ORDINANCE NO. 2 - 9 /

AN ORDINANCE APPROPRIATING $163,515.00 FROM THE GENERAL F7JND FOR TEMPORARY POLICE AND FIRE DEPARTMENT EXPENDITURES AND FOR TEMPORARY GENERAL EXPENSES FOR THE CITY; $28.005.00 FROM THE STREET FUND FOR TEMPORARY MAINTENANCE EXPENSES WITHIN THAT FUND; $3.000.00 FROM THE STATE HIGHWAY FUND FOR TEMPORARY MAINTENANCE EXPENSES WITHIN THAT FUND; $15,C@00.00 FROM THE STREET LEVY FUND FOR THE TEMPORARY IZi.II<TENANCE EXPENSES WITHIN THAT FUND; $5,500.00 FROM TIE PERMISSIVE TAX FUND FOR TEMPORARY STREET MAINTENANCE EXPENSES; $7,100.00 FROM THE STREET LIGHT FUND FOR TEIIPORARY UTILITY EXPENSES; $15,000.00 FROM THE CAPITAL IMPKOVEs":ENT FUND FOP. CAPITAL IHPROVEMENT EXPENDITURES WITHIN THE CITY; $113,745.00 FROM THE WATER FUND FOR THE OPERATION AND MAINTENANCE OF THE WATER DEPARTMENT; $91,965.00 FROM THE SEWER FUND FOR THE OPERATION AND MAINTENANCE OF THE SEWER DEPARTMENT; $6,280.00 FROM THE PARKING METER FUND FOR THE TEMPORARY EXPENSES FOR THE MAINTENANCE, OPERATION, AND OTHER COLLECTION EXPENSES FOR THE COLLECTION OF PARKING METER FUNDS; $4,000.00 FROM THE WATER DEPOSIT FUND FOR THE OPERATION AND MAIMTENANCE OF THE WATER DEPARTMENT: $500.00 FROM THE RECREATION FUND FOR THE TEMPORARY MAINTENANCE AND OPERATION OF THE RECREATION DEPARTMENT; AND DECLARING AN EMERGENCY.

Be it ordained by the Council of the City of Nelsonville, State of Ohio.

SECTION 1.

That the sum of $163,515.00 be and it is hereby appropriated from the General Fund for temporary general expenses for the City including police and fire department expenditures;

SECTION 2. That the sum of $28,005.00 be and it is hereby appropriated from the Street Fund for temporary maintenance expenses within that fund ;

Section 3. That the sum of $3,000.00 be and it is hereby appropriated from the State Highway Fund for temporary maintenance expenses within that fund;

Scction 4. That the sum of $15,000.00 be and it is hcrcby appropriated from the Street Levy Fund for the temporary maintenance expenses within that fund;

Section 5. That the sum of $5,500.00 be and it is hereby appropriated from the Permissive Tax Fund for temporary street maintenance expenses ;

Section 6. That the sum of $7,100.00 be and it is hereby appropriated from the Street Light Fund for temporary utility expenses;

Section 7. That the sum of 15,000.00 be and it is hereby appropriated from the Capital Improvement Fund for capital improvement expenditures within the city;

ORDINANCE No. 3 - 7

AMMENDED APPROPRIATION ORDINANCE

Police Law Enforcement

#211 Salaries

#212 Employee Benefits

Fire

#211 Salaries

#212 Employee Benefits

General Government-Mayor

#240 Supplies & Materials

Council

#230 Contracted Services

Recreation

#244 Small Tools & Equipment 1000.00 1 1

Pool

#240 Supplies

8250 Repairs

-6. * C L E R K a F COUNCIL

AN ORDINANCE CREATING A PAID POLICE AUXlLIARY FOR THE CITY OF NELSONVILLE AND TO DECLARE AN EMERGENCY.

Whereas the Council deems it necessary and desirable for the protection and safe guarding of the citizens of the City of Nelson- ville and

Whereas on occasion it is necessary to provide competent help for the regualar police department

Now, therefore be it ordained by the Council of the City of Nelsonville

Section 1. That there be and there hereby is. created a paid police auxiliary force of no more than ten (10) members all of which shall be appointed by the Safety-Service Director.

Section 2. Said auxiliary police officers will be paid the rate of six dollars and eighty-eight ($6.88) per hour when requested to perform duties in an emergency situation. Members selected therein will voluntarily serve the City of Nelsonville so as to render aid and assistance to the regular police department without pay, subject, however, to the above provision herein.

Section 3. The Chief of Police shall be the commanding officer of the auxiliary police unit and shall have control of the assign- ment, training, stat~oning, and the direction of work of such unit. The auxiliary police unit will have all police powers, but shall perform only such police duties as assigned by the Chief of Police and shall act only when in the prescribed uniform. The Chief of Police shall prescribe the time and place such uniform shall be worn. Such auxiliary members shall obey the chain of command of the Police Department and shall take orders from all regular appointed members thereof.

Section 4 . There is created a uniform allowance for the aux- xl~ary police force in the amount of seven hundred and fifty dollars ($750.00) per year. Such sum shall be spent on the members of the auxiliary police department as necessary subject, however, to the approval of the Chief of Police and the Auditor of the City of Nel- sonville.

Section 5. All auxiliary members shall provide their own reg- ulation firearms, subject to department regulations and approval of the Chief of Police.

Section 6. The auxiliary police unit shall be directed by the Chief of Police of the City of Nelsonville under the direction of the Safety-Service Director of the City of Nelsonville and shall be sub- ject to the same rules and regulations as the regular police depart- ment.

Section 7. Thls ordinance is declared by the Council as an exercise by the City of its' police powers for the protection of public peace, health, property, safety, and general welfare, and neither the City nor agent or representative of the City, an officer appointed under the provisions of this ordinance or any individual, firm, partnership, corporation. or the receiver or trustees or any other agent thereof, who in good faith, executes any executive order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for injury or damage sustained to person or property as the direct or proximate result of such action.'

Section 8. This ordinance shall take effect at the earliest period allowed by law.

Section 9. Ordinance Number 13-68 is hereby repealed.

1992 w

Passed: this /3& day of a Attest:

Approved: / 3 f% day of 1992

CS-1 Rev. 6/1/87

An emergency ordinance enacted by the City of- Nelsonville -----, Athens ", County, Ohio, in the urtter of the hereinafter described improvement

8 and to request cooperation by the Director of Transportation.

WIfERBAS, the City has identified the need for and propoaea the improvaent of a portion of the public highway which is described as follows:

The improvement of U.S. Route No. 33 beginning 0.30 mile west of State Route No. 278 and ending 0.42 mile east of-State Route No. 78. Work is to include the removal of existing asphalt, brick and sand down to surface of existing concrete and replacing with 451 concrete and drainage as necessary.

said portion of highway within the municipal corporation limits being hereinafter referred to as the improvement, and

WHEREAS, the City further desires cooperation from the Director of Transportation in the planning, design and construction of said improvement.

NOW THEREFORB, Be it ordained by the Council of the City of Ne1sonvi_1_1e_ _-e_e_e_e_-e__-e__--e__,

Ohio:

SECTlON I (Cooperation)

That said City hereby requests the cooperation of the Director of Transportation in Lha cost of the above described improvement as follows:

The Ohio Department of Transportation agrees to assume and bear one hundred percent (100%) of the cost of the improvement.

The city will assume and bear one hundred percent (100%) of the cost of any construction item requested by the city which is determined not to be eligible for state participation.

SECTION 11 (Consent)

That it is declared to be in the public interest that the consent of said City be and such consent is hereby glven to the Director of Transportation to construct the above described improvement, 11) accordance with plans, specifications and estimates as spproved by the Director.

SECTION 111 (Authority to Sign)

That the --_--. ---_M-~YQL ------__ ~ Y Y Y ~ Y Y Y ~ ~ Y Y Y ~ Y Y ~ ~ Y ~ ~ ~

of said City, in hereby empowered and directed on behalf of the City to enter into agreements with the Director of Transportation necessary to complete the planning and construction of this improvement.

SECTION IV (Traffic Control Signals and Devices)

That traffic control devices installed within the limits of the project will conform with Section 4511 of the Ohio Revised Code.

Page 1 of 3

>

CS-1 Rev. 6/1/87

SECTION V (Maintenance and Parking)

That upon completion of said improvement, said City. will thereafter keep said highway open to traffic at all times, and

(a) Maintain the improvement in Iiccord~Ce with the provisions of the statutes relating thereto and make mple financial and other provisions for such maintenance; and

(b) Maintain the right-of-way and keep it free of obstructions in a manner eatis- factory to the State of Ohio and hold said right-ofray inviolate for public highway purposes and permit no signs, posters, billboards, roadside stands or other private installations within the right-of-way limits; and

(c) Place and maintain all traffic control devices confornine to the Ohio Manual of Uniform Traffic Control Devices on the improveaent in compliance with the provisions of Section 4511.11 and related sections of the Ohio Revised Code.

(d) Regulate parking in the following manner:

Prohibit parking in accordance with Section 4511.66 of the Ohio Revised Code, unless otherwise controlled by local ordinance or resolution.

SECTION VI (Righ-of-Way, Utility Rearrangement and Damage and Liability Responsibilities)

(a) That all existlng street and public way right-ofray within the City which is necessary for the aforesaid improvement, shall be made available therefor.

(b) That the State/X%WFwill acquxre any additional right-ofnay required for the constructior~ of the aforesaid improvement.

(c) That arraugementa have been or will be made with and agreements obtained from all public utility companies whose lines or structures will be affected by the aaid improvement and sax4 companies have agreed to make any and all necesaary plant removals or rearrang~ments in such a manner ae to be clear of any construction called for by the plans of said improvement and said companies have agreed to make such necessary rearrangements immediaLely after notificatton by aaid Clty or the Department of Transportation.

(d) That it is he~.eby agreed that the City shall at its own expense. make all rearrangements of water mains, service lines, fire hydrants, valve boxes, sunitary sewers or other municipally owned utilities and/or any appurtenances thereto, which do not comply with the provisions of Directive DH-P-411 inside or outside the corporate limits as may be necessary to confom to the said improvement and said renrr,angements shall be done at such time as re- quested by the Department of Transportation Engineer.

(e) That the construction, reconstruction, and/or rearrangement of both publicly and privately owned utilities, referred to in subsections (c) and (d) above. shall be done in such a manner as not to interfere unduly with the operation of the contractor constructing the improvement and all backfilling of trenches made necessary by such utility rearrangements shall be performed in accordance with the provisions of the Ohio Department of Transportation Construction and Material Specifications and shall be subject to approval by the SLale.

(1') That the installation of all utility facilities on the right of way shall conform with the requirements of the Federal Highway Administration Policy and Procedure Memorandum 30--4 "Utility Relocations and Adjustments" and the Department of Transportation's rules on Utility Accommodation.

(g) That the City hereby agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the negligence of its officers, employees or agents in the perfomance of the City's obligations made or agreed to in Sections (a), (b), (c), (d), (e) and (f) hereinabove. Likewise, The State agrees to accept responsibility for any and all damages or claima for which it is legally liable arising from the negligence of its officers, employees or agents in the performance of the State's obligations made or agreed to in Sections (a), (b), (c), (d), (el and ( f ) hereinabove.

Page 2 of 3

CS-1 Rev. 6/1/87

This ordinance is hereby declared to he an emergency measure by reason of the need for expediting highway improvements to promote highway safety, and provided it receive. the affirmative vote of two-thirds of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, ' it shall take effect and be in force from and after the earlieet period allowed by law.

-

................................................................ CERTIFICATE OF COPY

STATE OF OHIO

Clerk of the City of---N&-o-n_v_i_IL_e-: ---------, regoing in o true and correct copy oq ordinance

uthority of the said City on the-d ----- ------- day of - -, 19-92, that the publications of such ordinance has been made

rding to law; that no proceedings looking to a referendum upon such ordinance have been taken; and that such ordinance and certificate of publi- cation thereof are of record in Ordinance Record NO.,,J&:--~&--, page+/' .

The aforegoing is accepted aa a basis for proceeding with the improvement herein described.

For the City of---~ee~s_(lll~i-l->-e-eeeeeee, Ohio.

Attest:

,Date-&-k?~

For the State of Ohio

------------ Director, Ohio Department of Transportation

SECTION 3. This measure is declared to be an emergency measure necessary for the preservation of the public health, safety, and welfare of the citizens of Nelsonville, Ohio, for the reason that for the necessary efficiency of the City Sewage Treatment Plant and therfore, this measure shall take effect upon its passage and approval by two-thirds vote of all members elected to Nelsonville City Council.

.I . , # . ,

ORDINANCE NO.

AH LRDINAXCE PROHIBITING THE PROPELLING OF HA ARBOW IN THE '

NELSOSWILLP. S E T A PENALTY AND TO DECLARE AN EMERGENCY.

Biz ZT O X A I N E D BY Tk19 COUNCIL OF T a d o g t t h e f o l l o w i n g a s a n Ord inance of e h e C i t y o f N e l s o n v i l l e .

-. Gc:CYIOt4 1. 1.0 p e r s o n s h a l 2 n e y l i g e n z l y c a u s e an a r r o w which b e a r either a t a r g c t t i p o r h u n t i n g head t o be p r o p e l l e d by f o r y z n 6 r a t e d by a bow, w i t h i n t h e C i t y of N e l n o n v i l l e .

SECTION 2 . Whoever v i o l a t e s t h i s o P r o p e l l i n g a n Arrow w i t h i n t h e C i 13-yree.

SECTION 3. The p u r p o s e of t h i s Ord inance is t o make t h e c i t i z e of t h e C i t y of N e l s o n v i l l e s a f e and s e c u r e from p r o j e c t i l e e huK t h r o u g h t h e a i r w i t h o u t aim o r p u r p o s e .

T h i s Ord inance p r o v i d i n g f o r ope C i t y s h a l l be deemed t o be an emer p u b l i c p e a c e , h e a l t h and s a f e t y f o r t h w i t h upon i t s a d o p t i o n .

.-

ATTEST I

AN ORDINANCE AMENDING ORDINANCE ND.s 753.07, 753.10, and 753.99 OF THE ORDINANCES OF THE CITY OF NELSCNVILLE, OHIO, AND DECLARING IT AN FMERGENCY.

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

SmION I: That Ordinance No. 753.10 be, and it is hereby amended so a s t o increase the penalty frcm $1.00 t o $2.00.

SECTION 11: That Ordinance No. 753.99 be, and it is hereby amended t o r e f l e c t an increase i n the penalty frm $4.00 to $10.00.

SIXTION 111: That the remaining conditions and provisions of Section 753.07, 753.10, and 753.99, except those which a r e inconsistent with the provisions of t h i s Ordinance, a re t o remain in f u l l force and ef fec t .

SFCTICN IV: That t h i s Ordinance is t o be an emergency measwe necessary f o r the preservation of the health, welfare and safety o f . t h e residents of the City of Nelsonville, Ohio, and tha t it shall be . in e f f ec t and f u l l force upon i t ' s passage and approval by the Mayor.

ATTEST : * 6 . ~16 of Council

AN ORDINANCE TO EFFECT A STREET LIGHT RENEWAL AND TO DECLARE AN EMERGENCY.

SECTION 1. Be it ordained by the Council of the City of Nelsonville and the Street Light Levy Renewal be enacted at the first reasonable opportunity.

SECTION 2. Be it further ordained that the levy and the renewal be considered as one item.

SECTION 3. Be it further ordained that this street light renewal - be enacted as early as 'possible for the reason that

the street lights are less than desirable.

SECTION 4. This levy is necessary for the public peace,health and safety and shall take effect forthwith upon its adoption if approved by 2/3 of all members elected to council concurring,otherwise at the earliest period permitted by law.

SECTION 5. This levy will be voted on November 3, 1992 and is a renewal of an existing levy of 1.80 mills.

8- nt fl232$~L of Council

7% PASSED: this /o day of August, 1992.

ATTEST : @rk of Council

APPROVED : 19%

*

~. ~ ORDINANCE NO. /3 - 7~ AN ORDINANCE AUTHORIZING THE MAYOR TO CONTRACT FOR LEGAL S TO ESTABLISH COMPENSATION, AND TO DECLARE AN EMERGENCY.

The City of Nelsonville tiaving been advised that n appointee is available for the position of Director of Law. City Council hereby authorizes the Mayor to enter into a priva contract for the position of Attorney for the City of Nelsonvill

The compensation for the City Attorney shall be fixed at $24 per year. The term shall be from September 15. 1992 unt 31. 1993.

City of Nelsonville.

This Ordinance is to be an emergency measure necessary for preservation of the health, welfare. and safety of the resident

is hereby dispensed with and this Ordinance shall be in

PASSED: this )7& day of

. APPROVED:

O R D I N A N C E NO. / # - q ~ A N O R D I N A N C E A U T H O R I Z I N G EXTENSION OF THE U N I O N CONTRACT THAT

THE CLASSIFIED EMPLOYEES FOR THE C I T Y OF NELSONVILLE AND TO DECLARE . A N EMERGENCY.

Whereas , t h e c o n t r a c t w i t h t h e C l a s s i f i e d C i t y Employees e x p i r e s on Sep tember 30 , 1992 and w h e r e a s , t h e C l a s s i f i e d Employees c o v e r p o l i c e . f i r e , and o t h e r s e r v i c e d e p a r t m e n t s , and f u r t h e r .

Whereas , t h e n e g o t i a t i n g team f o r C i t y C o u n c i l a s w e l l a s t h e Ohio C i v i l S e r v i c e Employees A s s o c i a t i o n , h e r e i n a f t e r c a l l e d Union. n e g o t i a t i n g team have r e a c h e d a t e n t a t i v e ag reemen t on e x t e n s i o n of t h e c o n t r a c t w i t h t h e Union:

Now, t h e r e f o r e be it o r d a i n e d t h a t t h e c o n t r a c t e x t e n s i o n n e g o t i a t e d by t h e C i t y and t h e Union i s h e r e b y a c c e p t e d and t h e c o n t r a c t c u r r e n t l y i n p l a c e i s h e r e b y e x t e n d e d f o r a p e r i o d of one ( l ) . y = a r with t he exception t h a t wages w i l l be r eopned within ninety (90) days.

I t h a s been a g r e e d w i t h t h e Union and i s h e r e b y r a t i f i e d by C o u n c i l t h a t a n y pay i n c r e a s e s which may be n e g o t i a t e d i n t h e f u t u r e w i l l be made r e t r o a c t i v e t o Sep tember 30. 1992 .

The C i t y Employees b e i n g needed t o c o v e r P o l i c e . F i r e , and o t h e r e s s e n t i a l C i t y f u n c t i o n s f o r t h e p r o t e c t i o n and s a f e t y of t h e c i t i z e n s of N e l s o n v i l l e , and c o n s i d e r i n g t h a t no c o n t r a c t would e x i s t w i t h t h e C l a s s i f i e d C i t y Employees a f t e r Sep tember 3 0 , 1992. a n emergency i s h e r e b y d e c l a r e d and t h e t h r e e r e a d i n g r e q u i r e m e n t i s h e r e b y d i s p e n s e d w i t h .

Approved by: r\

A t t e s t e d by :

)rial Graphics Corp., Cols., 0. Form No. 2806-A

I

ORDINANCE NO. 7- ? x

ORDINANCE AUTHORIZING THE ABANDONMENT OF RHONE STREET FROM CHESTNUT STREET TO POPLAR STREET AND TO DECLARE AN EMERGENCY.

WHEREAS, Rhone Street has been unused for many years and

is currently in disrepair, and whereas City Council has been

requested to abandon Rhone Street by Rex Lyngel, whose

property lets Rhone Street and whereas. John M. Dunnette was

notified of the Proposed Abandonment.

WHEREFORE. the City Council of the City of Nelsonville

hereby declares and it is hereby ordained that the street

previously known as Rhone Street is hereby abandoned from

Chestnut Street to Poplar Street.

Due to the need to comply with the deadline imposed by

the Athens County Commissioner and the need to repair the

property by the owner before winter weather sets in an

emergency is declared and the three reading requirement is

hereby dispensed with.

Attested by:

n L + & k . G Cler of Council

iational Graphics Corp., Cols.. 0. rorm No. 2806-A U

ORDINANCE NO. 19-92

ORDINANCE TO REPEAL THE "FAIR HOUSING ORDINANCE" ORDINANCE NO. 5 - 8 5 .

NHEREAS, the Nelsonville City Council has been advised that the Office of Department of Housing Urban Developement will supervise the housing stardards in the City of Nelsonville. 3nd this can be done without the Fair Housing Ordinance ~urrently in effect.

NHEREFORE, be it ordained by the Nelsonville City Council that the Fair Housing Ordinance, Ordinance No. 5 - 8 5 . is hereby repealed.

/-7

RPPROVED BY: /

ATTESTED BY:

c CLER OF COUNCIL

11 Graphics Corp., Cois., 0. Form NO. 2806-A

I ORDINANCE NO. 20-92

3RDLNANCE AUTHORIZING APPROPRIATION FOR $9.600 FROM THE WATER FUND FOR THE PURPOSE OF CLEARWELL RETENTION STUDY; TRACER STUDY; A BULK CHEMICAL STUDY-CAUSTIC SODA; RATE STUDY; AND TO DECLARE AN EMERGENCY.

NHEREAS, Environmental Protection Agency requires certain studies be conducted by Nelsonville water delivery system and requires that these studies be completed.

PHEREFORE, be ordained by the Nelsonville City Council $9.600 is hereby ordered appropriated from the water fund for the ?urpose of a clearwell retention study and tracer study; a ~ u l k chemical study-caustic soda; and rate study.

3ecause these studies are needed to keep the City water treatment facility incompliance with the Environmental ?rotection Agency regulations, and because the continued >peration of the plant and compliance with EPA standards is leeded for the health and safety of the citizens of Velsonville. an emergency is hereby declared, the three- reading requirement hereby dispensed with and the legislation is effective immediately upon approval by the Mayor.

- IPPROVED BY:

iTTESTED BY:

ma1 Graphics Corp., Cols., 0. Form No. 2806-A

ORDINANCE NO. 21-92

ORDINANCE AUTHORIZING APPROPRIATION OF $8,000 FROM SEWER FUND FOR REPAIR OF SEWER LINE.

WHEREAS, the sewer line on Chestnut Street has fallen in disrepair and is in need of immediate repair.

THEREFORE, be it ordained by the Nelsonville City Council that $8.000 is hereby appropriated from the sewer fund in order to pay for cost for repairs on the sewer lines and manholes on Chestnut Street.

This measure being needed to repair the sewer line, and considering that Chestnut Street is currently closed due to those repairs, and the necessity to protect the health and safety of the citizens of the City of Nelsonville, an emergency is hereby declared, the three reading requirement is hereby dispensed with and this legislation is hereby effective immediately on signing by the Mayor.

APPROVED BY:

ATTESTED BY:

n d 6 . L CLER OF COUNCIL