Record of Ordinances
Ordinance No.: 2002-03
Passed: Jan. 28, 2002
AN ORDINANCE EXPRESSING THE WILLINGNESS OF
THE COUNCIL OF THE VILLAGE OF WEST LAFAYETTE TO VACATE A CERTAIN
PORTION OF TWP. RD. 1077, AND DECLARING AN EMERGENCY
Whereas there is pending a proposed annexation of certain properties
in the neighborhood of Kirk Street, a.k.a. State Route 93, to
the North of the Village of West Lafayette, County of Coshocton,
State of Ohio, pursuant to a petition filed by the Agent for
the Petitioners, John Dotson, with the Board of Commissioners
of Coshocton County, Ohio;
Whereas in the hearing on the proposed annexation held on January
16, 2002, at 9:00 a.m. in the offices of the Commissioners of
Coshocton County, Ohio, concerns were expressed by Allen McCormick
and Michael Householder concerning a certain portion of Twp.
Rd. 1077 located within the proposed area of annexation as shown
on the plat, because they understand said portion of Twp. Rd.
1077 has purportedly never been used and they desire to have
vacated said portion of Twp. Rd. 1077;
Whereas, the Council of the Village of West Lafayette, State
of Ohio is eager to allay their concerns in this regard and
to avoid possible litigation;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF WEST LAFAYETTE, STATE OF OHIO, as follows:
1. The Council of the Village of West Lafayette, State
of Ohio, herewith agrees that it will approve the vacation of
said section of Twp. Rd. 1077 running north along the east line
of the property shown on the proposed plat for annexation as
belonging to Allen & Dixie McCormick, O.R. 79/1068 &
O.R. 150/1905, to the extent allowed by law;
2. This agreement is subject to the presentation of
a proper petition and documentation for vacation of the above
described roadway, as required by State law by the parties in
interest at the time of the presentation of the petition, within
one year after the proposed annexation has been fully implemented
as required by law;
3. This agreement shall be in full force and effect
in the event that the Board of Commissioners of Coshocton County,
Ohio shall grant the annexation as described in the proposed
amended plat and in the event said annexation shall be fully
implemented as required by law, and without litigation, but
not otherwise;
4. The Village of West Lafayette, State of Ohio, shall
assume no further responsibility on this agreement if outside
parties shall contest the vacation of said portion of Twp. Rd.
1077 by court action, appeals, lawsuits, or other legal means;
5. This ordinance shall be an emergency measure, the
emergency being the need to present the agreement in a timely
manner to the Board of Commissioners of Coshocton County, Ohio,
for their consideration and review during the pendency of the
decision on the Petition for Annexation, so as to supply proper
and efficient municipal services to the prospective area described
in the petition for annexation, in order to protect the lives
and property of residents and prospective residents of the Village
of West Lafayette, Ohio, and this ordinance shall therefore
take effect immediately upon passage by Council.
Passed in Council this 28th day of January, 2002.
____________________________
Jack L. Patterson, Mayor
Attest:
___________________________
Bruce E. Fouch
Clerk-Treasurer
Approved as to form:
___________________________
R. Q. Baker, III
Village Solicitor
Village of West Lafayette, Ohio
DC\WL-86044.024
I, Bruce E. Fouch, Clerk of the Village of West Lafayette,
Ohio, do hereby certify that the foregoing is taken and copied
from the
Records of Proceedings of said Council meeting; that
the same has been compared by me with the Ordinance / Resolution
on said
record and that it is a true and correct copy therefore.
Witness my Signature this _____ day of ____________
2002.
____________________________
Bruce E. Fouch, Clerk |
