062 Legal Notice

AMENDED ORDINANCE NO. 33-2015
(Sponsor - Councilmember
Carlisle)

TRANSFERRING APPROPRIATIONS FOR THE YEAR 2015 AND DECLARING AN EMERGENCY.

WHEREAS, it is necessary to transfer funds from one line item to another within the existing 2015 budget; and

WHEREAS, it is in the interest of the public health, safety, morals, and general welfare of the citizens of the City of Shelby that these transfers be made effective so as to balance the books for the calendar year 2015, and so as to fund necessary expenditures and/or projects.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SHELBY, OHIO, A TWO-THIRDS (2/3) MAJORITY ELECTED THERETO CONCURRING:

Section 1: That the Director of Finance shall be and is hereby authorized and directed to make the following transfers:

FROM 402-SIF-630
SEWER REPAIRS $40,000.00

TO 402-SIF-500
ENGINEERING $40,000.00

Section 2: That the Director of Finance shall be and is hereby authorized and directed to make the following transfers:

FROM 501-WTP-623
WATER PLANT
CONST $25,000.00

TO 501-WTP-500
ENGINEERING $25,000.00

Section 3: That all meetings and hearings concerning the adoption of this Ordinance have been in compliance with Codified Ordinance 220.01, Ohio Revised Code Section 121.22, and the Charter of the City of Shelby, Ohio.

Section 4: That this Ordinance is hereby deemed to be an emergency so as to meet the ongoing contractual and/or monetary obligations of the City of Shelby, Ohio, and therefore, shall be in full force and effect from and after its passage, approval by the Mayor, and the earliest period allowed by law.
PASSED: August 17, 2015
Steven McLaughlin,
Vice President of Council
ATTEST: Steven T. Lifer
Clerk of Council
APPROVED: Steven L. Schag Mayor
Prepared by:
Gordon M. Eyster Director of Law
08/29/15



AMENDED ORDINANCE
NO. 35-2015
(Sponsor - Councilmember
Carlisle)

AMENDING ORDINANCE NO. 8-2015 (ANNUAL APPROPRIATIONS), AND DECLARING AN EMERGENCY.

WHEREAS, on March 16, 2015, the Council of the City of Shelby passed its Annual Appropriation Ordinance as required by the Ohio Revised Code Section 5705.38; and
WHEREAS, it is necessary to increase line items within the 2015 budget and to fund said line item with previously unappropriated monies; and
WHEREAS, it is in the interest of the public health, safety, morals, and general welfare of the citizens of the City of Shelby that these additional appropriations be made effective so as to balance the books for the calendar year 2015, and so as to fund necessary expenditures and/or projects.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SHELBY OHIO, A TWO-THIRDS (2/3) MAJORITY ELECTED THERETO CONCURRING:

Section 1: That Ordinance No. 8-2015 (Annual Appropriations) is hereby amended as follows:

THE PURPOSE OF THIS ORDINANCE IS TO INCREASE EXPENDITURES

401-SCI-500
ENGINEERING $520,000.00

Section 2: That Ordinance No. 8-2015 (Annual Appropriations) is hereby amended as follows:

502-WCI-500
ENGINEERING $ 10,000.00

502-WCI-536
CONSTRUCTION $197,000.00

Section 3: That Ordinance No. 8-2015 (Annual Appropriations) is hereby amended as follows:

600-OFC-576
ELECTRIC DUES $ 20,000.00

Section 4: That all other portions of Ordinance No. 8-2015 not modified herein shall remain in full force and effect.

Section 5: That all meetings and hearings concerning the adoption of this Ordinance have been in compliance with Codified Ordinance 220.01, Ohio Revised Code Section 121.22, and the Charter of the City of Shelby, Ohio.

Section 6: That this Ordinance is hereby deemed to be an emergency so as to meet the ongoing contractual and/or monetary obligations of the City of Shelby, Ohio, and, therefore, shall be in full force and effect from and after its passage, approval by the Mayor, and the earliest period allowed by law.
PASSED: August 17, 2015
Steven McLaughlin,
Vice President of Council
ATTEST: Steven T. Lifer
Clerk of Council
APPROVED: Steven L. Schag Mayor
Prepared by:
Gordon M. Eyster Director of Law
08/29/15



LEGAL NOTICE
Public notice is hereby given to: The Unknown Heirs, Executors, Assigns and Administrators of the Estate of Bonnie L. Mayer, AKA Bonita L. Mayer, if any, and The Unknown Spouse of Bonnie L. Mayer, AKA Bonita L. Mayer, if any, whose last known address was 406 Third Avenue, Mansfield, OH and 5 Evergreen Ct., Lititz, PA and whose address cannot be ascertained that on July 17, 2015, the Treasurer of Richland County, Ohio filed a complaint in Case No. 15 CV 725 in the Richland County Court of Common Pleas, Mansfield, Ohio for the foreclosure of the lien for delinquent real estate taxes real property located at 406 Third Avenue, Mansfield. For the legal description of the parcel see Official Record Volume 261 Page 784.
The Unknown Heirs, Executors, Assigns and Administrators of the Estate of Bonnie L. Mayer, AKA Bonita L. Mayer, if any, and The Unknown Spouse of Bonnie L. Mayer, AKA Bonita L. Mayer, if any, may file an answer in this case setting forth any interest they have in this property. The answer must be filed in the office of the Richland County Clerk of Courts, and a copy must be served on the Richland County Prosecutor on or before October 14, 2015.
If The Unknown Heirs, Executors, Assigns and Administrators of the Estate of Bonnie L. Mayer, AKA Bonita L. Mayer, if any, and The Unknown Spouse of Bonnie L. Mayer, AKA Bonita L. Mayer, if any, fail to appear in this action and defend themselves a Default Judgment will be taken against them for the relief demanded in the complaint.
Michael C. Bear
Assistant Prosecuting Attorney
08/29/15, 09/05/15, 09/12/15



LEGAL NOTICE
Public notice is hereby given to: The Unknown Heirs, Executors, Assigns and Administrators of the Estate of Ruth A. Pinkston, and The Unknown Spouse of Ruth A. Pinkston, if any, whose last known address was 2354 Bowman St. Road, Mansfield and whose address cannot be ascertained that on August 27, 2015, the Treasurer of Richland County, Ohio filed a complaint in Case No.15 CV 859 in the Richland County Court of Common Pleas, Mansfield, Ohio for the foreclosure of the lien for delinquent real estate taxes against real property located at Buckingham Street, Mansfield. For the legal description of the parcel see Official Record Volume 1399, Page 22.
The Unknown Heirs, Executors, Assigns and Administrators of the Estate of Ruth A. Pinkston, and The Unknown Spouse of Ruth A. Pinkston, if any, may file an answer in this case setting forth any interest they have in this property. The answer must be filed in the office of the Richland County Clerk of Courts, and a copy must be served on the Richland County Prosecutor on or before October 14, 2015.
If The Unknown Heirs, Executors, Assigns and Administrators of the Estate of Ruth A. Pinkston, and The Unknown Spouse of Ruth A. Pinkston, if any, fail to appear in this action and defend themselves a Default Judgment will be taken against them for the relief demanded in the complaint.
Michael C. Bear
Assistant Prosecuting Attorney
08/29/15, 09/05/15, 09/12/15



ORDINANCE NO. 26-2015
(Sponsor: Councilmember Gates)

VACATING AN ALLEY RUNNING PERPENDICULAR FROM SECOND STREET BETWEEN LOTS 520 AND 521 IN THE CITY OF SHELBY, OHIO.
WHEREAS, on the 1st day of June, 2015, the Council of the City of Shelby adopted Resolution No. 23-2015 and in so doing declared its intent to vacate an alley running perpendicular of Second Street within the City of Shelby, Ohio; and
WHEREAS, notice of adoption of the above Resolution has been provided to the owners of property abutting said alley thereby notifying said property owners of the time and place at which objections could be presented to the Board of Revision of Assessments (pursuant to Section 105 of the Charter of the City of Shelby); and
WHEREAS, the Board of Revision of Assessments met on June 16, 2005; (said meeting procedure being in accordance with provisions of Section 105 of the charter of the City of Shelby) and voted to approve and recommend the vacation of an alley running perpendicular of Second Street between lots 520 and 521 within the City of Shelby, Ohio; and
WHEREAS, the Council of the City of Shelby is satisfied that there is good cause for vacating said alley which is hereinafter described and that said vacation will not be detrimental to the general interest and public welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SHELBY, OHIO, A MAJORITY ELECTED THERETO CONCURRING:

Section 1: That an alley running perpendicular of Second Street within the City of Shelby, Ohio and as set forth in the legal description as prepared by F.E. Krocka & Associates, Inc.- Raymond G. Lenczowski, registered surveyor, on January 18, 2013 and designated as the plat of vacation of a 16-foot alley adjacent to Lots 520 & 521, Richland County Recorder Plat Volume 2#3, Page 15 of the records of the City of Shelby, Richland County, Ohio is hereby vacated.

Section 2: That in accordance with Section 105 of the Charter of the City of Shelby, Ohio, the City shall retain any and all easements necessary for the maintenance of utilities currently located within said alley

Section 3: That all meetings and hearings concerning the adoption of this Ordinance have been in compliance with Codified Ordinance 220.01. Ohio Revised Code Section 121.22, and the Charter of the City of Shelby, Ohio.

Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval by the Mayor, and the earliest period allowed by law.
PASSED: August 17, 2015
Steven McLaughlin,
Vice President of Council
ATTEST: Steven T. Lifer
Clerk of Council
APPROVED: Steven L. Schag Mayor
Prepared by:
Gordon M. Eyster Director of Law
08/29/15




ORDINANCE NO. 31-2015
(Sponsors - Councilmembers Martin and Carlisle)

AMENDING SECTION 1050.02 (RATES AND CHARGES FOR SERVICE)

WHEREAS, from time to time, it is necessary, due to an adequate electric fund balance, to forego rate changes necessitated by 1050.02 (b)(2); and

WHEREAS, it is in the interest of the public health, safety, morals, and general welfare of the citizens of the City of Shelby that the Council of the City of Shelby declare that it is necessary to amend the section to give authority to Council to allow for exceptions.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SHELBY, OHIO, A MAJORITY ELECTED THERETO CONCURRING:

Section 1: That Section 1050.02 of the Codified Ordinances of the City of Shelby be amended to read as follows:

1050.02 RATES AND CHARGES FOR SERVICE

(2) Determination of fuel and purchased power charge. The Fuel and Purchased Power Charge shall be derived every three months, except in the case that Council authorize the Mayor by resolution to not apply a change to the current rates, by dividing (1) the past 12 months' cost of fuel and purchased power, including the cost associated with transmission-related services (hereinafter referred to as "previous 12 months' cost", by (2) the sum of the past 12 months' net kilowatt hours generated and purchased multiplied by 0.94 (hereinafter referred to as "previous 12 months' net kWh").


Section 3: That all meetings and hearings concerning the adoption of this Ordinance have been in compliance with Codified Ordinance 220.01, Ohio Revised Code Section 121.22, and the Charter of the City of Shelby, Ohio.

Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval by the Mayor, and the earliest period allowed by law.

PASSED: August 17, 2015
Steven McLaughlin,
Vice President of Council
ATTEST: Steven T. Lifer
Clerk of Council
APPROVED:
Steven L. Schag Mayor
Prepared by:
Gordon M. Eyster Director of Law
08/29/15