The Board of Trustees of Miami Township, Clermont County, Ohio met in regular session at the Miami Township Civic Building on June 3, 2003 with the following members present: Mary Makley Wolff, Edwin H. Humphrey and Joseph W. Uecker.
MR. HUMPHREY made a motion to adopt the following Resolution:
RESOLUTION DECLARING NECESSITY TO APPROPRIATE CERTAIN LAND FOR PUBLIC ROAD PURPOSES, DISPENSING WITH THE SECOND READING
WHEREAS, it is deemed necessary to construct, maintain and operate a road improvement project for the purpose of making and/or repairing roads near the intersection of Woodspoint Drive and State Route 28 in Miami Township, Clermont County, Ohio and for the further purpose of installing storm sewers in the road right of way and to acquire real property for such purposes in accordance with plans which are on file in the Office of the Clerk of Miami Township, Clermont County, Ohio; and
WHEREAS, this Board has negotiated or caused to be negotiated with Richard Hueber, who is the owner of real estate located in the area of the proposed improvement, for the purpose of such real property to construct, operate and maintain the road improvement project, and said negotiations have been to no avail.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Miami Township ("Board"), Clermont County, Ohio by authority of Chapter 504, Section 503.01 et. seq. and Section 511.11 of the Ohio Revised Code, as follows:
SECTION 1: That the Board of Trustees of Miami Township, Clermont County, Ohio, declare its intention to proceed with a road and storm sewer improvement project for the purpose of making and/or repairing roads in the area of Woodspoint Drive at the intersection of State Route 28 in Miami Township, Clermont County, Ohio and for the purpose of installing storm sewers in the road right of way and to appropriate from Richard Hueber such real property as is necessary for this purpose, which property is more fully described in the Petition of Appropriation of property, a copy of which is attached hereto as Exhibit "1", and which is hereby authorized to be filed pursuant to this Resolution. SECTION 2: That the Declaration of Intent to take possession, attached as Exhibit "2", is hereby authorized to be filed and that compensation for said property being appropriated together with damages, if any, to the residue shall be assessed at the value of TWO THOUSAND SIX HUNDRED AND TEN DOLLARS ($2,610.00) and that the Clerk of Miami Township, Clermont County, Ohio, is hereby authorized and directed to issue a check in the amount of TWO THOUSAND SIX HUNDRED AND TEN DOLLARS ($2,610.00) made payable to the Clerk of Courts, Clermont County, Ohio, as and for deposit with the Clerk of said appraised sum in order that the Township may proceed immediately to obtain possession and access to said property in order to proceed with the plans and specifications for the road improvement and storm sewer project.
SECTION 3: That the Office of the Miami Township Law Director upon issuance of said deposit shall immediately file an Application on behalf of the Board of Trustees of Miami Township, Clermont County, Ohio for a right of possession and pursue obtaining an immediate entry of possession as provided by the Ohio Revised Code.
SECTION 4: That the Office of the Miami Township Law Director shall undertake to represent the interest of the Board of Trustees of Miami Township, Clermont County, Ohio is said appropriation proceedings and shall pursue said appropriations proceeding to their conclusion.
SECTION 5: That the Clerk of Miami Township shall immediately cause written notice of the passage of this resolution to be served upon Richard Hueber in the manner provided for service and return of summons in a civil action. David Duckworth, Miami Township Administrator, is appointed as process server for the purpose of serving a copy of this resolution upon Richard Hueber.
SECTION 6: The Board does hereby dispense with the requirement that this Resolution be read on two separate days, pursuant to Section 504.10 of the Ohio Revised Code, and authorizes the adoption of this Resolution upon its first reading.
SECTION 7: That this Board hereby finds and determines that all formal actions relative to the passage of this Resolution were taken in an open meeting of this Board, and that all deliberations of this Board and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Ohio Revised Code.
SECTION 8: This Resolution shall take effect at the earliest period allowed by law.
First Reading: June 3, 2003
Second Reading: Dispensed with
Effective: July 2, 2003
MR. UECKER seconded the motion to adopt the Resolution. On the roll call being called the vote resulted as follows:
Mrs. Wolff AYE
Mr. Humphrey AYE
Mr. Uecker AYE
Resolution 200 3 - 26 adopted June 3, 2003.