2023-66 AMENDING SECTION 2 OF ORDINANCE 2023-46

2023-66 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 2023-46 ADOPTED JULY 24, 2023, AND DECLARING AN EMERGENCY.

WHEREAS, the Legislative Committee at their meeting of September 18, 2023, unanimously recommended amending Section 2 as outlined below in italics.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Vermilion, the Counties of Erie and Lorain, and the State of Ohio:

SECTION 2.   That the wastewater rates established by this ordinance for the City of Vermilion as part of a dedicated source of repayment to the Ohio Environmental Protection Agency, Division of Environmental and Financial Assistance, through the Water Pollution Control Loan Fund, shall be reviewed on an annual basis on a schedule established by the Director of Public Service and the Director of Finance to address the sufficiency of such rates to meet new sewer system debt service, existing sewer system debt service and operation, maintenance and replacement costs (O,M&R) for the City’s wastewater facilities and the Director of Finance to address the sufficiency of such rates to meet new sewer system debt service, existing sewer system debt service and operation, maintenance and replacement costs (O,M&R) for the City’s wastewater facilities.

The City of Vermilion Administration will inspect the wastewater treatment facilities for compliance with State and Federal Standards every 10 years from the adoption of this amendment. Vermilion City Council will be issued a report pursuant to the inspection’s completion, listing all items that are not within compliance of State or Federal requirements.

Furthermore, Ordinance 2023-46 and this amendment is to be displayed in a prominent area in both the Administration Building and the Office of the Clerk of Council with the date of adoption.

SECTION 3. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and any committees that resulted in those formal actions were in meetings open to the public and in compliance with all requirements, including Section 121.11 of the Ohio Revised Code.

SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the City; for reason that it is immediately necessary that we comply with the City Charter and statutory law in order to perpetuate the position and authenticate Vermilion City Council; and for the further reason of the need to meet the funding schedule as established by the Ohio EPA; and provided it receives the affirmative majority vote of  two-thirds or more of those members elected or appointed to City Council, it shall take effect and go into full force immediately after its adoption and its approval by the Mayor; otherwise, it shall take effect at the earliest period allowed by law.