The Board of Trustees of Miami Township, Clermont County, Ohio met in regular session at the Miami Township Civic Building on December 16, 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 AN EMERGENCY TO EXIST AND AUTHORIZING THE REMOVAL OF SNOW AND ICE FROM UNDEDICATED ROADS IN ACCORDANCE WITH REVISED CODE SECTION 505.82, DISPENSING WITH THE SECOND READING AND DECLARING AN EMERGENCY
WHEREAS, there currently exists in Miami Township an emergency condition requiring the use of Township resources to remove snow and ice from the undedicated roads in the township in which the owner(s) of the undedicated road(s) has not provided for removal of snow and ice; and
WHEREAS, said emergency constitutes an immediate danger to the health, safety and welfare of the inhabitants of the township.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Miami Township, Clermont County, Ohio by authority of Chapter 504 and Section 505.82 of the Ohio Revised Code, as follows:
SECTION 1: An emergency is hereby declared, arising from the obstruction by snow and ice on certain undedicated road(s) in the township.
SECTION 2: The Township Service Director shall cause such road(s) to be cleared, and shall keep a record of the costs incurred and submit the same to the Board of Trustees. An equitable charge shall be imposed on the owner(s) of the road for such services, in an amount sufficient to recover the costs incurred by the township.
SECTION 3: Prior to clearing the road, the Township Clerk or Service Director shall give, or make a good faith effort to give, oral notice to the owner of road(s) the intention of the township to clear the road(s) and impose a service charge for the removal of snow and ice.
SECTION 4: When the service charge is determined and imposed, the Township Clerk shall notify the owner in writing of the amount of the charge, and certify the charge to the Clermont County Auditor, to be placed on a special tax duplicate and collected as other taxes and returned to the township general fund.
SECTION 5. Pursuant to Section 505.82 of the Revised Code, this Resolution
shall remain in effect from December 16, 2003 through April 16, 2003.
SECTION 6: That this Resolution is hereby declared to be an emergency measure
pursuant to Section 504.11 of the Ohio Revised Code, necessary for the immediate
preservation of the public peace, health, safety, or welfare of Miami Township,
in order to remove snow and ice from the undedicated roads in the township
SECTION 7: 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 8: 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 9: This Resolution shall take effect at the earliest period allowed by law.
First Reading: December 16, 2003
Second Reading: Dispensed with
Effective: December 26, 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 2003-53 adopted December 16, 2003.