Upcoming Agenda

AN ORDINANCE AMENDING SECTION 181.013, ALLOCATION OF FUNDS, OF THE DELTA MUNICIPAL CODE AND DECLARING AN EMERGENCY

WHEREAS, the Council of the Village of Delta has been advised that prior legislation identifying a distribution of municipal income tax funds needs to be corrected; and

WHEREAS, it is necessary to amend Section 181.013 of the Delta Municipal Code to reflect the correct allocation and distribution of municipal income tax funds.

THEREFORE BE IT ORDAINED BY THE COUNCIL FOR THE VILLAGE OF DELTA, FULTON COUNTY OHIO THAT:

SECTION 1. Section 181.013 of the codified ordinances of the Village of Delta, Fulton County, Ohio be amended to reflect the following distribution and allocation of income tax revenues:

181.013, ALLOCATION OF FUNDS

(A) The funds collected under the provisions of this Chapter shall be applied and allocated as follows and for the following purposes:

(1) Forty-Six and two third percent (46 2/3%) to the General Fund for general operating expenses.

(2) Eighteen percent (18%) may be appropriated by ordinance passed by the Village Council for the purposes of maintenance, new equipment, extension and enlargement of municipal services and facilities, and capital improvements.

(2) Thirty-three and one third percent (33 1/3 %) for the financing, construction, maintenance, operation and improvement of the municipal waterworks system;

(3) Three percent (2%) to the Park Fund.

SECTION 2. All prior Ordinances inconsistent with this Ordinance are hereby repealed.

SECTION 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted at open meetings of this Council and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with legal requirements as set forth by Village Charter.

SECTION 4: This ordinance is deemed an emergency measure, is necessary for the immediate preservation of the public health, safety and welfare, and for the further reason that it is necessary to correct the allocation of finds to be consistent with Ohio law.

Passed this _______ day of __________________, 2024.

MAYOR

CLERK OF COUNCIL

AN ORDINANCE AUTHORIZING THE VILLAGE OF DELTA TO EXECUTE AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE US 20A, US 127 AND SR 109 RESURFACING PROJECT, PID NO. 94331, AND DECLARING AN EMERGENCY.

WHEREAS, the Village of Delta wishes to partner with the Ohio Department of Transportation and other entities to engage in a construction project for the resurfacing of US 20A from Fulton County line Country Road 24, US 127 from US 20 to the Michigan state line, and SR 109 from US20A to US 20 (the “project”), reference PID # 94331, a portion of which is within the Village of Delta; and

WHEREAS, in order for ODOT to construct the project within the Village, legislation is required to approve a Participation Agreement; and

WHEREAS, the Preliminary Legislation required by ODOT is on file with the Village Administrator and incorporated herein by reference.

NOW THEREFORE, Be It Ordained By The Council Of The Village of Delta, Wood County Ohio, That:

Section 1. The Village Council hereby approves and authorizes the Village Administrator and other Village Officials to execute the Preliminary Legislation entering into an Agreement with the State of Ohio, which Participatory Agreement is on file with the Village Administrator, dealing with the resurfacing of US 20A from Fulton County line Country Road 24, US 127 from US 20 to the Michigan state line, and SR 109 from US20A to US 20 (the “project”), reference PID # 94331. The Administration is further authorized to execute any and all other documents and instruments necessary to perform the Village’s obligations under the Agreement.

Section 2. All formal actions of Council relating to the adoption of this ordinance, and all deliberations of Council and any of its committees leading to such action, were in meeting open to the public as required by law.

Section 3. This ordinance is deemed an emergency measure, is necessary for the immediate preservation of the public health, safety and welfare, and for the further reason that it is immediately necessary to comply with the time frame for the funding and construction of the project.

Passed this _______ day of __________________, 2024.

MAYOR

CLERK OF COUNCIL

A RESOLUTION AUTHORIZING THE VILLAGE OF DELTA TO PARTICIPATE IN THE ODOT ROAD SALT CONTRACT, AND DECLARING AN EMERGENCY.

WHEREAS, it is more efficient and cost effective for the Village of Delta to purchase road salt as part of the Ohio Department of Transportation’s annual road salt program; and

WHEREAS, the Village of Delta (hereinafter referred to as the “Political Subdivision”) hereby submits this written agreement to participate in the Ohio Department of Transportation’s (ODOT) annual road salt bid in accordance with Ohio Revised Code 5513.01(B) and hereby agrees to all of the following terms and conditions in its participation of the ODOT road salt contract.

NOW THEREFORE, Be It Ordained By The Council Of The Village of Delta, Wood County Ohio, That:

Section 1. The Council for the Village of Delta hereby agrees to purchase road salt through the ODOT annual participatory agreement and therefor agrees to the following:

a. The Political Subdivision hereby agrees to be bound by all terms and conditions established by ODOT in the road salt contract and acknowledges that upon of award of the contract by the Director of ODOT it shall be bound by all such terms and conditions included in the contract; and

b. The Political Subdivision hereby acknowledges that upon the Director of ODOT’s signing of the road salt contract, it shall effectively form a contract between the awarded salt supplier and the Political Subdivision; and

c. The Political Subdivision agrees to be solely responsible for resolving all claims or disputes arising out of its participation in the ODOT road salt contract and agrees that each party hereto shall be responsible for liability associated with that party’s own errors, actions, and failures to act; and

d. The Political Subdivision’s electronic order for Sodium Chloride (Road Salt) will be the amount the Political Subdivision agrees to purchase from its awarded salt supplier at the delivered bid price per ton awarded by the Director of ODOT; and

e. The Political Subdivision hereby agrees to purchase a minimum of 90% of its electronically submitted salt quantities from its awarded salt supplier during the contract’s effective period; and

f. The Political Subdivision hereby agrees to place orders with and directly pay the awarded salt supplier on a net 30 basis for all road salt it receives pursuant to ODOT salt contract; and

g. The Political Subdivision acknowledges that should it wish to rescind this participation agreement it will do so by written, emailed request by no later than Friday, May 3rd, by 5:00 p.m. The written, emailed request to rescind this participation agreement must be received by the ODOT Office of Contract Sales, Purchasing Section email: Contracts.Purchasing@dot.ohio.gov by the deadline. The Department, upon receipt, will respond that it has received the request and that it has effectively removed the Political Subdivision’s participation request. Furthermore, it is the sole responsibility of the Political Subdivision to ensure ODOT has received this participation agreement as well as the receipt of any request to rescind this participation agreement. The Department shall not be held responsible or liable for failure to receive a Political Subdivision’s participation agreement and/or a Political Subdivision’s request to rescind its participation agreement.

Section 2. The Village Council hereby approves and authorizes the Village Administrator and other Village Officials to execute this participation agreement for the ODOT road salt contract, that funding has been authorized, and the Political Subdivision agrees to the above terms and conditions regarding participation on the ODOT salt contract.

Section 3. That the administration is authorized to purchase up to Fifty (50) tons of road salt, as needed.

Section 2. All formal actions of Council relating to the adoption of this Resolution, and all deliberations of Council and any of its committees leading to such action, were in meeting open to the public as required by law.

Section 3. This Resolution is deemed an emergency measure, is necessary for the immediate preservation of the public health, safety and welfare, and for the further reason that it is immediately necessary to comply with the time frame for the funding and timely execution of the contract requirements.

Passed this _______ day of __________________, 2024.

MAYOR

CLERK OF COUNCIL