Record of Ordinances
Ordinance No.: 2002-04
Passed: Jan.28, 2002
AN ORDINANCE AUTHORIZING THE MAINTENANCE
BY THE VILLAGE OF WEST LAFAYETTE, OHIO, OF CERTAIN SECTIONS
OF THE LAFAYETTE TOWNSHIP ROAD KNOWN AS JOHNSON ROAD LOCATED
WITHOUT THE VILLAGE OF WEST LAFAYETTE, AND DECLARING AN EMERGENCY
Whereas there is pending a proposed annexation of certain properties
in the neighborhood of Johnson Road, a.k.a. Lafayette Township
Road 156, pursuant to a petition filed by the Agent for the
Petitioners, Thomas B. Lahna, with the Board of Commissioners
of Coshocton County, Ohio;
Whereas in the hearing on the proposed annexation held on January
7, 2002, at 9:00 a.m. in the offices of the Commissioners of
Coshocton County, Ohio, a request was made that that two parcels
of land listed on the original plat
as being that of M. A. Brown (O.R. 40/75) and as being that
of K. L. Nolan (O.R. 109/351) be dropped from the proposed annexation;
Whereas, removing those parcels from the proposed annexation
pursuant to a proposed amended plat of annexation would leave
that portion of Johnson Road lying on the West side of the centerline
thereof and running from the southern boundary of the property
listed on the proposed amended plat as being that of M. A.
Brown (O.R. 40/75) to the northern boundary of the property
listed on the proposed amended plat as being that of K. L. Nolan
(O.R. 109/351) and being only 291.88 feet in length and 16.50
feet wide within Lafayette Township but completely bounded by
roadway of the Village of West Lafayette, County of Coshocton,
State of Ohio, if the request for amending the plat is granted;
Whereas, there are certain concerns on the part of various
parties including Lafayette Township, the Board of Commissioners
of Coshocton County, Ohio, and the Village of West Lafayette,
Ohio, concerning the maintenance of that portion of Johnson
Road lying on the West side of the centerline thereof and running
from the southern boundary of the property listed on the proposed
amended plat as being that of M. A. Brown (O.R. 40/75) to the
northern boundary of the property listed on the proposed amended
plat as being that of K. L. Nolan (O.R. 109/351);
Whereas, Ohio Revised Code § 5535.08 - Maintenance of all roads,
provides in pertinent part that:
(C)(1) In nonemergency situations, any political subdivision
having authority to construct, reconstruct, resurface, improve,
repair, and maintain roads or streets may enter into an agreement,
under terms agreeable to all parties, with any other political
subdivision having that authority to obtain or provide road
or street construction, reconstruction, resurfacing, improvement,
repair, or maintenance services.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF WEST LAFAYETTE, STATE OF OHIO, as follows:
1. The Village of West Lafayette, State of Ohio, herewith
shall agree to repair and maintain and service that portion
of Johnson Road lying on the West side of the centerline thereof
and running from the southern boundary of the property listed
on the proposed amended plat as being that of M. A. Brown (O.R.
40/75) to the northern boundary of the property listed on the
proposed amended plat as being that of K. L. Nolan (O.R. 109/351)
and being only 291.88 feet in length and 16.50 feet wide within
Lafayette Township, County of Coshocton, State of Ohio, in the
same manner as said Village will repair, maintain, and service
the remaining portion of Johnson Road lying within the proposed
amended plat for annexation of certain properties within the
vicinity of Johnson Road;
2. The Village of West Lafayette, State of Ohio, shall
perform the above obligations without charge to Lafayette Township,
County of Coshocton, State of Ohio;
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 said annexation becomes fully effective, but
not otherwise;
4. The Clerk-Treasurer, the Village Administrator,
and all other officers and employees of the Village of West
Lafayette, Ohio, shall authorize and execute an agreement with
the Board of Trustees of Lafayette Township, County of Coshocton,
State of Ohio, incorporating these terms;
5. This ordinance shall be an emergency measure, the
emergency being the need to present the agreement 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 maintenance
and repair of said isolated strip of Johnson Road in the event
annexation is granted, so as 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-86044.025
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 |
