011, and; 

WHEREAS, the Finance Director has recommended appropriations to supplement previously made appropriations; and 

WHEREAS, adjustments would be made to accommodate the following needs: 

  1.       Lands & Buildings - $56,255 for Capital Improvements
  2.       Water Capital Improvement - $19,000 for Capital Improvements 

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.22-10, be amended by the Council, as recommended by the Finance Director, and is hereby adopted. 

Section II:      To provide for operating expenditures during the fiscal year ending December 31, 2011, the following additional appropriations are hereby made to the following funds: 

                     Account                          Description                               Additional Appropriation 

                     A1-7-E-250                   Capital Outlay                           $56,255.00

                     Lands & Buildings 

                     E91-5-E-250                  Capital Outlay                          $  19,000.00

                     Water Capital Improvement 

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

 Passed this 17th day of August, 2011.

 

Ordinance No. 30-2011

ORDINANCE NO. 30-2011 

AN ORDINANCE TO AMEND SECTION 1305.01 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO AMEND ZONING FEES 

            WHEREAS, the Village zoning fees were last updated in August, 2005; 

            WHEREAS, the Granville Planning Commission has reviewed the proposed fees and made their recommendation. 

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

Section   I:      Existing Section 1305.01 of the Codified Ordinances of the Village of Granville, Ohio is hereby amended as noted in “Exhibit A” attached hereto and incorporated herein 

Section II:      This ordinance shall take effect and be in force from and after the earliest date allowed by law. 

Passed this 5th day of October, 2011.

Exhibit A

Ordinance No. 29-2011

Ordinance No. 29-2011

AN ORDINANCE TO AMEND ORDINANCE NO. 22-10 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2011 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, 2011 and ending December 31, 2011, and; 

WHEREAS, the Finance Director has recommended appropriations to supplement previously made appropriations; and 

WHEREAS, adjustments would be made to accommodate the following needs: 

a. Income Tax Fund - $37,000 for refunds
b. Street Maintenance & Repair Fund - $12,000 for contractual services
c. Street Fund - $20,000 for contractual services
d. Sewer Replacement & Improvement Fund - $74,100 for capital outlay
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.22-10, be amended by the Council, as recommended by the Finance Director, and is hereby adopted. 

Section II: To provide for operating expenditures during the fiscal year ending December 31, 2011, the following additional appropriations are hereby made to the following funds:

 

Account Description Additional Appropriation 

 A1-7-D-280 Refunds $37,000.00

 Income Tax Fund 

 A1-6-B-230 Contractual Services $12,000.00

 Street Maintenance & Repair Fund 

 B1-6-B-230 Contractual Services $20,000.00

 Street Fund

 C3-5-G-250 Capital Outlay $74,100.00 

 Sewer Replacement & Improvement Fund

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

Passed this 6th day of August, 2011.

Ordinance No. 28-2011

ORDINANCE NO. 28-2011 

AN ORDINANCE TO AMEND SECTION 10.11 OF THE VILLAGE CHARTER TO ESTABLISH A DATE FOR COUNCIL TO APPOINT FUTURE CHARTER REVIEW COMMISSIONS AND TO ESTABLISH DATE FOR FUTURE CHARTER REVIEW COMMISSIONS TO REPORT THEIR RECOMMENDATIONS FOR AMENDMENTS TO THE CHARTER TO COUNCIL, AND TO DECLARE AN EMERGENCY 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 10.11 of the Charter as set forth in Sections 1 and 2 of this Ordinance; 

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1:   As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors. 

Section 2:   SECTION 10.11      CHARTER REVIEW COMMISSION

                    In January 1971 In December 2020, and each ten years thereafter, the Council shall appoint a commission of seven electors of the municipality, holding no other public office or employment, as members of a Charter Review Commission. The Commission shall examine this Charter, hold hearings to secure suggestions thereon not later than July 1 of the year of their appointment June 1 of the year following their appointment report to Council their recommendations for amendments, if any, to this Charter which in their judgment are conducive to the public interest. The Commission shall serve without compensation. The Council shall vote on those amendments suggested by the Commission. With a two-thirds majority approval by Council, the amendments will then be submitted to a public vote at the next November election.

Section 3:   This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio.

Section 4:   This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage.

Passed this 20th day of July, 2011.

Ordinance No. 27-2011

ORDINANCE NO. 27-2011 

AN ORDINANCE TO AMEND SECTION 10.01 OF THE VILLAGE CHARTER TO CORRECT A NON-SUBSTANTIVE CLERICAL ERROR IN THE LANGUAGE, AND TO DECLARE AN EMERGENCY 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 10.01 of the Charter as set forth in Sections 1 and 2 of this Ordinance; 

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1:   As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors.

Section 2:   SECTION 10.01           OATH OF OFFICE

                    Every officer an and employee of the municipality shall, before entering upon his or her duties, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the Clerk of Council:

                        “I solemnly swear (or affirm) that I will support the Constitution of the United States and that of the State of Ohio and will obey the laws thereof, and that I will, in all respects, uphold and enforce the provisions of the Charter and ordinances of this municipality, and will faithfully discharge the duties of                                      upon which I am about to enter.

 

Section 3:   This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio. 

Section 4:   This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage. 

Passed this 20th day of July, 2011.

Ordinance No. 26-2011

ORDINANCE NO. 26-2011

AN ORDINANCE TO AMEND SECTION 9.04 OF THE VILLAGE CHARTER TO MAKE MISCELLANEOUS NON-SUBSTANTIVE LANGUAGE ADDITIONS AND CHANGES FOR CONSISTENCY, CLARITY AND UNIFORMITY OF EXPRESSION, AND TO DECLARE AN EMERGENCY 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 9.04 of the Charter as set forth in Sections 1 and 2 of this Ordinance; 

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1: As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors. 

Section 2: SECTION 9.04       CANDIDATES FOR COUNCIL

                  Any qualified voter who is eligible to vote in the primary election for membership on the Council in the primary may file a petition with the Board of Elections for a candidate for Council not less than 75 days before the November election (See Sections 2.02 and 2.03). Such petition shall be signed by not less than twenty-five qualified voters. An elector may sign the petitions of more than one petition for Council candidate.

                        The number of candidates receiving the highest number of votes for the number of vacancies on the Council shall be elected. Except as otherwise provided in the Charter, such election shall be conducted in accordance with Title 35 of the Ohio Revised Code, and as such title may be hereafter amended. 

Section 3: This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio. 

Section 4: This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage. 

Passed this 20th day of July, 2011.

Ordinance No. 25-2011

ORDINANCE NO. 25-2011 

AN ORDINANCE TO AMEND SECTION 8.01 OF THE VILLAGE CHARTER REQUIRING ALL FIVE MEMBERS OF THE PLANNING COMMISSION TO BE ELECTORS OF THE VILLAGE OF GRANVILLE, TO ELIMINATE THE REQUIREMENT THAT ONE MEMBER OF THE PLANNING COMMISSION BE A MEMBER OF THE BOARD OF EDUCATION, TO ESTABLISH THE REQUIREMENT THAT ONE MEMBER OF THE BOARD OF EDUCATION OR A DESIGNEE OF THE BOARD OF EDUCATION SERVE AS AN EX-OFFICIO MEMBER OF THE PLANNING COMMISSION, AND TO REQUIRE EITHER A MEMBER OF COUNCIL OR A DESIGNEE OF THE COUNCIL SERVE AS AN EX-OFFICIO MEMBER OF THE PLANNING COMMISSION, AND TO DECLARE AN EMERGENCY 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 8.01 of the Charter as set forth in Sections 1 and 2 of this Ordinance; 

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1:    As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors. 

Section 2:    SECTION 8.01        PLANNING COMMISSION

                    There shall be a Municipal Planning Commission consisting of five (5) members. Four All members shall be electors who hold no other public office or employment, appointed by the Council to serve for overlapping terms of three (3) years. and one (1) shall be either a member of the Board of Education who is a resident of the Municipality or its designee, appointed annually by the Board as the Board shall determine; and a. Either a member of Council or a designee, designated annually by Council, shall serve as an ex-officio member of the Planning Commission. Further either a member of the Granville Exempted Village School District Board of Education or a designee, as designated a by the Granville Exempted Village School District Board of Education, shall also serve as an ex-officio member of the Planning Commission.  Minutes of all Planning Commission meetings shall be available for public examination during regular office hours. The Commission shall adopt its own rules and elect its officers annually. It shall have all the power and authority conferred upon planning commissions by State law and such other duties as may be imposed upon it by ordinance. Its members shall serve as such without compensation. 

Section 3:    This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio. 

Section 4:    This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage. 

Passed this 20th day of July, 2011.

Ordinance No. 24-2011

REMOVED FROM CONSIDERATION – NOT ON BALLOT 

ORDINANCE NO. 24-2011 

AN ORDINANCE TO AMEND SECTION 5.07 OF THE VILLAGE CHARTER OF THE VILLAGE OF GRANVILLE, OHIO. 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 5.07 of the Charter as set forth in Sections 1 and 2 of this Ordinance; 

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1:   As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors. 

Section 2:   SECTION 5.07    PERSONAL INTEREST

                    Any municipal officer or employee who has a substantial financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the municipality or in the sale of any land, material, supplies or services to the municipality, shall make known that interest and shall refrain from voting upon or otherwise participating, in his capacity as such officer or employee, in the making of such sale, or in the making or performance interest or willfully violates the requirements  of this section is guilty of malfeasance in office and upon conviction shall forfeit his or her office position. 

Section 3:   This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio. 

Section 4:   This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage. 

Removed from consideration June 15, 2011

 

Ordinance No. 23-2011

REMOVED FROM CONSIDERATION – NOT ON BALLOT 

ORDINANCE NO.  23-2011 

AN ORDINANCE TO AMEND SECTION 4.02 OF THE VILLAGE CHARTER OF THE VILLAGE OF GRANVILLE, OHIO 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 4.02 of the Charter as set forth in Sections 1 and 2 of this Ordinance; 

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1: As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors. 

Section 2: SECTION 4.02   QUALIFICATIONS OF MANAGER

                  Council shall choose the Manager solely on the basis of his or her executive and administrative qualifications in the profession of management, as judged by the adequacy of his or her technical training or successful experience in administration, or both. At the time of appointment, the Manager need not be a resident of the municipality, but during his or her tenure of office, he or she shall reside in the municipality, unless authorized by Council to reside elsewhere. Forty percent (40%) of the manager’s salary shall be deemed a housing allowance to be paid only if and when the Manager resides within the Village of Granville. The Manager shall serve for an indefinite term at will – at the discretion of Council – and no contract shall be entered into between Council and the Village Manager that requires Council to employ the Village Manager for a specified period. No contract provision shall be placed in the Manager’s contract which would require a buyout of his or her contract if Council desires no longer to retain the Manager. 

Section 3: This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio. 

Section 4: This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage. 

Removed from consideration June 15, 2011

Ordinance No. 22-2011

ORDINANCE NO. 22-2011 

AN ORDINANCE TO AMEND SECTION 3.08 OF THE VILLAGE CHARTER TO REDUCE THE TOTAL NUMBER OF VALID SIGNATURES REQUIRED FOR INITIATIVE AND REFERENDUM PETITIONS FROM FIFTEEN PERCENT TO TEN PERCENT OF THE NUMBER OF MUNICIPAL ELECTORS WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE LAST GUBERNATORIAL ELECTION, AND TO DECLARE AN EMERGENCY 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 3.08 of the Charter as set forth in Sections 1 and 2 of this Ordinance; 

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1:   As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors. 

Section 2:   SECTION 3.08             INITIATIVE AND REFERENDUM

                    (A)  Except as otherwise provided in this Charter, ordinances may be proposed or submitted to popular vote by initiative and referendum petition. Petitions are subject to the procedures of this section and not Sections 731.28 to 731.35 of the Ohio Revised Code. However, petitions are subject to Sections 731.36, 731.38, 731.40, 731.99, and 3501.38 of the Ohio Revised Code and to other sections of the Ohio Revised Code generally applicable to municipal elections and electors. Petitions and the signatures on petitions are presumed, prima facie, to be sufficient. No petition shall be declared invalid in its entirety when one or more signatures are found to be invalid, except when the total number of valid signatures is found to be less than fifteen ten percent of the number of municipal electors who voted for the office of Governor at the last gubernatorial election. After the Board of Elections certifies the results of an election held under this section, the election shall not be set aside, and no ordinance submitted to and approved by the electors under this section shall be held ineffective or void, on account of insufficiency or defect of the petition by which the submission of the ordinance was procured. 

                        (B)  To initiate an ordinance or submit an ordinance to referendum, before collecting signatures:

                                          (1)   Initiative petitioners must file a written notice with the Clerk of Council or other person designated to receive notices on behalf of Council, or if there is no Clerk or designee, with the Village Manager. The notice must state intent to file an initiative petition and identify by name, address and telephone number a designated representative of the petitioners. The petitioners must also attach a copy of the proposed ordinance to be initiated to the notice. A proposed ordinance must contain a title and body and contain only one subject clearly set forth in the title, as ordinances proposed by members of Council under Section 3.02 of this Charter. The ordinance may contain an opening clause reading, “Be it ordained by the people of Granville, Ohio,” or words of similar meaning, but this is not required.

                                        (2)  Referendum petitioners must file a written notice of intent to circulate a referendum petition with the Clerk, designee, or Manager stating the number and title of the ordinance identified in the notice from the village files and attach it to the notice.

                                        (3)   The Clerk, designee, or Manager shall stamp or mark either type of notice of intent and attached ordinance or proposed ordinance with the date and time it is received, make a copy of the notice and ordinance, stamp or mark the copy with the same date and time as the original, give the copy to the person who files the notice, and publish a notice under Section 3.06 of this Charter that the notice and ordinance have been filed and are available for public inspection at the municipal office.

                                         (4)   Petitioners may change designation of a representative at any time by filing a notice of change with the Clerk, designee, or Manager, stating the name, address, and telephone number of the new designated representative. 

                     (C) After the date and time of the filing of the notice of intent, petitioners may collect signatures of qualified municipal electors on the petition. A petition may be circulated in parts, but each part must contain the title of the ordinance or resolution to be initiated or referred. When they are finished collecting signatures, petitioners must file all parts of the petition together with the Clerk, designee, or Manager, who shall immediately publish notice under section 3.06 of this Charter that the petition is now available for public inspection at the municipal office. 

                      (D)    Except as provided in division (H) of this section, referendum petition must be filed within thirty days after Council approves the ordinance to be referred. If a referendum petition is filed, the ordinance challenged does not take effect until: 

                                            (1)    if the thirty-day period is extended under division (H) of this section for the collection of additional signatures but the petitioners file no additional signatures, the day after the date to which the time for collection of additional signatures was extended under division (H);

                                            (2)    when an insufficient number of additional signatures are obtained under division (H) of this section, five days after the Board of Elections certifies that the number of signatures is insufficient to place the issue on the ballot;

                                            (3)    thirty days after the petition is rejected by the municipality and the petitioners fail to bring a legal action to reinstate it under division (K) of this section;

                                            (4)    thirty days after the Board of Elections or a court rejects or rules against the referendum petition in an action brought under division (F) or (K) of this section, or any other action to defeat the petition, and no appeal or other legal action has been filed to contest the decision; or

                                            (5)    five days after the results of the election are certified, as provided in division (J) of this section.

                (E)   The petition and notice of intent and the attached ordinance or proposed ordinance filed under division (B) of this section shall be kept together in the municipal office for public inspection for ten days after the first publication of notice under section 3.06 (1) or 3.06 (2) of this Charter or the first posting of notice under section 3.06 (3) if no medium for publication is available under section 3.06 (1) or (2). The municipality may make additional copies available for public inspection if demand requires and shall take care to preserve the security and integrity of all documents. 

                (F)   The municipality may reject an initiative or referendum petition only for failure to file a notice under division (B) (1) of this section or to attach an ordinance with a title and body to because the petition does not contain on its face signatures equaling or exceeding fifteen ten percent of the number of municipal electors who voted for the office of Governor at the last gubernatorial election. To reject a petition for any other reason, the municipality must apply to the Board of Elections in a case where it has jurisdiction to review the petition, or to a court of competent jurisdiction where the board lacks jurisdiction. If the municipality takes such an action, the petitioners have standing as a party to the action.

                (G)   On the eleventh day after the publication of notice required by division (B) of this section, the Clerk, designee, or Manager shall transmit the petition to the Board of Elections for validation of signatures. The Board of elections shall examine the signatures on the petition, determine the number that are valid, notify the Clerk, designee, or Manager in writing of that number and whether it equals or exceeds fifteen ten percent of the number of municipal electors who voted for Governor at the last gubernatorial election, and return the petition to the Clerk, designee, or Manager as soon as possible.

                 (H)  If the Clerk, designee, or Manager receives written notice from the Board of Elections that a petition does not have sufficient, valid signatures to submit it to the electors, or if the municipality rejects the petition for that reason, then the Clerk shall immediately notify the representative of the petitioners identified in the notice filed under division (B) of this section first by telephone, if possible,  and second either by e-mail whereunder the person receiving the  e-mail notice confirms receipt, and  or by written notice mailed  certified mail with return receipt requested. Petitioners shall have ten days after the representative receives the written notice to file additional signatures on additional part-petitions. The additional part-petitions are subject to division (C) of this section. This additional ten-day period applies to a referendum petition even if it extends the time for filing the final petition beyond the thirty-day time limit of division (D) of this section. The Clerk, designee, or Manager shall publish notice, as under division (C) of this section, that additional signatures are now available for public inspection at the municipal office. On the tenth day after the first publication of this notice, the Clerk, designee, or Manager shall transmit the entire petition to the Board of Elections for validation of the additional signatures. The board shall examine and return the entire petition, as under division (G) of this section.

                 (I)    If the Board of Elections determines that a petition contains valid signatures equaling or exceeding fifteen ten percent of the number who voted for Governor at the last gubernatorial election, it shall submit the ordinance to the electorate at the next primary or general election occurring more than ninety days after the board declares the number of signatures sufficient, unless within ten days after the Board notifies the Clerk, designee, or Manager that the petition contains sufficient signatures, the municipality rejects the petition or takes legal action to reject it, as provided in division (F) of this section. 

                 (J)   Initiated ordinances approved and ordinances submitted to referendum and sustained by a majority of those voting take effect on the fifth day after the day on which the Board of Elections certifies the official vote on such question. 

                 (K)  Failure of the municipality of any of its officers, employees, divisions, departments, or agencies, or of the Board of Elections to comply exactly with the requirements of this section does not invalidate a petition. If the municipality or any of its officers, employees, divisions, departments, or agents, or the Board of Elections, fails or refuses to comply with a requirement of this section, he, she, or it may be compelled to do so by writ of mandamus. If the municipality wrongfully rejects a petition, it may be compelled to reinstate it by writ of mandamus. 

                  (L)   As used in this section:

                                            (1)    “general election,” and “primary election” have the same meanings as in section 3501.01 of the Ohio Revised Code;

                                            (2)    “valid signature” means the signature of a qualified elector that meets the requirements of this section and general election law; and

                                            (3)    “qualified elector” means a person who meets the requirements of Section 1 of Article V of the Constitution of Ohio and Section 3503.01 of the Ohio Revised Code. 

Section 3:   This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio. 

Section 4:   This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage. 

Passed this 20th day of July, 2011.

 

Ordinance No. 21-211

ORDINANCE NO. 21-2011 

AN ORDINANCE TO AMEND SECTION 3.06 OF THE VILLAGE CHARTER REQUIRING THE PUBLICATION OF NOTICES AND ORDINANCES IN A PROMPT MANNER THAT BEST ENSURES THE WIDEST DISTRIBUTION OF INFORMATION THROUGHOUT THE COMMUNITY AND FURTHER NARROWING THE METHOD IN WHICH PUBLICATION GOALS MAY BE MET, AND TO DECLARE AN EMERGENCY 

WHEREAS, a Charter Review Commission was appointed in January 2011, under Section 10.11 of the Village Charter; and 

WHEREAS, the Charter Review Commission made its recommendation on June 1, 2011, to amend Section 3.06 of the Charter as set forth in Sections 1 and 2 of this Ordinance;

NOW THEREFORE BE IT ORDAINED by the Council of the Village of Granville, Ohio, upon a two-thirds vote of the members of Council as required by Section 10.10 of the Village Charter and the Ohio Constitution, that: 

Section 1:    As used in Section 2, stricken-through language indicates current Charter language that will be deleted and bold-face language indicates new language that will be added to the Charter if the amendment is approved by the electors. 

Section 2:    SECTION 3.06    PUBLICATION OF NOTICES AND ORDINANCES

                    Whenever publication of any summary, notice or ordinance is required under this Charter it may be accomplished:

                    (1)   By publication in a news or advertising medium, which is distributed to all homes in the municipality at least once in two weeks, or

                    (2)   By publication in a newspaper of general circulation in the municipality, which appears at least weekly, or

                    (3)   By posting on a bulletin board at the municipal building and on similar boards in conspicuous places in the municipality. This method shall not be utilized as the sole method of publication unless neither of the above methods is available.  In addition to the above methods of notice, Village Staff immediately shall send out electronic notices, such as via the Village’s email system. 

Publication of new matter in a code of revised ordinances shall be deemed sufficient public notice of its contents. Appropriation ordinances shall be reproduced and distributed to the members of Council, to department heads, to municipal boards and commissions and to such citizens as may apply for copies thereof at the office of Clerk of Council or at the office of the Manager. All ordinances and resolutions shall be recorded in the office of the Clerk of Council and shall be available for public examination during regular office hours upon application either to the Clerk of Council or to the Manager. When a code of revised or compiled ordinances is published, copies shall be deposited in public offices, in local libraries and in such other public places as may be designated by Council. 

Section 3:    This amendment shall be placed before the electors of the Village of Granville, Ohio, at the November 8, 2011, election as provided in the Constitution and statutes of the State of Ohio. 

Section 4:    This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare. The reason for such necessity is that immediate action is necessary in order to place the Ordinance on the ballot on November 8, 2011, under the time restrictions set forth in the statute and Ohio Constitution. Therefore, this Ordinance shall take effect immediately upon passage. 

Passed this 20th day of July, 2011.

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