The Board of Trustees of Miami Township, Clermont County, Ohio met in regular session at the Miami Township Civic Building on November 16, 2004 with the following members present: Edwin H. Humphrey, Joseph W. Uecker and Mary Makley Wolff.
MRS. WOLFF made a motion to adopt the following Resolution:
RESOLUTION EXTENDING THE CONTRACT FOR A STREET LIGHTING SYSTEM, DISPENSING WITH THE SECOND READING AND DECLARING AN EMERGENCY
WHEREAS, the Board of Trustees ("Board") has previously adopted a Resolution establishing a street lighting system for the Lighting District known as Miami Trails, Section II; and
WHEREAS, the Board has determined the need to extend the contract for a street lighting system for the above referenced Lighting District as authorized by Section 515.081 of the Ohio Revised Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Miami Township, Clermont County, Ohio by authority of Chapter 504 and Chapter 515 of the Ohio Revised Code, as follows:
SECTION 1: That the public welfare and safety requires that the contract for a street lighting district known as Miami Trails, Section II be extended.
SECTION 2: That the Cinergy Corp. be and is hereby authorized and directed to furnish and maintain the street lighting system.
SECTION 3: That said street lighting system as well as the purchase of the electrical energy for said system shall be in accordance with the terms and conditions of the Cinergy Corp. street lighting service tariff, P.U.C.O. No. 17, sheet No. 60.4, or any amendments or revisions thereof.
SECTION 4: That the cost and expenses of furnishing and maintaining such lights, and of the proceedings in relation thereto, shall continue to be paid from a fund raised by special assessments against the lots and lands in the district which are benefited by such lighting.
SECTION 5: 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 provide an artificial lighting system for the streets in Miami Trails, Section II.
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: November 16, 2004
Second Reading: Dispensed with
Effective: November 26, 2004
MR. UECKER seconded the motion to adopt the Resolution. On the roll call being called the vote resulted as follows:
Mr. Humphrey AYE
Mr. Uecker AYE
Mrs. Wolff AYE
Resolution 2004-44 adopted November 16, 2004.