The Board of Trustees of Miami Township, Clermont County, Ohio met in regular session at the Miami Township Civic Building on May 20, 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 PROVIDING FOR WATER SUPPLY FACILITIES PURSUANT TO SECTION 504.18 OF THE OHIO REVISED CODE, DISPENSING WITH THE SECOND READING
WHEREAS, for the purpose of supplying water or sewer services to users within the unincorporated area of the township, a board of township trustees may provide a supply of water or sewer services by contract with any municipal corporation, county sewer district, or regional water and sewer district or any person, firm, or private corporation furnishing a public water supply or sewer services within or outside the township; and
WHEREAS, the Miami Township Board of Trustees, in cooperation with the Clermont County Board of County Commissioners, desire to provide a supply of water to certain properties located in Branch Hill, herein after named "Branch Hill Water Project"; and
WHEREAS, the Clermont County Board of County Commissioners has received a $125,000 Community Development Block Grant to provide financial assistance for the Branch Hill Water Project; and
WHEREAS, to pay all or any part of the costs of a water supply or sewer services under Section 504.18 of the Revised Code, a board of township trustees by resolution may levy special assessments upon lots and lands in the township benefiting from the water supply facilities or sewer improvements and may issue unvoted securities in anticipation of the levy or collection of those special assessments in accordance with Chapter 133. of the Revised Code. At the discretion of the board, assessments may be levied by one of the following methods: (1) By a percentage of the tax value of the property assessed; (2) In proportion to the benefits that result from the improvements; (3) By the front footage of the property bounding and abutting the improvements; and
WHEREAS, by this resolution the Board shall establish the method of determining the cost of the water supply services and shall also determine the method of levying the special assessments upon the lots and lands in the township benefiting from the water supply facility and contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Miami Township
("Board"), Clermont County, Ohio by authority of Section 504.18 of the
Ohio Revised Code, as follows:
SECTION 1: The cost of the water supply facilities for improved lots shall be
calculated as follows: Planning, Engineering and Construction Costs, Tap-In
Fees, Debt-Service, Legal Fees and other Administrative Fees, including all
costs associated with any and all contracts with the Clermont County Board of
Commissioners, divided by Total Number of Improved Lots.
SECTION 2: The cost of the water supply facilities for unimproved lots shall be calculated as follows: Planning, Engineering and Construction Costs, Debt-Service, Legal Fees and other Administrative Fees, including all costs associated with any and all contracts with the Clermont County Board of Commissioners, divided by Total Number of Unimproved Lots.
SECTION 3: The Township shall enter into a contract or contracts with the Board of County Commissioners of Clermont County, the Clermont County Engineer, and all other appropriate Clermont County agencies for all engineering work required to establish a general plan of water supply for the area to be improved. This contract shall include the preparation of detailed plans, specifications, and estimates of the costs of improvements, together with a tentative assessment of the costs based on the estimates. The tentative assessment shall be for the information of property owners and shall not be certified to the County Auditor for collection. Once prepared, the detailed, plans, specifications, and estimates of the costs of improvements shall be preserved in the office of the Township Clerk and shall be open to inspection.
SECTION 4: As soon as all questions of compensation and damages have been determined for any water supply facilities or sewer services improvement project, the board shall cause to be made an estimated schedule of assessments, upon the lots and lands to be assessed, of such part of the compensation, damages, and costs of the improvement as is to be specially assessed according to the method specified by resolution of the board.
SECTION 5: The estimated schedule of the assessments shall be filed with the Township Clerk for the inspection of interested persons. Before adopting the estimated schedule of assessments as the final assessments, the board shall cause written notice to be sent to the owners of all lots and lands to be assessed that the estimated assessments has been made and is on file with the township clerk, and the date when objections to the assessment will be heard. The meeting shall occur on the 16th day of June, 2003, at 7:00PM, at the Miami Township Civic Building. Objections shall be filed in writing with the board before the date of the hearing. If any objections are filed, the board shall hear them and act as an equalizing board, and may change the estimated assessments if, in its opinion, any change is necessary to make the estimated assessments just and equitable. Upon completion of all hearings, the board shall adopt a resolution approving and confirming the assessments as reported to or modified by the board.
SECTION 6: The resolution levying the assessments shall apportion the cost among the benefited lots and lands pursuant to Section 504.18 (C)(2) of the Revised Code, in proportion to the benefits that result from the improvements. Once the assessments are finalized, the board shall certify the amounts to be levied upon each lot or parcel of land to the county auditor, who shall enter the amounts on the tax duplicate, to be collected as other taxes. The principal shall be payable in not more than forty semiannual installments, as determined by the board. Any assessment in the amount of twenty-five dollars or less, or of which the unpaid balance is twenty-five dollars or less, shall be paid in full and not in installments, at the time the first or next installment otherwise would become due and payable. Assessments are a lien upon the respective lots or parcels of land assessed from the date of adoption of the resolution under division (D) of this section. If bonds are issued to pay the compensation, damages, and the costs of an improvement, the principal amount of the assessment shall be payable in such number of semiannual installments and in such amounts as the board determines to be necessary to provide a fund for the payment of the principal of and interest on the bonds and shall bear interest from the date of the issuance of the bonds and at the same rate as the bonds; and
SECTION 7: Any owner of property to be assessed for any water supply facilities or sewer services improvement project, or other person aggrieved by the action of the board in regard to any water supply facilities or sewer services improvement project, may appeal to the court of common pleas, in the manner prescribed by Chapter 2506. of the Revised Code.
SECTION 8: When collected, the assessments shall be paid by the county auditor by warrant of the county treasurer into a special fund in the township treasury created for the purpose of constructing, improving, maintaining, and operating water supply facilities or sewer improvements. The board may expend moneys from the fund only for the purposes for which the assessments were levied.
SECTION 9. The Township Administrator is authorized to execute any and all agreements on behalf of the Board of Trustees that is required.
SECTION 10: 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 11: 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 12: This Resolution shall take effect at the earliest period allowed by law.
First Reading: May 20, 2003
Second Reading: Dispensed with
Effective: June 19, 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 - 22 adopted May 20, 2003.