ORDINANCE 2017-12

ORDINANCE NUMBER 2017-12      

AN ORDINANCE APPROVING THE GRANTING AND TERMS OF A WATER DISCHARGE PIPELINE EASEMENT FROM THE VILLAGE OF APPLE CREEK TO ANTHONY R. SHINN AND MISTY D. SHINN, AUTHORIZING THE MAYOR TO EXECUTE SAID EASEMENT, AND DECLARING AN EMERGENCY.

WHEREAS, Anthony R. Shinn and Misty D. Shinn are constructing a house which requires a sump pump water discharge line due to excessive drainage issues; and

WHEREAS, in the interests of public health and safety the Wayne County Soil and Water Conservation District recommends said discharge line traverse village owned property and discharge into a creek tributary on the village’s property; and

WHEREAS, the Village of Apple Creek agrees to permit construction of a sump pump water discharge pipeline easement in accordance with the terms and conditions of that easement attached hereto as Exhibit “A”;

NOW THEREFORE, BE IT RESOLVED by the Council of the Village of Apple Creek, Ohio, that:

SECTION ONE:

The terms, conditions and content of that water discharge pipeline easement for sump pump discharge purposes attached hereto as Exhibit “A” are approved by Village Council.

SECTION TWO:

The Mayor is hereby authorized to execute said easement on behalf of the Village of Apple Creek.

SECTION THREE:

This Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately from and after its passage.  The reason for the emergency lies in the fact that this Ordinance is necessary for the immediate preservation of public health, safety and welfare.

SECTION FOUR:

All prior Ordinances which conflict with the provisions of this Ordinance are hereby repealed to the extent that they are in conflict herewith.

SECTION FIVE:

If any provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions are severable.

Passed: June 19, 2017

 

 

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