RESOLUTION NO. 2009-08 A RESOLUTION DECLARING THE NECESSITY OF REPAIRING AND/OR CONSTRUCTING THE SIDEWALK ON THE WEST SIDE OF LOT 16 PT, BLOCK C IN THE VILLAGE OF ANTWERP, OHIO (TAX PARCEL ID #1204S00700); AND DECLARING THE SAME AN EMERGENCY WHEREAS, Council for the Village of Antwerp, Ohio (“Council”) has deemed it necessary to require construction and/or repair of the sidewalk abutting Lot 16 Pt, Block C in the Village of Antwerp, Ohio (Paulding County tax parcel ID #1204S00700) on the west side of such Lot, commonly known as 414 North Main Street, Antwerp, Ohio; and WHEREAS, pursuant to Ohio Revised Code Section 729.02, the Council directed the Village Administrator to cause plans, specifications, and an estimate of the cost of such construction and/or repair to be prepared, showing the location and dimensions of such sidewalks and the specifications for the construction or repair thereof, and to file these in the office of the Village Fiscal Officer; and WHEREAS, the plans, specifications, and estimate of the cost of such construction and/or repair have been filed in the office of the Village Fiscal Officer, and the Council declares it necessary for the construction and/or repair of the sidewalk identified herein to be made pursuant to the adoption of this Resolution of Necessity. NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County Ohio: Section 1. That Council approves the plans, specifications, and estimate of cost on file in the office of the Village Fiscal Officer for the proposed construction and/or repair of the sidewalk abutting Lot 16 Pt, Block C in the Village of Antwerp, Ohio (Paulding County tax parcel ID #1204S00700) on the west side of such Lot, commonly known as 414 North Main Street, Antwerp, Ohio, said Lot owned by Chase Home Finance, LLC of 3415 Vision Drive, Columbus, Ohio 43219. Section 2. That the lot and land abutting upon the sidewalk to be constructed and/or repaired is described as follows: LOT 16 PT, BLOCK C, VILLAGE OF ANTWERP, PAULDING COUNTY, OHIO, TAX PARCELID #1204S00700,COMMONLY KNOWN AS 414 NORTH MAIN STREET, ANTWERP, OHIO. Section 3. That the owners of said lot and land, Chase Home Finance, LLC, shall construct and/or repair the sidewalk located on the west side of said lot and land described herein in accordance with the specifications on file in the office of the Village Fiscal Officer. Section 4. That the sidewalk shall be constructed and/or repaired by Chase Home Finance, LLC, as the owners of the property located at 414 North Main Street, Antwerp, Ohio 45813, within thirty (30) days from the date of service of notice to be served by the Village Fiscal Officer upon Chase Home Finance, LLC in accordance with Ohio Revised Code Section 729.03. Section 5. In the event such sidewalk is not constructed and/or repaired by Chase Home Finance, LLC in accordance with the plans and specifications and within the time prescribed in this resolution, the Village of Antwerp will so construct and/or repair the sidewalk and assess the costs thereof against the lots and lands abutting such sidewalk. Section 6. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements. Section 7. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the Village is in immediate need of having all the sidewalks along Main Street repaired and/or constructed for the well being and safety of the residents and this Resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law. Passed this ______ day of August, 2009. Ray DeLong, Mayor Village of Antwerp Attest: Loretta Baker, Fiscal Officer