City Council

NOTICE OF SPECIAL COUNCIL MEETING Pursuant to Section 7.09 of the Charter of the Village of Oakwood, notice is hereby given of the calling of a Special Council Meeting by Johnnie Warren (Council President), Candace Williams (Ward 5), and Chris Callender (Ward 1) to be held on June 24, 2021, at 6:00 p.m. at the Oakwood Village Hall Council Chambers (See attached Agenda for further information). Ord 2021-39 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A Introduced 6-22-2021 by LEASE/PURCHASE AGREEMENT WITH FNB COMMERCIAL Mayor & Council as a whole LEASING FOR THE ACQUISITION OF 14 AIR PACKS AND FIRE 2nd reading AND SERVICE RADIOS, FOR THE FIRE DEPARTMENT THROUGH Fire Equip THE STATE OF OHIO DEPARTMENT OF ADMINISTRATION SERVICES, STATE PURCHASING PROGRAM AND DECLARING AN EMERGENCY Ord 2021-40 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A Introduced 6-22-2021 by LEASE/PURCHASE AGREEMENT WITH FNB COMMERCIAL Mayor & Council as a whole LEASING FOR THE ACQUISITION OF 2021 LOADER, 2021 LEAF nd 2 reading VAC, 2020 CHEVROLET DUMP-PLOW, 1995 GMC TOPKICK Service Equip DUMP TRUCK WITH PLOW AND SALE EQUIPMENT, 2021 UTILITY VEHICLE, AND 2021 CAT BACKHOE FOR THE SERVICE DEPARTMENT THROUGH THE STATE OF OHIO, DEPARTMENT OF ADMINISTRATIVE SERVICES, STATE PURCHASING PROGRAM AND DECLARING AN EMERGENCY Ord 2021-42 AN EMERGENCY ORDINANCE AMENDING SECTION 125.01 OF Introduced 6-22-2021 by THE CODIFIED ORDINANCES OF THE VILLAGE OF OAKWOOD Mayor & Council as a whole RELATING TO THE COMPOSITION OF THE POLICE nd 2 reading Ord 2021-43 AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO Introduced 6-24-2021 by ENTER INTO A COMMUNITY COST-SHARE AGREEMENT WITH Mayor & Council as a whole THE NORTHEAST OHIO REGIONAL SEWER DISTRICT TO OBTAIN COST REIMBURSEMENT FOR CERTAIN WORK TO BE PERFORMED IN THE VILLAGE ASSOCIATED WITH OEPA MS4 STORM WATER PERMIT REQUIREMENTS (2021 MS4 STORM- WATER MANAGEMENT) Ord 2021-44 AN EMERGENCY ORDINANCE AUTHORIZING THE VILLAGE Introduced 6-24-2021 by ENGINEER TO PREPARE PLANS AND SPECIFICATIONS, TO Mayor & Council as a whole ADVERTISE FOR BIDS, AND PROCEED WITH ROAD REPAIRS ON VARIOUS STREETS AND COUNTY ROUTES LOCATED WITHIN THE VILLAGE Ord 2021-45 A RESOLUTION ACCEPTING A FUNDING AWARD FROM Introduced 6-24-2021 by CUYAHOGA COUNTY UNDER THE 2021 COMMUNITY Mayor & Council as a whole DEVELOPMENT SUPPLEMENTAL GRANT PROGRAM AND AUTHORIZING THE ENGINEER TO BEGIN THE PREPARATION OF PLANS AND SPECIFICATIONS AND TO ADVERTISE FOR BIDS FOR THE OAKWOOD COMMONS MULTIPURPOSE TRAIL PROJECT IN THE VILLAGE OF OAKWOOD AND DECLARING AN EMERGENCY Res 2021-46 A RESOLUTION AUTHORIZING THE ENGINEER TO BEGIN THE Introduced 6-24-2021 by PREPARATION OF PLANS AND SPECIFICATIONS AND TO Mayor & Council as a whole ADVERTISE FOR BIDS FOR THE FAIR OAKS ROAD RESURFACING AND SIGNAL PROJECT IN THE VILLAGE OF OAKWOOD AND DECLARING AN EMERGENCY Executive Session – to consider the appointment and/or employment of a public employee or official 9. Adjournment In accordance with the provisions contained in the Village Charter no other matters will be considered by Village Council other than those listed herein. __Debra L Hladky_________________ Debra L. Hladky Clerk of Council - Village of Oakwood  VILLAGE OF OAKWOOD COUNCIL - SPECIAL MEETING June 24, 2021 7:00 P.M. Scan to view AGENDA Agenda on line Pursuant to Section 7.09 of the Charter of the Village of Oakwood, the Mayor is hereby calling a Special Meeting of Village Council to consider the following items: ............................................................................................................................................................ 1. Call meeting to order 2. Pledge of Allegiance 3. Roll Call Mayor ~ Gary V. Gottschalk Law Director ~ Jim Climer Finance Director ~ Brian Thompson Council President ~ Johnnie Warren Council At Large ~ Elaine Gaither Councilman ~ Chris Callender Councilperson ~ Eloise Hardin Councilperson ~ Melanie Sanders Councilperson ~ Patricia Rogers Councilperson ~ Candace Williams Ord 2021-39 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A Introduced 6-22-2021 by LEASE/PURCHASE AGREEMENT WITH FNB COMMERCIAL Mayor & Council as a whole LEASING FOR THE ACQUISITION OF 14 AIR PACKS AND FIRE 2nd reading AND SERVICE RADIOS, FOR THE FIRE DEPARTMENT THROUGH Fire Equip THE STATE OF OHIO DEPARTMENT OF ADMINISTRATION SERVICES, STATE PURCHASING PROGRAM AND DECLARING AN EMERGENCY Ord 2021-40 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A Introduced 6-22-2021 by LEASE/PURCHASE AGREEMENT WITH FNB COMMERCIAL Mayor & Council as a whole LEASING FOR THE ACQUISITION OF 2021 LOADER, 2021 LEAF nd 2 reading VAC, 2020 CHEVROLET DUMP-PLOW, 1995 GMC TOPKICK Service Equip DUMP TRUCK WITH PLOW AND SALE EQUIPMENT, 2021 UTILITY VEHICLE, AND 2021 CAT BACKHOE FOR THE SERVICE DEPARTMENT THROUGH THE STATE OF OHIO, DEPARTMENT OF ADMINISTRATIVE SERVICES, STATE PURCHASING PROGRAM AND DECLARING AN EMERGENCY Ord 2021-42 AN EMERGENCY ORDINANCE AMENDING SECTION 125.01 OF Introduced 6-22-2021 by THE CODIFIED ORDINANCES OF THE VILLAGE OF OAKWOOD Mayor & Council as a whole RELATING TO THE COMPOSITION OF THE POLICE nd 2 reading Ord 2021-43 AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO Introduced 6-24-2021 by ENTER INTO A COMMUNITY COST-SHARE AGREEMENT WITH Mayor & Council as a whole THE NORTHEAST OHIO REGIONAL SEWER DISTRICT TO OBTAIN COST REIMBURSEMENT FOR CERTAIN WORK TO BE PERFORMED IN THE VILLAGE ASSOCIATED WITH OEPA MS4 STORM WATER PERMIT REQUIREMENTS (2021 MS4 STORM- WATER MANAGEMENT) Ord 2021-44 AN EMERGENCY ORDINANCE AUTHORIZING THE VILLAGE Introduced 6-24-2021 by ENGINEER TO PREPARE PLANS AND SPECIFICATIONS, TO Mayor & Council as a whole ADVERTISE FOR BIDS, AND PROCEED WITH ROAD REPAIRS ON VARIOUS STREETS AND COUNTY ROUTES LOCATED WITHIN THE VILLAGE Ord 2021-45 A RESOLUTION ACCEPTING A FUNDING AWARD FROM Introduced 6-24-2021 by CUYAHOGA COUNTY UNDER THE 2021 COMMUNITY Mayor & Council as a whole DEVELOPMENT SUPPLEMENTAL GRANT PROGRAM AND AUTHORIZING THE ENGINEER TO BEGIN THE PREPARATION OF PLANS AND SPECIFICATIONS AND TO ADVERTISE FOR BIDS FOR THE OAKWOOD COMMONS MULTIPURPOSE TRAIL PROJECT IN THE VILLAGE OF OAKWOOD AND DECLARING AN EMERGENCY Res 2021-46 A RESOLUTION AUTHORIZING THE ENGINEER TO BEGIN THE Introduced 6-24-2021 by PREPARATION OF PLANS AND SPECIFICATIONS AND TO Mayor & Council as a whole ADVERTISE FOR BIDS FOR THE FAIR OAKS ROAD RESURFACING AND SIGNAL PROJECT IN THE VILLAGE OF OAKWOOD AND DECLARING AN EMERGENCY Executive Session – to consider the appointment and/or employment of a public employee or official 9. Adjournment Adjournment 2021-39 Fire Air Paks & Radios Equipment To Codified? 1st Read ____ 2nd Read ___________ 3rd Read __________ Under Suspension_____ ORDINANCE NO. 2021-39 INTRODUCED BY MAYOR AND COUNCIL AS A WHOLE AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LEASE/PURCHASE AGREEMENT WITH FNB COMMERCIAL LEASING FOR THE ACQUISITION OF 14 AIR PACKS AND FIRE AND SERVICE RADIOS, FOR THE FIRE DEPARTMENT THROUGH THE STATE OF OHIO, DEPARTMENT OF ADMINISTRATIVE SERVICES, STATE PURCHASING PROGRAM AND DECLARING AN EMERGENCY WHEREAS, the Village of Oakwood has enrolled in the Cooperative Purchasing Program which allows it to participate in state contracts which the Department of Administrative Services, Office of State Purchasing, has entered into and the Office of Cooperative Purchasing has distributed for the purchase of supplies, services, equipment and other materials; and WHEREAS, the Village of Oakwood is desirous of acquiring Fire Radios and 14 Air Pak X3 Pro SCBA Air Packs; and WHEREAS, pursuant to the provisions contained in Section 735.053 of the Ohio Revised Code, the Village of Oakwood deems it cost effective to said items from the State of Ohio through its designated vendor; and NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Oakwood, County of Cuyahoga, and State of Ohio that: SECTION 1. The Mayor be and he is hereby authorized and directed, upon the approval of the Board of Control, to enter into a contract on behalf of the Village of Oakwood with the designated vendor of the State of Ohio, Department of Administrative Services - State Purchasing, FNB Commercial Leasing, for the lease/purchase of the following upon the terms and conditions set forth in Exhibit A attached hereto and incorporated herein: QUANTITY ITEM PRICE 1 Set Motorola Radios $78,332.49 14 Sets Air-Paks X3 Pro SCBA $102,928.00 SECTION 2. Council hereby authorizes the expenditure of an amount not to exceed $181,260.49 to effectuate the provisions contained in Section 1 hereof. The Director of Finance be and is hereby authorized and directed to issue vouchers in the amounts and for the purposes as expressed in Section 1 hereof, said amounts to be charged to the Fund No. 401.7799.55092 SECTION 3. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the inhabitants of the Village, the reason for the emergency being that the same relates to the daily operation of a municipal department and the ability to provide safe and effective emergency medical services 2116 Fire Rescue Squad, State Contract, Page -2- as well as other services to the citizens of the Village, therefore, provided it receives two-thirds (⅔) of the vote of all members of Council elected thereto, said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: _____________________________ _____________________________________ Johnnie A. Warren, President of Council _____________________________________ Debra L. Hladky, Clerk of Council Presented to the Mayor ___________________________________ Approved: ________________________________ __________________________________________ Gary V. Gottschalk, Mayor I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021- 39 was duly and regularly passed by this Council at the meeting held on the _____ day of ________________, 2021. _________________________________ Debra L. Hladky, Clerk of Council POSTING CERTIFICATE I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that Ordinance No. 2021- 39 was duly posted on the _____ day of ______________ 2021 and will remain posted in accordance with the Oakwood Village Charter. _________________________________ Debra L. Hladky, Clerk of Council DATED: ______________________________ 2021-40 Service Equipment To Codified? 1st Read ____ 2nd Read ___________ 3rd Read __________ Under Suspension_____ ORDINANCE NO. 2021-40 INTRODUCED BY MAYOR AND COUNCIL AS A WHOLE AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LEASE/PURCHASE AGREEMENT WITH FNB COMMERCIAL LEASING FOR THE ACQUISITION OF 2021 LOADER, 2021 LEAF VAC, 2020 CHEVROLET DUMP-PLOW, 1995 GMC TOPKICK DUMP TRUCK WITH PLOW AND SALT EQUIPMENT, 2021 UTILITY VEHICLE, AND 2021 CAT BACKHOE FOR THE SERVICE DEPARTMENT THROUGH THE STATE OF OHIO, DEPARTMENT OF ADMINISTRATIVE SERVICES, STATE PURCHASING PROGRAM AND DECLARING AN EMERGENCY WHEREAS, the Village of Oakwood has enrolled in the Cooperative Purchasing Program which allows it to participate in state contracts which the Department of Administrative Services, Office of State Purchasing, has entered into and the Office of Cooperative Purchasing has distributed for the purchase of supplies, services, equipment and other materials; and WHEREAS, the Village of Oakwood is desirous of acquiring Fire Radios and 14 Air Pak X3 Pro SCBA Air Packs; and WHEREAS, pursuant to the provisions contained in Section 735.053 of the Ohio Revised Code, the Village of Oakwood deems it cost effective to said items from the State of Ohio through its designated vendor; and NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Oakwood, County of Cuyahoga, and State of Ohio that: SECTION 1. The Mayor be and he is hereby authorized and directed, upon the approval of the Board of Control, to enter into a contract on behalf of the Village of Oakwood with the designated vendor of the State of Ohio, Department of Administrative Services - State Purchasing, FNB Commercial Leasing, for the lease/purchase of the following upon the terms and conditions set forth in Exhibit A attached hereto and incorporated herein: QTY ITEM PRICE 1 2021 Loader (replacing 1999 Articulating Case Loader) $131,460.06 1 2021 Leaf Vac (replacing 2002 Leaf Vac $ 90,671.89 1 2020 Chevrolet Dump/Plow Truck (replacing 1999 Dump/Plow) $ 78,678/.00 1 1995 GMC Topkick Dump Truck/New Plow & Salt Equipment $ 12,090.00 1 2021 Utility Vehicle (replacing Golf Cart) $12,594.90 1 2021 Cat Backhoe (replacing 1991 Case Backhoe) $ 89,516.88 SECTION 2. Council hereby authorizes the expenditure of an amount not to exceed $415.011.73 to effectuate the provisions contained in Section 1 hereof. The Director of Finance 2116 Fire Rescue Squad, State Contract, Page -2- be and is hereby authorized and directed to issue vouchers in the amounts and for the purposes as expressed in Section 1 hereof, said amounts to be charged to the Fund No. 401.7799.55092 SECTION 3. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the inhabitants of the Village, the reason for the emergency being that the same relates to the daily operation of a municipal department and the ability to provide safe and effective emergency medical services as well as other services to the citizens of the Village, therefore, provided it receives two-thirds (⅔) of the vote of all members of Council elected thereto, said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: _____________________________ _____________________________________ Johnnie A. Warren, President of Council _____________________________________ Debra L. Hladky, Clerk of Council Presented to the Mayor ___________________________________ Approved: ________________________________ __________________________________________ Gary V. Gottschalk, Mayor I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021- 40 was duly and regularly passed by this Council at the meeting held on the _____ day of ________________, 2021. _________________________________ Debra L. Hladky, Clerk of Council POSTING CERTIFICATE I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that Ordinance No. 2021- 40 was duly posted on the _____ day of ______________ 2021 and will remain posted in accordance with the Oakwood Village Charter. _________________________________ Debra L. Hladky, Clerk of Council DATED: ______________________________ 2021-42 Police Composition ORDINANCE NO. 2021 – 42 INTRODUCED BY MAYOR AND COUNCIL AS A WHOLE AN EMERGENCY ORDINANCE AMENDING SECTION 125.01 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF OAKWOOD RELATING TO THE COMPOSITION OF THE POLICE DEPARTMENT WHEREAS, The Council of the Village of Oakwood has decided to amend the composition of the Village Police Department: NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Oakwood, County of Cuyahoga, and State of Ohio that: SECTION 1. Section 125.01 of the Codified Ordinances of the Village of Oakwood which presently reads as follows: 125.01 COMPOSITION. (a) The Police Department of the Municipality shall consist of a Chief of Police, not to exceed one Captain, not to exceed three four Sergeants, not to exceed twelve full- time Patrolmen. One of the Sergeants may be designated by the Mayor to be the head of the Detective Bureau. (b) Patrolmen shall be further classified as 1st, 2nd, 3rd Class Patrol Officers, as follows: (1) 3rd Class - First twelve months of continuous service after original appointment. (2) 2nd Class - First twelve months of continuous service after serving as a 3rd Class Patrol Officer. (3) 1st Class - All service as a Patrolman after service as a 2nd Class Patrol Officer. be and the same is hereby amended and, as amended, shall read as follows: 125.01 COMPOSITION. (c) The Police Department of the Municipality shall consist of a Chief of Police, not to exceed one Captain, not to exceed three four Sergeants, not to exceed twelve full-time Patrol Officers. One of the Sergeants may be designated by the Mayor to be the head of the Detective Bureau.  (d) Patrol Officers shall be further classified as 1st, 2nd, 3rd Class Patrol Officers, as follows: (4) 3rd Class - First twelve months of continuous service after original appointment. (5) 2nd Class - First twelve months of continuous service after serving as a 3rd Class Patrol Officer. (6) 1st Class - All service as a Patrolman after service as a 2nd Class Patrol Officer. SECTION 2. The existing version of Oakwood C.O. Section 125.01 be and hereby is repealed. SECTION 3. The Codifier is hereby instructed to substitute the adopted version of Oakwood C.O. Section 125.01 in place of the previous version of said ordinance. SECTION 4. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the inhabitants of the Village, the reason for the emergency being that the same relates to the daily operation of a municipal department and urgent staffing needs to maintain the peace in the Village, therefore, provided it receives two-thirds (2/3) of the vote of all members of Council elected thereto, said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: Johnnie A. Warren, President of Council Debra L. Hladky, Clerk of Council Presented to the Mayor Approved: Mayor, Gary Gottschalk I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021 -42 was duly and regularly passed by this Council at the meeting held on the ______ day of _______, 2021. Debra L. Hladky, Clerk of Council  POSTING CERTIFICATE I, Debra L. Hladky, Clerk of Council of the Village bf Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021-42 was duly posted on the ______ day of _______, 2021, and will remain posted for a period of fifteen (15) days as provided in the Village Charter. Debra L. Hladky, Clerk of Council DATED:  COMMUNITY COST-SHARE AGREEMENT BY AND BETWEEN THE NORTHEAST OHIO REGIONAL SEWER DISTRICT AND VILLAGE OF OAKWOOD This Agreement is made and entered into this _______ day of _________________, 2021, by and between the Northeast Ohio Regional Sewer District (District) acting pursuant to Resolution No. 114-13, adopted by the Board of Trustees of the District on May 16, 2013 (Exhibit “A”), and Village of Oakwood (Village) acting pursuant to Ordinance/Resolution No. ____________, adopted on _____________, 2021 (Exhibit “B”). Recitals WHEREAS, the District, as a component of implementing a regional stormwater management program, manages a financial account termed the “Community Cost-Share Account” that is for the aggregation and dissemination of funds derived from revenues collected from the Stormwater Fee; and WHERAS, the purpose of the Community Cost-Share Account is to provide funding to assist the Village with District-approved projects through the Community Cost Share Program; and WHEREAS, the Community Cost-Share Program funds are used for construction, operation, and maintenance of the Local Stormwater System or Regional Stormwater System, including administrative costs directly associated with such projects as well as costs related to repair or upgrade; and WHEREAS, the District supports the Community Cost-Share 2021 MS4 Stormwater Management project (the “Project”) as a Community Cost-Share project proposed by the Village; and NOW THEREFORE, in consideration of the foregoing, the payment and the mutual promises contained in this Agreement, the parties agree as follows: Article 1.0 Village Obligations 1.1 The Village agrees to perform as follows: 1.1.1 Complete work as detailed in the District approved Community Cost-Share application. (Exhibit “C”) 1.1.2 Complete and submit Progress Reports when submitting Request for Payment as needed, or within 30 days of close of the Project, per Section 5.0 of the Community Cost-Share Program Policy. 1.1.3 Notify the Village’s Watershed Team Leader at least 7 business days prior to the start of the Project. 1  1.1.4 Meet with District staff when requested to review the Project status. 1.1.5 Obtain all necessary legal agreements with affected property owners to perform the Project and to bind any successor in title to maintain compliance as specified in this Agreement between the District and the Village for the Project. 1.1.6 Comply with all applicable local, state and federal requirements. This may include, but is not limited to, U.S. Army Corp of Engineers Section 404, Ohio EPA Section 401 water quality certification, and Ohio Department of Natural Resources Dam Safety Laws. 1.1.7 If the Village fails to maintain the Project in accordance with this Agreement, the Village shall be liable for the full amount of any Community Cost-Share Program funds paid for the Project. Such amount shall be offset against the Village Community Cost-Share Account. 1.1.8 Submit requests for approval to modify the budget, deadline, deliverables, or other components of the Project to the Village’s Watershed Team Leader at least 30 business days prior to the desired date of execution of the modification. 1.1.9 Acknowledge the District on any public advertisement or outreach efforts including all publications and signage related to the Project which shall include the following disclaimer: This project was funded in part or totally through the Northeast Ohio Regional Sewer District (NEORSD) Community Cost-Share Program in coordination with Village, under the provisions of the NEORSD Regional Stormwater Management Program. The contents and views, including any opinions, findings, or conclusions or recommendations, contained in this publication are those of the authors and have not been subject to NEORSD review and may not necessarily reflect the views of NEORSD, and no official endorsement should be inferred. 1.1.10 Provide the District the opportunity to have design approval for any signage or public education and outreach efforts related to the Project. 1.1.11 Permit the District to photograph the Project and to incorporate the Project into the District’s overall public education and outreach efforts for stormwater management. 1.2 Failure to meet any of the requirements listed in Article 1.1 may result in termination of this Agreement and reimbursement of disbursed funds to the District. 2 Article 2.0 District’s Obligations 2.1 The District agrees to perform as follows: 2.1.1 Allocate $30,000.00 to the Village for the Project from the Village’s Community Cost-Share Account. 2.1.2 Provide reimbursement of funds up to $30,000.00 to the Village within 60 days of receipt of a complete Request for Payment from the Village, detailing costs related to the Project. 2.1.3 Timely review and approval or disapproval of requests to modify the budget, deadline, deliverables, or other components of the Project. 2.1.4 Acknowledge the Village in presentations or publications related to the Project. Article 3.0 Dispute Resolution 3.01 The Parties shall continue the performance of their obligations under this Agreement notwithstanding the existence of a dispute. 3.02 The Parties shall first try to resolve the dispute at the level of the designated representatives as follows: District Representative Village Representative Watershed Team Leader Village Engineer If the Parties are unable to resolve the dispute at that level within ten (10) working days, the Parties shall escalate the dispute to the following level to resolve the dispute: District Representative Village Representative Director of Watershed Programs Mayor 3.03 If the Parties remain unable to resolve the dispute within an additional ten (10) working days, the Parties shall proceed to mediation upon request by either party. The mediator shall review all documents and written statements, in order to accurately and effectively resolve the dispute. The mediator shall call a meeting between the Parties within ten (10) working days after mediator appointment, which meeting shall be attended by at least the respective representatives listed in paragraph 3.02 above. The Parties shall attempt in good faith to resolve the dispute. The Parties agree to follow the Uniform Mediation Act, Chapter 2710 of the Ohio Revised Code. The Parties shall share the cost of the mediator equally. 3 3.04 Such mediation shall be non-binding between the Parties and, to the extent permitted by law, shall be kept confidential. If the dispute is resolved and settled through the mediation process, the decision will be implemented by a written agreement signed by both Parties. If the dispute is unable to be resolved through mediation, the Parties agree to submit the dispute to the appropriate jurisdiction as per Article 4, Remedies, below. Article 4 Remedies 4.01 The Parties agree that, after exhausting the dispute resolution process outlined above, all claims, counter-claims, disputes and other matters in question between the Parties arising out of or relating to this Agreement, or the breach thereof, will be decided at law. This Agreement shall be governed by and interpreted according to the law of the State of Ohio. Article 5 Counterpart Signatures 5.01 This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but which counterparts when taken together shall constitute one Agreement. Article 6 Governing Law 6.01 The terms and provisions of this Agreement shall be construed under and governed by the laws of Ohio (to which all Parties hereto consent to venue and jurisdiction). Article 7 Disclaimer of Joint Venture 7.01 This Agreement is not intended to create a joint venture, partnership or agency relationship between the Parties, and such joint venture, partnership, or agency relationship is specifically hereby disclaimed. Article 8 Authority to Execute 8.01 Each person executing this Agreement represents and warrants that it is duly authorized to execute this Agreement by the party on whose behalf it is so executing. Article 9 Exhibits The following exhibits are attached hereto and incorporated herein: Exhibit “A” – District Resolution Exhibit “B” – Village Ordinance/Resolution Exhibit “C” – District-Approved Community Cost Share Application 4 The parties have executed this Agreement on the day and year first above written. NORTHEAST OHIO REGIONAL SEWER DISTRICT BY:_______________________________________ Kyle Dreyfuss-Wells Chief Executive Officer AND BY:______________________________________ Darnell Brown, President Board of Trustees VILLAGE OF OAKWOOD By: _____________________________________ Title: ____________________________________ The Legal Form and Correctness of this Instrument is hereby Approved: VILLAGE OF OAKWOOD ______________________________ Assistant/Director of Law This Instrument Prepared By: Cyrus L. Patton Associate General Counsel Northeast Ohio Regional Sewer District Each party agrees that this Agreement may be executed and distributed for signatures via email, and that the emailed signatures affixed by both parties to this Agreement shall have the same legal effect as if such signatures were in their originally written format. 5 EXHIBIT A EXHIBIT B (Insert Member Community Ordinance/Resolution) EXHIBIT C  Community Cost-Share Program Application Community Cost-Share Program APPLICATION Member Community Information Village of Oakwood Community: __________________________________________ Edward Hren, P.E. Primary Project Contact: __________________________________________ (Name & Title) Village Engineer __________________________________________ 22999 Forbes Road, Suite B Mailing Address: __________________________________________ Cleveland, Ohio 44146-5667 __________________________________________ 440.439.1999 Phone Number: __________________________________________ hren@cvelimited.com Email: __________________________________________ Project Information 2021 MS4 Stormwater Management Project Title: __________________________________________ 24800 Broadway Avenue Address or Location of Project: __________________________________________ Oakwood Village, Ohio 44146 __________________________________________ July 1, 2021 Project Start Date: __________________________________________ March 31, 2022 Project End Date: __________________________________________ $30,000.00 Community Cost-Share Fund Request: __________________________________________ Submission Date: __________________________________________ 1 Rev 5/2016  Community Cost-Share Program Application Project Narrative 1) Project Summary (1,000 word maximum) Describe the Project and include the following information, as applicable:  Describe the Project and deliverables; provide a map if applicable  Submit a deliverable worksheet listing tasks and deliverables with start dates and end dates for the significant benchmarks.  List permitting requirements necessary to initiate and complete project and how the requirements will be met. The Village plans to use the funding to pay for professional services for assistance in the implementation of the Village's MS4 program during 2021. The projects that the services could cover are as follows: - Annual Report Preparation - Update Village Stormwater Management Plan - Update Facility SWP3 - Update Village ordinances - Update Village Storm Sewer Map, showing the location of all outfalls. - Inspect and map post-construction SCMs - Compiling list of all on-site sewage disposal systems connected to the MS4 (HSTS) - Address the Illicit Discharge Detection Elimination (IDDE) programs requirements - Complete outfall sampling - Illicit discharge investigation, testing and mapping - Inspect active construction sites - Create comprehensive stormwater map according to OEPA guidelines In order to address the MS4 stormwater permit requirements, the Village plans to also use the funding to pay for street sweeping within the Village in order to remove pollutants from the roadway. This will help the Village address the Pollution Prevention/Good Housekeeping for Municipal Operations requirements of their MS4 Permit. The funding will also be used to pay for the Tinkers Creek Watershed Partners membership fee. 2 Rev 5/2016  Community Cost-Share Program Application 2) Ability to Provide Long Term Maintenance (500 word maximum) Describe the plans for long-term maintenance, addressing the following question:  Who is responsible to provide on-going maintenance for the project and how will maintenance be ensured?  Provide documentation of scheduled maintenance and operation for completed stormwater project(s). The project is not a construction project and will not require long term maintenance. 3 Rev 5/2016  Community Cost-Share Program Application 3) Visibility and Public Outreach: (500 word maximum) Public outreach is required if appropriate for your project.  What audiences will be exposed to this Project (neighbors, students, community groups, general public)? The professional services will focus on legislative and permitting requirements that the Village has to update. The services and deliverables will be open for public review and comments. The services will enhance the Village's MS4 program and enable the Village to update and keep its MS4 program in compliance with the Ohio Environmental Protection Agency's environmental laws and regulations. The professional services will reach the general public/residents and municipal staff. 4 Rev 5/2016  Community Cost-Share Program Application 4) Budget Summary (500 words maximum) The Budget Summary and Project Budget (see page 3) represent the Community Cost-Share Project components exclusively. Include details on the provider of all services such as design, engineering, construction management and materials including specific material cost, equipment, and hourly rate. If an engineer’s estimate is included with the application, indicate which line items are included in the Community Cost-Share Project application. The Village Engineer is responsible for managing the day to day MS4 program in the Village of Oakwood and will use the funding to update the needed deliverables under the Village's current MS4 permit. These professional services will improve the Village's MS4 program, the water quality in Lake Erie, and the local watershed. 5 Rev 5/2016  Community Cost-Share Program Application Vendor Registration Prior to submission, ensure that the Member Community is a registered vendor with the District. Vendor Registration can be done by accessing http://www.neorsd.org/isupplier_homepage.php and completing the New Vendor Registration. If unsure of the Member Community vendor status, by initiating the New Vendor Registration a message of active registration will appear if currently registered as a vendor. Project Budget Community Cost- Project Expenses Share Expense Line Item Description Professional Services $ 22,500.00 MS4 Project Mngmt,Engineering/Environmental & GIS Services & Watershed partnerships Personnel (Member Community staff only) $7,500 Street sweeping and disposal of wastes Subcontract Equipment Materials Other $ 30,000.00 TOTAL 6 Rev 5/2016 [FOR NEORSD USE] CONTRACT NO. CERTIFICATION NORTHEAST OHIO REGIONAL SEWER DISTRICT It is hereby certified that the amount required to WITH meet the contract, agreement, obligation, payment VILLAGE OF OAKWOOD or expenditure, for the above, has been lawfully appropriated or authorized or directed for such FOR purpose and is in the Treasury or in process of COMMUNITY COST-SHARE PROJECT: collection to the credit of the fund free from any 2021 MS4 STORMWATER MANAGEMENT obligation or certification now outstanding. _______________________________________ Total Approximate Cost: $30,000.00 ______________________________________ _______________________________________ CHIEF FINANCIAL OFFICER The legal form and correctness of the within ______________________________________ instrument are hereby approved. Date ______________________________________ CHIEF LEGAL OFFICER ______________________________________ Date Budget Center 8100 6 2021-43 NEORSD OEPA MS4 Cost Share Storm Water Permit ORDINANCE NO. 2021 – 43 INTRODUCED BY MAYOR AND COUNCIL AS A WHOLE AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COMMUNITY COST-SHARE AGREEMENT WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT TO OBTAIN COST REIMBURSEMENTS FOR CERTAIN WORK TO BE PERFORMED IN THE VILLAGE ASSOCIATED WITH OEPA MS4 STORM WATER PERMIT REQUIREMENTS (2021 MS4 STORMWATER MANAGEMENT) WHEREAS, the Oakwood Village Engineer has informed the Mayor that in 2021 it is necessary for work to be performed in the Village associated with OEPA MS4 storm water permit requirements (2021 MS4 Stormwater Management); and WHEREAS, the 2021 MS4 Stormwater Management work includes the following activities: 1) Annual report preparation; 2) Development of Village Stormwater Management Plan; 3) Update Facilities Stormwater Pollution Prevention Plan (SWP3); 4) Review and update Village Ordinances; 5) Update Village Storm and Sanitary Sewer Map; 6) Inspect and Map Post Construction Stormwater Control Measures 7.) Address Illicit Discharge Requirements; 8.) Complete outfall sampling; 9.) Pay membership fees for Tinkers Creek Watershed Partnership; and WHEREAS, the Village Engineer and the Service Director have been informed by NEORSD that the 2021 MS4 Stormwater Management work would effectively serve as a Pollution Prevention and Good Housekeeping BMP and thus qualify as a storm water management project eligible for Community Cost-Share Program funds; and WHEREAS, the Village Engineer and the Service Director were successful in their application to the NEORSD for the disbursement of Community Cost-Share Program funds associated with OEPA MS4 storm water permit requirements (2021 MS4 Stormwater Management) work in the amount of Thirty Thousand Dollars ($30,000.00) for such services. NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Oakwood, County of Cuyahoga, and State of Ohio that: SECTION 1. The Mayor is hereby authorized and directed to execute a Community Cost- Share Agreement, attached hereto and incorporated herein as Exhibit 1, and any other documents with the NEORSD as is required for the disbursement of Community Cost-Share Program funds iii the total amount of Thirty Thousand Dollars ($30,000.00) to provide services associated with OEPA MS4 stormwater permit requirement work (2021 MS4 Stormwater Management) in the Village of Oakwood. SECTION 2. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the inhabitants of the Village, the reason for the emergency being that the Village can take advantage of a funding opportunity for the foregoing operations and activities which are necessary to protect the environment and required to maintain compliance with OEPA MS4 stormwater permit requirements and , therefore, provided it receives two-thirds (b) of the vote of all members of Council elected thereto, said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. 2021-43 NEORSD OEPA MS4 Cost Share Storm Water Permit PASSED:_____________________________ _____________________________________ Johnnie A. Warren, President of Council _____________________________________ Debra L. Hladky, Clerk of Council Presented to the Mayor ___________________________________ Approved: ________________________________ _________________________________________ Mayor, Gary V. Gottschalk I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021- 43 was duly and regularly passed by this Council at the meeting held on the _____ day of ________________, 2021. _________________________________ Debra L. Hladky, Clerk of Council POSTING CERTIFICATE I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that Ordinance No. 2021 - 43 was duly posted on the _____ day of ________________, 2021, and will remain posted in accordance with the Oakwood Village Charter. ____________________________________ Debra L. Hladky, Clerk of Council DATED: ______________________________ 2021-44 Road Repair Program ORDINANCE NO. 2021 – 44 INTRODUCED BY MAYOR AND COUNCIL AS A WHOLE AN EMERGENCY ORDINANCE AUTHORIZING THE VILLAGE ENGINEER TO PREPARE PLANS AND SPECIFICATIONS, TO ADVERTISE FOR BIDS, AND PROCEED WITH ROAD REPAIRS ON VARIOUS STREETS AND COUNTY ROUTES LOCATED WITHIN THE VILLAGE WHEREAS, the Village Council deems it necessary and in the best interests of the health, safety and welfare of all of the Village residents to continue to perform routine repairs and preventative maintenance on various streets and County Routes within the Village, and WHEREAS, the Mayor and Village Engineer had applied for funding from the Cuyahoga County Department of Public Work to reimburse the Village for the cost of materials purchased to perform routine repairs and preventative maintenance on various Cuyahoga County routes located within the Village, and WHEREAS, the Cuyahoga County Department of Public Work has notified the Mayor that it will reimburse the Village for the cost of materials purchased to perform routine repairs and preventative maintenance on Alexander Road (from West Corp Line to Broadway), Broadway Avenue (from Forbes Road to Richmond Road), Columbus Road (from East Corp Line to West Corp Line), Forbes Road (from Northfield Road to Richmond Road), Macedonia Road (from South Corp Line to Broadway Avenue), Pettibone Road (from Richmond Road to Broadway), Richmond Road (from Columbus Road to Broadway Avenue), Solon Road (from West Corp Line to Richmond Road) and Tryon Road (from Richmond Road to Broadway Avenue) for an amount of up to One Hundred Twenty Thousand Two Hundred Fifty Dollars and Zero Cents ($120,250.00). NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Oakwood, County of Cuyahoga, and State of Ohio that: WHEREAS, the Village Council deems it necessary and in the best interests of the health, safety and welfare of all of the Village residents to continue to perform routine repairs and preventative maintenance on various streets within the Village: SECTION 1. The Village Engineer be and is hereby authorized and directed to prepare plans and specifications for Road Repairs, as determined by the Engineer, on Alexander Road (from West Corp Line to Broadway), Broadway Avenue (from Forbes Road to Richmond Road), Columbus Road (from East Corp Line to West Corp Line), Forbes Road (from Northfield Road to Richmond Road), Macedonia Road (from South Corp Line to Broadway Avenue), Pettibone Road (from Richmond Road to Broadway), Richmond Road (from Columbus Road to Broadway Avenue), Solon Road (from West Corp Line to Richmond Road) and Tryon Road (from Richmond Road to Broadway Avenue). The Village Engineer is also authorized to perform miscellaneous pavement spot repairs throughout the Village and at the Village Hall Parking Lot as determined by the Service Director and the Mayor. 2021-44 Road Repair Program SECTION 2. The Village Engineer be and is hereby authorized and directed to advertise for bids according to law for the repairs and other work as specified in Section 1 hereof. SECTION 3. Upon receipt of the bids, the Mayor shall provide all members of Council with a bid tabulation summary for each bidder prior to the Board of Control awarding any contract for the matters described in Section 1 hereof. SECTION 4. Council hereby authorizes the expenditure of an aggregate amount not to exceed Two Hundred Thousand Dollars ($200,000.00) for asphalt and concrete road repairs and other repairs as provided in Section 1 hereof. The Director of Finance be and is hereby authorized and directed to issue vouchers in the amounts and for the purposes as expressed in Section 1 hereof upon the award of contracts pursuant to Board of Control approval, said amounts to be charged to the SCMR Fund. SECTION 5. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the inhabitants of the Village, the reason for the emergency being that the same relates to the daily operation of a municipal department and to take advantage of time-sensitive cost reimbursement programs, therefore, provided it receives two-thirds (b) of the vote of all members of Council elected thereto, said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED:_____________________________ _____________________________________ Johnnie A. Warren, President of Council _____________________________________ Debra L. Hladky, Clerk of Council Presented to the Mayor ___________________________________ Approved: ________________________________ _________________________________________ Mayor, Gary V. Gottschalk I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021- 44 was duly and regularly passed by this Council at the meeting held on the _____ day of ________________, 2021. _________________________________ Debra L. Hladky, Clerk of Council 2021 - Road Program, Page -3- POSTING CERTIFICATE I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that Ordinance No. 2021 - 44 was duly posted on the _____ day of ________________, 2021, and will remain posted in accordance with the Oakwood Village Charter ____________________________________ Debra L. Hladky, Clerk of Council DATED: ______________________________ 2021-45 CDSG grant Oakwood Commons Multipurpose Trail Project ORDINANCE NO. 2021 – 45 INTRODUCED BY MAYOR AND COUNCIL AS A WHOLE A RESOLUTION ACCEPTING A FUNDING AWARD FROM CUYAHOGA COUNTY UNDER THE 2021 COMMUNITY DEVELOPMENT SUPPLEMENTAL GRANT PROGRAM AND AUTHORIZING THE ENGINEER TO BEGIN THE PREPARATION OF PLANS AND SPECIFICATIONS AND TO ADVERTISE FOR BIDS FOR THE OAKWOOD COMMONS MULTIPURPOSE TRAIL PROJECT IN THE VILLAGE OF OAKWOOD AND DECLARING AN EMERGENCY WHEREAS, on December 15, 2020, by Resolution 2020-93, Council authorized and directed the Mayor and the Village Engineer to file an application for funding to the Cuyahoga County Department of Development for the Oakwood Commons Multipurpose Trail Project under the 2021 Community Development Supplemental Grant Program; and WHEREAS, the Cuyahoga County Department of Development has notified the Mayor and the Village Engineer that the Village of Oakwood has been awarded $49,460.00 for the Oakwood Commons Multipurpose Trail Project under the 2021 Supplemental Grant Program which will include the construction of a 6 feet wide concrete sidewalk within the right of way on the northerly side of Oakwood Commons from Broadway Avenue to the cul-de-sac; and NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Oakwood, County of Cuyahoga, and State of Ohio that: SECTION 1. The Mayor is hereby authorized and directed to enter into any agreements with the Cuyahoga County Department of Development as may be necessary and appropriate for securing the grant award funds for the Oakwood Commons Multipurpose Trail Project. SECTION 2. The Village Engineer be and is hereby authorized and directed to prepare plans and specifications for the Oakwood Commons Multipurpose Trail Project. SECTION 3. The Village Engineer be and is hereby authorized and directed to advertise for bids according to law for the repairs and other work as specified in Section 1 hereof. SECTION 4. Upon receipt of the bids, the Mayor shall provide all members of Council with a bid tabulation summary for each bidder prior to the Board of Control awarding any contract for the matters described in Section 1 hereof. SECTION 5. Council hereby authorizes the expenditure of an aggregate amount not to exceed Seventy Thousand Dollars ($70,000.00) for the design, bidding and construction of the Oakwood Commons Multipurpose Trail Project as provided above. The Director of Finance be and is hereby authorized and directed to issue vouchers in the amounts and for the purposes as expressed above upon the award of contracts pursuant to Board of Control approval, said amounts to be charged to the Street Construction Maintenance and Repair Fund. 2021-45 CDSG grant Oakwood Commons Multipurpose Trail Project SECTION 6. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the inhabitants of the Village, the reason for the emergency being that it is required to ensure the construction of the facility during the 2021 construction season, therefore, provided it receives two-thirds (2/3) of the vote of all members of Council elected thereto, said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED:_____________________________ _____________________________________ Johnnie A. Warren, President of Council _____________________________________ Debra L. Hladky, Clerk of Council Presented to the Mayor ___________________________________ Approved: ________________________________ _________________________________________ Mayor, Gary V. Gottschalk I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021 - 45 was duly and regularly passed by this Council at the meeting held on the _____ day of ________________, 2021. _________________________________ Debra L. Hladky, Clerk of Council POSTING CERTIFICATE I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that Ordinance No. 2021 - 45 was duly posted on the _____ day of ________________, 2021, and will remain posted in accordance with the Oakwood Village Charter ____________________________________ Debra L. Hladky, Clerk of Council DATED: ______________________________ 2021-46 Fair Oaks Road Resurfacing Project ORDINANCE NO. 2021 – 46 INTRODUCED BY MAYOR AND COUNCIL AS A WHOLE A RESOLUTION AUTHORIZING THE ENGINEER TO BEGIN THE PREPARATION OF PLANS AND SPECIFICATIONS AND TO ADVERTISE FOR BIDS FOR THE FAIR OAKS ROAD RESURFACING AND SIGNAL PROJECT IN THE VILLAGE OF OAKWOOD AND DECLARING AN EMERGENCY WHEREAS, the Village Engineer and Service Director have notified the Mayor and Council that the Fair Oaks Road pavement is in a failed condition; and WHEREAS, the Village Engineer has notified the Mayor and Council that the Fair Oaks Road and Alexander Road intersection will require the installation of a traffic signal to address future commercial development; and WHEREAS, on October 27, 2020 Council had, by Resolution 2020-85, authorized the Mayor to make application to the District One Public Works Integrating Committee and the Ohio Public Works Commission for financial assistance for the Fair Oaks Road Resurfacing and Signal Project; and, WHEREAS, the Ohio Public Works Commission has advised the Mayor and the Village Engineer that it will provide financial assistance for the Fair Oaks Road Resurfacing And Signal Project in the form of a grant/loan combination in the amount of Seven Hundred Forty Nine Thousand Nine Hundred Ninety Nine Dollars and Zero Cents ($749,999.00); and, WHEREAS, the Village Engineer and Service Director have recommended to the Mayor and Council that the Village Engineer be authorized to begin the preparation of plans and specifications and to advertise for bids for the Fair Oaks Road Resurfacing and Signal Project in order to provide for the safety of the travelling public; and NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Oakwood, County of Cuyahoga, and State of Ohio that: SECTION 1. The Village Engineer be and is hereby authorized and directed to prepare plans and specifications for the Fair Oaks Road Resurfacing and Signal Project. SECTION 2. The Village Engineer be and is hereby authorized and directed to advertise for bids according to law for the work as specified in Section 1 hereof. SECTION 3. Upon receipt of the bids, the Mayor shall provide all members of Council with a bid tabulation summary for each bidder prior to the Board of Control awarding any contract for the matters described in Section 1 hereof. SECTION 4. Council hereby authorizes the expenditure of an aggregate amount not to exceed One Million One Hundred Eleven Thousand Dollars ($1,111,000.00) for the Fair Oaks Road Resurfacing and Signal Project as provided in Section 1 hereof. The Director of Finance be and is hereby authorized and directed to issue vouchers in the amounts and for the purposes as expressed in Section 1 hereof upon the award of contracts pursuant to Board of Control approval, said amounts to 2021-46 Fair Oaks Road Resurfacing Project be charged to the Street Construction Maintenance and Repair Fund with documentation including invoices and cancelled checks to be submitted promptly to the Ohio Public Works Commission for reimbursement. SECTION 5. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the inhabitants of the Village, the reason for the emergency being that the design and plan preparation for the Fair Oaks Road Resurfacing and Signal Project will need to be initiated promptly in order to have the bid documents ready for the 2022 construction season , therefore, provided it receives two-thirds (2/3) of the vote of all members of Council elected thereto, said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED:_____________________________ _____________________________________ Johnnie A. Warren, President of Council _____________________________________ Debra L. Hladky, Clerk of Council Presented to the Mayor ___________________________________ Approved: ________________________________ _________________________________________ Mayor, Gary V. Gottschalk I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that the foregoing Ordinance No. 2021 -46 was duly and regularly passed by this Council at the meeting held on the _____ day of ________________, 2021. _________________________________ Debra L. Hladky, Clerk of Council POSTING CERTIFICATE I, Debra L. Hladky, Clerk of Council of the Village of Oakwood, County of Cuyahoga and State of Ohio, do hereby certify that Ordinance No. 2021 - 46 was duly posted on the _____ day of ________________, 2021, and will remain posted in accordance with the Oakwood Village Charter ____________________________________ Debra L. Hladky, Clerk of Council DATED: ______________________________