Meeting ID: Password:

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1 Coronavirus (COVID-19)

In response to the current national state of emergency, the City of Marysville is taking every

possible precaution to protect the health and safety of its residents and employees. This Council

Meeting is open to the public via Zoom. Interested parties may attend this Meeting at

https://zoom.us/j/96831205679? or join via teleconference by calling 877-853-5257 US

Toll-free.

Meeting ID: 968 3120 5679 Password: 003164

CITY COUNCIL

AGENDA FOR MEETING OF MAY 26, 2020 at 7:00 P.M. CALL TO ORDER:

PLEDGE OF ALLEGIANCE: INVOCATION:

ROLL CALL:

APPROVAL OF MINUTES: May 11, 2020 Minutes ADMINISTRATIVE REPORT:

REPORT OF CLERK OF COUNCIL: DESIGN REVIEW BOARD REPORT: PLANNING COMMISSION REPORT:

PUBLIC SAFETY/SERVICE COMMITTEE REPORT: FINANCE COMMITTEE REPORT:

PARKS & RECREATION REPORT: HEARING OF CITIZENS:

RESOLUTIONS:

2nd_{Reading TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT WITH} Public Hearing THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION TO PURCHASE THE PARCEL OF PROPERTY

LOCATED AT 400 S. CHESTNUT STREET PURSUANT TO OHIO REVISED CODE 5501.45 ORDINANCES:

1st_{Reading TO AUTHORIZE SUPPLEMENTAL APPROPRIATION FOR THE WATER REPLACEMENT AND}

Title Only IMPROVEMENT FUND (FUND 551) FOR THE EAST 6TH_{STREET WATER LINE REPLACEMENT AND}

MODIFY THE 2020 ANNUAL BUDGET

1st_{Reading TO AUTHORIZE TRANSFER OF APPROPRIATIONS WITHIN THE STREET MAINTENANCE FUND}

Title Only (FUND 225) FOR CONTRACTOR WORK ON THE STREETS GARAGE AND MODIFY THE 2020 ANNUAL BUDGET

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2nd _{Reading TO AUTHORIZE THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $2,435,000 IN} Public Hearing ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF (I) DESIGNING, ENGINEERING,

AND CONSTRUCTING VARIOUS STREET IMPROVEMENT PROJECTS, WITH SITE AND CURB IMPROVEMENTS RELATING THERETO, (II) CONSTRUCTING VARIOUS IMPROVEMENTS TO PARKS AND RECREATION FACILITIES, WITH RELATED SITE IMPROVEMENTS AND APPURTENANCES THERETO, (III) CONSTRUCTING AND IMPROVING VARIOUS STREET RESURFACING AND PAVING PROJECTS THROUGHOUT THE CITY, (IV) PAYING COSTS ASSOCIATED WITH DESIGNING, CONSTRUCTING, FURNISHING, AND EQUIPPING A NEW FIRE STATION, WITH RELATED SITE

IMPROVEMENTS AND APPURTENANCES THERETO AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE; AND TO AUTHORIZE AND APPROVE RELATED MATTERS

2nd_{Reading TO AUTHORIZE SUPPLEMENTAL APPROPRIATION FOR THE PARKLAND DEVELOPMENT FUND} Public Hearing (FUND 410) AND MODIFY THE 2020 ANNUAL BUDGET

2nd_{Reading TO ACCEPT THE DEDICATION OF THE JEROME GRAND SUBDIVISION PUBLIC INFRASTRUCTURE} Public Hearing

3rd_{Reading TO LEVY AN ADDITIONAL FIVE DOLLAR ($5.00) MOTOR VEHICLE LICENSE TAX FOR THE CITY OF}

Title Only MARYSVILLE, OHIO PURSUANT TO SECTION 4504.06 OF THE OHIO REVISED CODE

3rd_{Reading TO LEVY AN ADDITIONAL FIVE DOLLAR ($5.00) MOTOR VEHICLE LICENSE TAX FOR THE CITY OF}

Title Only MARYSVILLE, OHIO PURSUANT TO SECTION 4504.172 OF THE OHIO REVISED CODE COMMENTS OF THE CITY MANAGER AND COUNCIL PERSONS AND GENERAL DISCUSSION:

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CITY COUNCIL MINUTES May 11, 2020

Participation available via https://zoom.us/ and 877-853-5257 Using meeting ID 995 2052 0682 Password 513040 The meeting was called to order by Mayor Berbee at 7:00 p.m.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Berbee. INVOCATION: The Invocation was given by Mayor Berbee.

COUNCIL MEMBERS PRESENT:

Alan Seymour, Deborah Groat, Donald Boerger, Henk Berbee, J. R. Rausch, Mark Reams, and Aaron J. Carpenter.

OTHERS PRESENT: City Manager Terry Emery, Law Director Tim Aslaner, Finance Director Brad Lutz, Police Chief Floyd Golden, Fire Chief Jay Riley, Public Service Director Mike Andrako, City Engineer Jeremy Hoyt, Zoning Administrator Ron Todd, Project Manager Marc Dilsaver, City Planner Ashley Gaver, IT Director Aaron Story, Economic Development Director Eric Phillips, Journal Tribune Mac Cordell, Jermaine Ferguson, Dean Cook, Dave Cook, Joe Nelson, Anthony Will, Meg Michel, Myra Scheurer, Dan Fitzgerald, 614-230-9445, Dawn Burns, Diana Hales, Galaxy S9, Linda Mapes, James Frederick, Tim Herrington, Trudy Kilfian, Scott Hamilton, Jeffrey Graves, and Tyler Hall.

APPROVAL OF MINUTES:

Councilman Seymour moved to approve the April 27, 2020 Council Meeting minutes as presented; affirmative voice vote was unanimous.

Councilwoman Groat moved to approve the May 4, 2020 Council Work Session minutes as presented; affirmative voice vote was unanimous.

ADMINISTRATIVE REPORT:

City Manager Emery reported the following:

He was pleased to report Peterson Construction was the prevailing bidder on the Water Plant Project that went out to bid. The bid was significantly under the anticipated budget and they expected to meet the project timeline.

Prompted by Councilman Rausch’s inquiry, there were no Council objections to Administration looking into allowing MORAs (Marysville Outdoor Refreshment Area) outside the typical Uptown Friday Night schedule, in order to encourage people to move around the Uptown Community.

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REPORT OF CLERK OF COUNCIL: None

ECONOMIC DEVELOPMENT REPORT:

Economic Development Director Phillips reported the following:

They continue to have weekly Leadership Meetings, Bank/Financial Institution calls on Tuesdays, and Business Resource Calls on Wednesdays. Director Phillips also gave detailed information on the 3R Small Business Relief Grant Program.

HEARING OF CITIZENS: None

RESOLUTIONS:

1st_Reading _{TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A REAL ESTATE PURCHASE}

Title Only CONTRACT WITH THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION TO PURCHASE THE PARCEL OF PROPERTY LOCATED AT 400 S. CHESTNUT STREET PURSUANT TO OHIO REVISED CODE 5501.45

Administration: Mr. Andrako explained this legislation was in relation to the old ODOT facility which the City was already leasing.

Council: Council asked questions regarding the timeline as well as specific property maintenance and use.

This will be back for second reading, public hearing on Tuesday May 26, 2020.

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ORDINANCES:

1st_{Reading TO AUTHORIZE THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED}

Title Only $2,435,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF (I) DESIGNING, ENGINEERING, AND CONSTRUCTING VARIOUS STREET

IMPROVEMENT PROJECTS, WITH SITE AND CURB IMPROVEMENTS RELATING THERETO, (ii) CONSTRUCTING VARIOUS IMPROVEMENTS TO PARKS AND RECREATION FACILITIES, WITH RELATED SITE IMPROVEMENTS AND

APPURTENANCES THERETO, (III) CONSTRUCTING AND IMPROVING VARIOUS STREET RESURFACING AND PAVING PROJECTS THROUGHOUT THE CITY, (IV) ACQUIRING VARIOUS FIVER, POLICE AND EMS EQUIPMENT, WITH RELATED IMPROVEMENTS AND APPURTENANCES, (V) ACQUIRING, DEVELOPING DESIGNING, IMPROVING AND INSTALLING INFORMATION SYSTEMS AND RELATED IN FORMATION TECHNOLOGY, AND (VI) PAYING COSTS ASSOCIATED WITH DESIGNING, CONSTRUCTING FURNISHING, AND EQUIPPING A NEW FIRE STATION, WITH RELATED SITE IMPROVEMENTS AND APPURTENANCES THERETO; AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE; AND TO

AUTHORIZE AND APPROVE RELATED MATTERS

Administration: Director Lutz explained this legislation was simply to renew the BANS for the following year.

Council:

Back for second reading, public hearing on Tuesday, May 26, 2020. 1st_{Reading TO AUTHORIZE SUPPLEMENTAL APPROPRIATION FOR THE PARKLAND}

Title Only DEVELOPMENT FUND (FUND 410) AND MODIFY THE 2020 ANNUAL BUDGET

Administration: Director Andrako stated this legislation allowed for the replacement of playground equipment that was reaching the end of its useful life. He confirmed the funds in this account were only allowed to be used for parkland development. Council: Councilman Carpenter expressed support of the legislation. Councilman Boerger stated he would like to see more park space in the future and the costs and benefits of this were discussed. Mrs. Groat asked if waiving third reading would be beneficial and Director Andrako confirmed it would be helpful. Mayor Berbee asked that the motion to waive third reading be considered at the May 26th_meeting.

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1st_{Reading TO ACCEPT THE DEDICATION OF THE JEROME GRAND SUBDIVISION PUBLIC}

Title Only INFRASTRUCTURE

Administration: Project Manager Dilsaver explained this was a typical infrastructure acceptance.

Council: Councilman Seymour confirmed the Public Safety/Service Committee was in support of this legislation.

Back for second reading, public hearing on Tuesday, May 26, 2020.

2nd_{Reading TO LEVY AN ADDITIONAL FIVE DOLLAR ($5.00) MOTOR VEHICLE LICENSE TAX FOR} Public Hearing THE CITY OF MARYSVILLE, OHIO PURSUANT TO SECTION 4504.06 OF THE OHIO

REVISED CODE

Administration: City Manager Emery said he knew this legislation had been talked about since last fall however he understood the sensitivity of the current COVID pandemic so he assured Council he would support their decision.

Council: Councilman Carpenter thanked the Marysville Journal Tribune for their recent article regarding the legislation. He was very vocal, stating that even discussing the motor vehicle license tax at this time was irresponsible and insensitive.

Councilman Carpenter stated that he understood the need for the tax, rather the legislation should not be passed at this time. He further expressed disappointment that the City wasn’t stepping up to give citizens relief. City Manager Emery

responded, reiterating that the City was adjusting grant funds to assist local businesses. Councilman Reams further reminded all that the City had pushed back the Income Tax return date and had stopped utility disconnects to assist citizens. Councilman Seymour noted that citizens who had lived in Marysville prior to the increase in income taxes (although the City was still one of the lowest in Ohio) had seen very noticeable improvements, as the City spends money very wisely. He believed these additional funds would only improve the road and street paving program which would benefit citizens on multiple levels. Councilman Boerger noted the improvement he’d seen in his Ward due to implementation of the paving

program. He believed residents would understand why the legislation was needed, in order to fund the paving program. He also noted that City growth made alternate funding sources necessary, as they would no longer be eligible for certain grants previously available.

Citizens:

Jermaine Ferguson implored Council to delay the enactment date to 2022. He stated citizens would already have an increase in taxation in 2021 due to gas tax and other vehicle license taxes, and although these increase were not enacted by City, he asked Council to show sensitivity to citizens by delaying this date. Mr. Ferguson also

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cautioned Council regarding statements about the 2020 Census, as he felt mixed signals were being conveyed.

Meg Michel believed moths citizens would prefer cost savings on monthly expenses rather than a once a year savings. She stated overall, the fee was not much overall for the benefit citizens would receive.

Diana Hales disagreed with Ms. Michel, stating that vehicle registration was already much more expensive in Ohio (noting her $26.50 per vehicle charge in Tennessee). Councilman Reams moved to amend legislation by changing “2021” in Section IV to “2022”, and the question put stood:

Mr. Boerger YES; Mr. Berbee YES; Mr. Rausch YES; Mr. Reams YES; Mr. Carpenter YES; Mr. Seymour YES; Mrs. Groat YES.

Motion Carried; Vote 7-0

2nd_Reading _{TO LEVY AN ADDITIONAL FIVE DOLLAR ($5.00) MOTOR VEHICLE} Public Hearing LICENSE TAX FORTHE CITY OF MARYSVILLE, OHIO PURSUANT TO

SECTION 4504.06 OF THE OHIO REVISED CODE Administration:

Council:

Citizens: Jermaine Ferguson thanked Council for their sensitivity, he understood the need to invest in the roads, he thanked them for allowing citizens to get used to other financial increases due to the economic crisis due to the health crisis.

Back for third reading, title only on Tuesday, May 26, 2020. 2nd_{Reading TO LEVY AN ADDITIONAL FIVE DOLLAR ($5.00) MOTOR VEHICLE LICENSE TAX FOR} Public Hearing THE CITY OF MARYSVILLE, OHIO PURSUANT TO SECTION 4504.172 OF THE OHIO

REVISED CODE Administration:

Council: Mayor Berbee stated this legislation stated this tax would be effective in 2022.

Citizens:

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2nd_{Reading TO REZONE PARCEL NO. 2900191410000 TOTALING 18.393 ACRES, MORE OR} Public Hearing LESS, FROM TRAFFIC ORIENTED COMMERCIAL (TOC) TO AGRICULTURAL

RESIDENTIAL DISTRICT (A-R) ON PROPERTY LOCATED AT THE CORNER OF PAYNE ROAD AND SR 4/36

Administration: On behalf of the applicant, Ms. Michel explained that this rezoning request occurred because the City’s Zoning Code overhaul had not taken place. Because of this, the applicants had gone before the Planning Commission and paid a fee to apply for a rezoning. For this reason, she asked Council to waive third reading. Council: Mr. Seymour agreed with Ms. Michel’s comment, stating he believed this rezoning was an appropriate use of the land.

Citizens:

Councilwoman Groat moved to waive third reading and the question put, stood: Mr. Berbee YES; Mr. Rausch YES; Mr. Reams YES; Mr. Carpenter YES; Mr. Seymour YES; Mrs. Groat YES; Mr. Boerger YES.

Motion Carried; Vote 7-0

Councilwoman Groat moved to pass the legislation and the question put, stood: Mr. Rausch YES; Mr. Reams YES; Mr. Carpenter YES; Mr. Seymour YES; Mrs. Groat YES; Mr. Boerger YES; Mr. Berbee YES.

Legislation Passed; Vote 7-0

2nd_{Reading TO APPROVE A PLANNED UNIT DEVELOPMENT (PUD) APPLICATION TO REVISE} Public Hearing THE PUD ZONING CODE WITHIN ‘SUB-AREA E’ OF PARCEL NO. 2900090015000

OF THE EXISTING COOKS POINTE PUD

Administration: On behalf of the applicant, Anthony Will informed Council that his client and the adjacent landowner had come to a written, executed agreement that he believed satisfied the objectives of both. He also stated his clients would like to move forward as soon as possible.

Council: Councilman Seymour agreed with Mr. Will and commended all involved for compromising. He was pleased to report the developer had gone the extra mile and the neighbor was pleased with the results. Per Mayor Berbee’s request, Law Director Aslaner reviewed zoning request requirements per City Code.

Citizens:

Councilman Rausch moved to waive third reading and the question put, stood: Mr. Reams YES; Mr. Carpenter YES; Mr. Seymour YES; Mrs. Groat YES; Mr. Boerger YES; Mr. Berbee YES; Mr. Rausch YES.

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Councilman Rausch moved to pass the legislation and the question put, stood: Mr. Carpenter YES; Mr. Seymour YES; Mrs. Groat YES; Mr. Boerger YES; Mr. Berbee YES; Mr. Rausch YES; Mr. Reams YES.

3rd_{Reading TO ACCEPT THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 10.103}

Title Only ACRES IN PARIS TOWNSHIP, UNION COUNTY TO THE CITY OF MARYSVILLE, OHIO Administration:

Council:

Councilwoman Groat moved to pass the legislation and the question put, stood: Mr. Seymour YES; Mrs. Groat YES; Mr. Boerger YES; Mr. Berbee YES; Mr. Rausch YES; Mr. Reams YES; Mr. Carpenter YES.

3rd_{Reading TO AUTHORIZE SUPPLEMENTAL APPROPRIATION FOR THE CHIP GRANT FUND}

Title Only (FUND 275) AND MODIFY THE 2020 ANNUAL BUDGET Administration:

Council:

Councilman Reams moved to pass the legislation and the question put, stood: Mrs. Groat YES; Mr. Boerger YES; Mr. Berbee YES; Mr. Rausch YES; Mr. Reams YES; Mr. Carpenter YES; Mr. Seymour YES.

COMMENTS OF THE CITY MANAGER AND COUNCIL PERSONS AND GENERAL DISCUSSION:

Please note these minutes will be completed and sent to Council for Review by 5/22/20.

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Terry Emery

RESOLUTION _______

TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT WITH THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION TO PURCHASE THE PARCEL OF PROPERTY

LOCATED AT 400 S. CHESTNUT STREET PURSUANT TO OHIO REVISED CODE 5501.45

WHEREAS, the City of Marysville currently leases from the State of Ohio Department of Transportation a certain parcel of approximately 5.88 acres with building and improvements located at 500 S. Chestnut Street, Marysville, Ohio 43040, identified as Union County Auditor Parcel #2900031180000; and

WHEREAS, said property provides necessary space for the maintenance and operation of the City of Marysville and it provides accommodation for the Streets Division, which frees up space for the Parks & Grounds Division and Water Division at the current Maintenance

Operations Center on Maple Street; and

WHEREAS, the aforementioned Chestnut Street property further provides ample

equipment and storage space which will free up for use other buildings throughout the City; and WHEREAS, the property has been appraised for $575,000; and

WHEREAS, the City of Marysville desires to purchase said property from the State of Ohio Department of Transportation for said price, and the Purchase Contract is attached and incorporated hereto as Exhibit A, now therefore;

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MARYSVILLE, OHIO, That:

SECTION I. The City Manager of the City of Marysville is authorized to sign and execute on behalf of the City of Marysville the attached Purchase Contract for Property Sold Pursuant to R.C. 5501.45. 1st Reading ___________________ _________________________________ MAYOR/PRESIDENT OF COUNCIL 2nd Reading ___________________ 3rd Reading ___________________ ATTEST: Passed: _______________________ _______________________________________

APPROVED AS TO FORM: CLERK OF COUNCIL

___________________________________ Law Director Date ____________

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Page 1 of 5 RE 74-05G

Rev. 03-23-2018

STATE OF OHIO

DEPARTMENT OF TRANSPORTATION

PURCHASE CONTRACT FOR PROPERTY SOLD PURSUANT TO R.C. 5501.45 ODOT Agreement No. 2020-2 County: Union

Angela Jacobs Route: N/A

Property Manager for ODOT

400 E William St Section: N/A

Delaware, Ohio

43015 Parcel(s):2900031180000

740-833-8287

ODOT Address and Phone Number

City of Marysville State Job No.: 06999(4)

Attn: Mike Andrako

937-645-7357 PID: 110897

Grantee(s) Name and Phone Number

209 S Main St Grantee: Site or P.M.: Site

Marysville, Ohio

43040 Parcel Size: Acres 5.88 Square Feet

Grantee(s) Address 400 S Chestnut St Marysville, Ohio 43040

Location of State Owned Property: See Exhibit A

This Agreement, entered into as of the last date signed by either of the parties, by and between the State of Ohio, by and through its Director of Transportation or said Director’s duly authorized representative [“Grantor”] and City of Marysville [“Grantee”]; and

WHEREAS, Grantor owns a certain parcel of approximately 5.88 acres of land with buildings and improvements located at 400 S. Chestnut Street, Marysville, OH 43040, that is identified as Union County Auditor’s Parcel No. 290031180000 and is more particularly described in Exhibit A attached hereto [“Subject Property”]; that has been used as the Union County Highway Maintenance Garage; and

WHEREAS, in accordance with section 5501.45 of the Ohio Revised Code, Grantor, after consultation with the Ohio Director of Natural Resources, the Director has determined that with the development and opening of a new Union County state highway maintenance garage facility, this Subject Property is not needed for state highway, state highway maintenance garage or recreational purposes and may be disposed of; and

WHEREAS, Grantor and Grantee have agreed that it is in the public interest for Grantor to sell and convey to Grantee the Subject Property; and

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WHEREAS, the Grantee is a political subdivision of the State of Ohio such that under R.C. 5501.45(E), Grantor may convey the Subject Property upon such consideration as the Director of Transportation determines to be fair and reasonable, without competitive bidding; and

WHEREAS, Grantor has obtained an appraisal of the Subject Property and Grantor and Grantee have agreed that the sum of $575,000.00 is the fair and reasonable amount of consideration to be paid for the conveyance of the Subject Property to Grantee; and.

WHEREAS, Grantor has provided to Grantee copies of any relevant studies, reports and communications about the environmental conditions of the Subject Property and is selling and will convey the Subject Property in an AS-IS, WHERE-IS condition, WITH ALL FAULTS; and

WHEREAS, Grantee is presently occupying and using the Subject Property under a lease entered between the parties on or about February 10, 2020, the term of which extends to January 31, 2021, or until a Director’s Deed is delivered to Grantee in fulfillment of this purchase and sale contract.

NOW THEREFORE, in consideration of the foregoing and the further consideration of the promises, agreements and covenants hereinafter contained, Grantor and Grantee hereby contract as follows:

1. Grantee will pay to Grantor the sum of $575,000 [“Total Purchase Price”] payable as follows (a) $287,500 [“Down Payment”] no later than July 15, 2020; and (b) the remaining balance of $287,500 at the time of closing on this Agreement as identified in Section 5 of this Agreement. If Grantee fails to pay the Balance Due as provided herein, then the Down Payment will be retained by Grantor as liquidated damages and not as a penalty to cover the costs and expenses of associated with having the Subject Property reappraised and advertised for a future sale of the Subject Property to someone other than Grantee.

2. Grantee will not under any circumstances advertise, or agree to sell or otherwise alienate the Subject Property, or any portion thereof, to any third party until after the Director's Deed contemplated by this Agreement has been delivered to Grantee. If Grantee fails to abide with the terms of this section, then, at its exclusive option, Grantor may declare the Down Payment forfeited and cancel the within contemplated sale and conveyance to Grantee.

3. Grantee will assume and pay all taxes, assessments and penalties that might be due and payable on said property as of the date of the closing and consummation of this Agreement, and Grantee will be exclusively responsible for any and all taxes, assessments and penalties subsequently assessed and accrued. The parties understand that the Subject Property has been exempt from real estate taxes as owned by the State of Ohio.

4. Grantor, upon fulfillment of all the obligations and terms of this Agreement, will convey the Subject Property to the Grantee. The conveyance instrument will be a Director’s Deed that quit-claims all the rights, titles and interests of the State of Ohio Said Director’s Deed will be delivered to Grantee at the time of consummation and closing of this Agreement, at which time Grantee will pay to Grantor the Balance Due as described in § 1 above.

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5. The consummation and closing of this Agreement will occur at such time and place as the parties may agree, but not later April 30, 2021. If Grantee is prepared to close at an earlier date, Grantee shall notify Grantor to arrange a mutually agreeable time to close.

6. The parties acknowledge that Grantee has been in possession, use and occupancy of the Subject Property under a lease entered between the parties on February 10, 2020, and all of the terms and conditions of that lease will remain in full force and effect during the pendency of this sale transaction until closing and delivery of the Director’s Deed.

7. In addition to insurance requirements under the existing lease, Grantee shall secure the value of the buildings and improvements on the Subject Property by obtaining at its sole cost property insurance against damage or destruction by fire, calamity, flood, negligence or otherwise, naming Grantor, State of Ohio, Department of Transportation as an additional insured, and provide proof of such insurance coverage within fifteen days of acceptance and signing of this Agreement. Such insurance shall be maintained until the date of transfer of title. In the event that Grantee does not timely maintain payments of the premiums for such property insurance and Grantor is notified, Grantor will send notice to Grantee to make such payment. If Grantee were to fail to pay the premium or installment of the same, Grantor may advance such payment, but will invoice the Grantee for reimbursement.

In the event that all or a portion of the improvement on the Subject Property is damaged or destroyed by fire or other cause between the date on which this Agreement is executed by the parties and the date of closing then Grantee shall have any necessary repairs or replacement made using the benefits of such insurance policy (ies) and the parties shall proceed under this Contract towards consummation and closing. Should Grantee not obtain such property insurance, then it will continue to occupy and use the Subject Property at its own risk of loss and this sale shall proceed to closing and consummation, unless otherwise agreed to in writing between the parties. 8. Grantor is conveying the Subject Property in an AS-IS, WHERE-IS condition, WITH ALL FAULTS, including all defects, known or unknown; provided, however Grantor (without a duty to inspect and discover) shall disclose to Grantee any and all defects or faults known to Grantor. Both Grantor and Grantee are acting at arm’s length to protect their own interests, and Grantee has and will use its own independent judgment concerning the sale and purchase of the Subject Property. Grantor does not make to Grantee, and Grantor expressly disclaims, any representations, warranties and/or guarantees, express or implied, oral or written, of any kind whatsoever as to the Subject Property, including but not limited to any warranties of title.

9. Grantee assumes all environmental liability and responsibility with respect to the land and its improvements.

10. The GPS CORS station that is located on the South side of the facility will remain ODOT’s property and will be maintained by ODOT per the License Agreement between ODOT and the City of Marysville dated February 10, 2020.

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11. This Agreement will be a valid and binding contract for sale and purchase of the Subject Property at such time as it is fully executed by both Grantor and Grantee.

12. Any and all of the terms, conditions and provisions of this Agreement shall be binding upon and shall inure to the benefit of Seller and Purchaser and their respective heirs, executors, administrators, successors and assigns.

13. This Agreement will be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute but one and the same instrument. Any party may deliver a copy of its counterpart signature page to this Agreement via fax or e-mail. Each party shall be entitled to rely upon a facsimile or electronic signature of any other party delivered in such a manner as if such signature were an original.

14. This instrument contains the entire agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions or obligations whatsoever, express or implied, other than herein set forth, shall be binding upon either Grantor or Grantee.

15. No amendment or modification of this Agreement shall be valid or binding upon the Parties unless it is made in writing, cites this Agreement and is signed by Grantor and Grantee.

16. Grantee shall cause its appropriate fiscal officer to attach to this Contract or subscribe on it an appropriate certificate of availability of funds as provided under Section 5705.41 of the Ohio Revised Code.

17. Any person signing this Agreement in a representative capacity hereby warrants that he/she has been duly authorized by his/her principal to execute this Agreement on such principal’s behalf; and for Grantee, that this Agreement has been duly authorized by appropriate legislation of the City Council of the City of Marysville.

IN WITNESS WHEREOF, the parties hereto, namely the State of Ohio, Department of Transportation and City of Marysville have executed this Agreement on the date(s) indicated immediately below their respective signatures.

CITY OF MARYSVILLE

______________________________ By: Terry Emery, City Manager

Date: ______________________, 20____

SIGNATURES CONTINUED ON FOLLOWING PAGE

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This offer to purchase is accepted by the Ohio Department of Transportation:

STATE OF OHIO

DEPARTMENT OF TRANSPORTATION ______________________________ Jack Marchbanks, Director

Date: ______________________, 20____

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Mark Reams J.R. Rausch Aaron J. Carpenter

ORDINANCE _________

TO AUTHORIZE SUPPLEMENTAL APPROPRIATION FOR THE WATER REPLACEMENT AND IMPROVEMENT FUND (FUND 551) FOR THE EAST 6th STREET WATER LINE REPLACEMENT AND

MODIFY THE 2020 ANNUAL BUDGET

WHEREAS, the City desires to replace aging cast iron water lines on Walnut Street between 5th

Street and 6th_{Street; and}

WHEREAS, the City desires to accept an alternate bid which would extend the work on the East 6th_{Street Water Main Replacement Project to include the replacement of said aging cast iron}

water lines, now; therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARYSVILLE, OHIO, That:

SECTION I. That supplemental appropriation for the Water Replacement and Improvement Fund (Fund 551) be modified as follows:

551550-557001 Water Replacement and Improvement Fund

- CAPITAL IMPROVEMENTS $47,418

SECTION II. That the 2020 Annual Operating Budget of the City of Marysville be amended as identified above. 1st Reading ___________________ _________________________________ MAYOR/PRESIDENT OF COUNCIL 2nd Reading ___________________ 3rd Reading ___________________ ATTEST: Passed: _______________________ _______________________________________

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Mark Reams J.R. Rausch Aaron J. Carpenter

ORDINANCE _________

TO AUTHORIZE TRANSFER OF APPROPRIATIONS WITHIN THE STREET MAINTENANCE FUND (FUND 225) FOR CONTRACTOR WORK ON THE STREETS GARAGE AND MODIFY THE 2020

ANNUAL BUDGET

WHEREAS, the City desires to make necessary repairs and improvements to the Streets Garage which requires additional funds in the Technical Services line item in the Streets Maintenance Fund; and

WHEREAS, the City does not plan to purchase Salt for the 2020-2021 winter season and

therefore excess funds are available in the Salt Line Item in the Street Maintenance Fund, now; therefore,

SECTION I. That appropriations for the Street Maintenance Fund (Fund 225) be modified as follows:

225225-532004 SALT ($20,000)

225225-546001 TECHNICAL SERVICES $20,000

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VARIOUS PURPOSE NOTES, SERIES 2020B Terry Emery ORDINANCE _________

TO AUTHORIZE THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $2,435,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF (I) DESIGNING, ENGINEERING, AND CONSTRUCTING VARIOUS STREET IMPROVEMENT PROJECTS, WITH SITE AND CURB

IMPROVEMENTS RELATING THERETO, (II) CONSTRUCTING VARIOUS IMPROVEMENTS TO PARKS AND RECREATION FACILITIES, WITH RELATED SITE IMPROVEMENTS AND APPURTENANCES THERETO, (III) CONSTRUCTING AND IMPROVING VARIOUS STREET RESURFACING AND PAVING PROJECTS THROUGHOUT THE CITY, (IV) ACQUIRING VARIOUS FIRE, POLICE AND EMS EQUIPMENT, WITH RELATED IMPROVEMENTS AND APPURTENANCES, (V) ACQUIRING, DEVELOPING, DESIGNING, IMPROVING AND INSTALLING INFORMATION SYSTEMS AND RELATED INFORMATION

TECHNOLOGY, AND (VI) PAYING COSTS ASSOCIATED WITH DESIGNING, CONSTRUCTING,

FURNISHING, AND EQUIPPING A NEW FIRE STATION, WITH RELATED SITE IMPROVEMENTS AND APPURTENANCES THERETO; AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE; AND TO AUTHORIZE AND APPROVE RELATED MATTERS

WHEREAS, the City Council (the "Council") of the City of Marysville, Ohio (the "City") has issued notes dated August 22, 2019 in the aggregate principal amount of $2,435,000, which will mature August 20, 2020 (the "Outstanding Notes"), in anticipation of the issuance of bonds described herein, and

WHEREAS, it appears advisable in lieu of issuing bonds at this time to issue new notes in

anticipation of the issuance of bonds, and to retire all, or a portion, of the Outstanding Notes, and WHEREAS, the Director of Finance of the City (the "Director of Finance") has certified to this Council that the estimated life of the improvements described in the title of this Ordinance (the "Project") which are to be financed with the proceeds of bonds and notes herein described exceeds five years, the maximum maturity of bonds being 16 years and notes being 12 years, now; therefore,

SECTION I. Issuance of Bonds. It is hereby declared necessary to issue bonds (the "Bonds") of the City in the principal sum of not to exceed $2,435,000, for the purpose of paying the cost of the Project.

SECTION II. Terms of the Bonds. The Bonds shall be dated prior to the maturity date of the Notes (as defined hereinbelow), shall bear interest at the maximum average annual interest rate

presently estimated to be 5.00% per annum, payable semiannually until the principal sum is paid, and shall mature in no more than 16 annual installments.

SECTION III. Issuance of Bond Anticipation Notes. It is necessary to issue, and this Council hereby determines that there shall be issued, notes (the "Notes") in anticipation of the issuance of the Bonds.

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VARIOUS PURPOSE NOTES, SERIES 2020B SECTION IV. Terms of the Notes; Certificate of Fiscal Officer Relating to Terms of Notes. The Such Notes shall be in the amount of not to exceed $2,435,000, which sum does not exceed the amount of the Bonds. The Notes shall be dated the date established by the Director of Finance and certified to this Council and shall mature on such date as shall be determined by the Director of Finance and certified to this Council, provided that such date shall not be later than one year after the date of issuance of the Notes. The Notes shall be issued as fully registered notes in such denominations as shall be determined by the Director of Finance. Coupons shall not be attached to the Notes. The Notes shall be sold in a transaction exempt from the requirements of Rule 15c2-12 of the United States Securities and Exchange Commission.

The Director of Finance is hereby authorized and directed to execute a Certificate of Fiscal Officer Relating to Terms of Notes (the "Certificate of Fiscal Officer") setting forth and determining such terms and other matters pertaining to the Notes, their issuance, sale or delivery, including without limitation the aggregate principal amount of the Notes to be issued, the dated date of the Notes, the maturity date of the Notes, the purchase price of the Notes, the specified interest rate of the Notes, authorized denominations of the Notes, the Original Purchaser of the Notes (as defined herein), and shall include such additional information as is required by and consistent with the terms of this ordinance.

SECTION V. General Obligation Pledge. The Notes shall be the full general obligation of the City, and the full faith, credit and revenue of tThe Notes shall be the full general obligation of the City, and the full faith, credit and revenue of the City are hereby pledged for the prompt payment of the same. The par value to be received from the sale of the Bonds and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, be used only for the retirement of the Notes at maturity and are hereby pledged for such purpose.

SECTION VI. Debt Service Levy. There shall be and is hereby levied annually on all the taxable property in the City, in addition to all other taxes and inside the City's charter millage limitation, a direct tax (the "Debt Service Levy") for each year during which any of the Notes are outstanding, in an amount not less than that which would have been levied if the Bonds had been issued without the prior issuance of the Notes, for the purpose of providing, and in an amount which is sufficient to provide, funds to pay interest upon the Notes as and when the same falls due and to provide a fund for the repayment of the principal of the Notes at maturity or upon redemption. The Debt Service Levy shall not be less than the interest and sinking fund tax required by Article XII, Section 11 of the Ohio Constitution.

The Debt Service Levy shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner, and at the same time that taxes for general purposes for each of such years are certified, extended and collected. The Debt Service Levy shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from the Debt Service Levy shall be placed in a separate and distinct fund, which shall be irrevocably pledged for the payment of premium, if any, and interest on and principal of the Notes and Bonds when and as the same falls due. Notwithstanding the foregoing, if the City determines that funds will be available from other sources for the payment of the Notes and Bonds in any year, the amount of the Debt Service Levy for such year shall be reduced by the amount of funds which will be so available, and the City shall appropriate such funds to the payment of the Notes and Bonds in accordance with law.

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VARIOUS PURPOSE NOTES, SERIES 2020B SECTION VII. Income Tax Pledge. The City hereby covenants, pursuant to Ohio Revised Code Section 133.05(B)(7) to appropriate annually from lawfully available municipal income taxes, and to continue to levy and collect municipal income taxes adequate to produce, amounts necessary to meet the debt charges on the Notes and the Bonds in each year until full payment is made.

SECTION VIII. Sale of Notes. The Notes shall bear interest, based on a 360-day year of twelve 30-day months, payable at maturity, at such rate per annum as shall be determined by the Director of Finance and certified to this Council, provided that such rate shall not exceed 5.00% per annum. The Notes shall be, and hereby are, awarded and sold to such purchaser or purchasers (the "Original Purchaser") set forth in the Certificate of Fiscal Officer. The Director of Finance shall certify the final terms of the Notes to this Council, which terms shall be subject to the provisions of this Ordinance.

The Director of Finance is hereby authorized and directed to deliver the Notes, when executed, to the Original Purchaser upon payment of the purchase price and accrued interest, if any, to the date of delivery. The proceeds of such sale, except any accrued interest or premium thereon, shall be deposited in the Treasury of the City and used for the purpose aforesaid and for no other purpose. Any accrued interest received from the sale of the Notes shall be transferred to the City's bond retirement fund to be applied to the payment of the principal of and interest on the Notes, or other obligations of the City, as permitted by law. Any premium received from the sale of the Notes may be used to pay the financing costs of the Notes within the meaning of Ohio Revised Code Section 133.01(K) or be deposited into the bond retirement fund in the manner provided by law.

SECTION IX. Form and Execution of Notes; Payment of Notes. The Notes shall be executed by the Director of Finance and the City Manager of the City (the "City Manager"), in their official

capacities, provided that either or both of their signatures may be a facsimile, and shall be designated "City of Marysville, Ohio Various Purpose Notes, Series 2020B," or as otherwise determined by the Director of Finance. The Notes shall express upon their faces the purpose for which they are issued and that they are issued pursuant to this Ordinance.

The Notes shall be executed by the Director of Finance and the City Manager of the City (the "City Manager"), in their official capacities, provided that either or both of their signatures may be a facsimile, and shall be designated "City of Marysville, Ohio Various Purpose Notes, Series 2020B," or as otherwise determined by the Director of Finance. The Notes shall express upon their faces the purpose for which they are issued and that they are issued pursuant to this Ordinance. SECTION X. Appointment of Note Registrar. The Director of Finance is hereby authorized and directed to execute on behalf of the City a Note Registrar Agreement with such bank or other appropriate financial institution as shall be acceptable to the Director of Finance and the Original Purchaser, pursuant to which such bank or financial institution shall agree to serve as authenticating agent, note registrar, transfer agent, and paying agent (the "Note Registrar") for the Notes. Interest shall be payable at maturity by check or draft mailed to the Registered Owner hereof, as shown on the registration books of the City maintained by the Note Registrar. If at any time the Note Registrar shall be unable or unwilling to serve as such, or the Director of Finance in such officer's discretion shall determine that it would be in the best interest of the City for such functions to be performed by another party, the Director of Finance may, and is hereby authorized and directed to, enter into an agreement with a national banking association or other appropriate

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VARIOUS PURPOSE NOTES, SERIES 2020B institution experienced in providing such services, to perform the services required of the Note Registrar hereunder. Each such successor Note Registrar shall promptly advise all noteholders of the change in identity and new address of the Note Registrar. So long as any of the Notes remain outstanding, the City shall cause to be maintained and kept by the Note Registrar, at the office of the Note Registrar, all books and records necessary for the registration, exchange and transfer of Notes as provided in this Section (the "Note Register"). Subject to the provisions of this Ordinance, the person in whose name any Note shall be registered on the Note Register shall be regarded as the absolute owner thereof for all purposes. Payment of or on account of the principal of and interest on any Note shall be made only to or upon the order of that person. Neither the City nor the Note Registrar shall be affected by any notice to the contrary, but the registration may be changed as herein provided. All payments shall be valid and effectual to satisfy and discharge the liability upon the Notes, including the interest thereon, to the extent of the amount or amounts so paid.

Any Note, upon presentation and surrender at the office of the Note Registrar, together with a request for exchange signed by the registered owner or by a person authorized by the owner to do so by a power of attorney in a form satisfactory to the Note Registrar, may be exchanged for Notes of the same form and of any authorized denomination or denominations equal in the aggregate to the unmatured principal amount of the Notes surrendered, and bearing interest at the same rate and maturing on the same date.

A Note may be transferred only on the Note Register upon presentation and surrender thereof at the office of the Note Registrar, together with an assignment executed by the registered owner or by a person authorized by the owner to do so by a power of attorney in a form satisfactory to the Note Registrar. Upon that transfer, the Note Registrar shall complete, authenticate and deliver a new Note or Notes of any authorized denomination or denominations equal in the aggregate to the unmatured principal amount of the Notes surrendered, and bearing interest at the same rate and maturing on the same date.

The City and the Note Registrar shall not be required to transfer or exchange (i) any Note during a period beginning at the opening of business 15 days before the day of mailing of a notice of redemption of Notes, and ending at the close of business on the day of such mailing, or (ii) any Notes selected for redemption, in whole or in part, following the date of such mailing.

In all cases in which Notes are exchanged or transferred hereunder, the City shall cause to be executed, and the Note Registrar shall authenticate and deliver, the Notes in accordance with the provisions of this Ordinance. The exchange or transfer shall be without charge to the owner; except that the Council and Note Registrar may make a charge sufficient to reimburse them for any tax or other governmental charge required to be paid with respect to the exchange or transfer. The Council or the Note Registrar may require that those charges, if any, be paid before it begins the procedure for the exchange or transfer of the Notes. All Notes issued upon any transfer or exchange shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Ordinance, as the Notes surrendered upon that transfer or exchange.

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VARIOUS PURPOSE NOTES, SERIES 2020B SECTION XI. Book-Entry System. For purposes of this Ordinance, the following terms shall have the following meanings:

"Book-entry form" or "book-entry system" means a form or system under which (i) the beneficial right to payment of principal of and interest on the Notes may be transferred only through a book-entry and (ii) physical Notes in fully registered form are issued only to a Depository or its nominee as registered owner, with the Notes "immobilized" to the custody of the Depository, and the book-entry is the record that identifies the owners of beneficial interests in those Notes. "Depository" means any securities depository that is a clearing agency under federal law

operating and maintaining, together with its participants, a book-entry system to record beneficial ownership of Notes, and to effect transfers of securities, in book-entry form, and includes The Depository Trust Company (a limited purpose trust company), New York, New York. The Notes may be initially issued to a Depository for use in a book-entry system, and the

provisions of this Section shall apply, notwithstanding any other provision of this Ordinance: (i) there shall be a single Note of each maturity; (ii) those Notes shall be registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (iii) the beneficial owners in book-entry form shall have no right to receive Notes in the form of physical securities or certificates; (iv) ownership of beneficial interests in any Notes in book-entry form shall be shown by book-entry on the system maintained and operated by the Depository, and transfers of the ownership of beneficial interests shall be made only by the Depository and by book-entry; and (v) the Notes as such shall not be transferable or

exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Council. Debt service charges on Notes in book-entry form

registered in the name of a Depository or its nominee shall be payable in same day funds delivered to the Depository or its authorized representative (i) in the case of interest, on each Interest Payment Date, and (ii) in all other cases, upon presentation and surrender of Notes as provided in this Ordinance.

The Note Registrar may, with the approval of this Council, enter into an agreement with the beneficial owner or registered owner of any Note in the custody of a Depository providing for making all payments to that owner of principal and interest on that Note or any portion thereof (other than any payment of the entire unpaid principal amount thereof) at a place and in a manner (including wire transfer of federal funds) other than as provided above in this Ordinance, without prior presentation or surrender of the Note, upon any conditions which shall be

satisfactory to the Note Registrar and this Council. That payment in any event shall be made to the person who is the registered owner of that Note on the date that principal is due, or, with respect to the payment of interest, as of the applicable date agreed upon as the case may be. The Note Registrar shall furnish a copy of each of those agreements, certified to be correct by the Note Registrar, to other paying agents for Notes and to the City. Any payment of principal or interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for all purposes of, this Ordinance.

If requested, the Director of Finance and City Manager, Clerk of Council or any other officer of this Council, including the Mayor, as Council President, is authorized and directed to execute, acknowledge and deliver, in the name of and on behalf of the City, an agreement among the City,

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VARIOUS PURPOSE NOTES, SERIES 2020B the Note Registrar and a Depository to be delivered in connection with the issuance of the Notes to such Depository for use in a book-entry system.

The City may decide to discontinue use of the book-entry system through the Depository. In that event, Note certificates will be printed and delivered to the Depository.

If any Depository determines not to continue to act as the Depository for the Notes for use in a book-entry system, the City and the Note Registrar may attempt to establish a securities depository/book-entry relationship with another qualified Depository under this Ordinance. If the City and the Note Registrar do not or are unable to do so, the City and the Note Registrar, after the Note Registrar has made provision for notification of the beneficial owners by the then Depository, shall permit withdrawal of the Notes from the Depository and authenticate and deliver note certificates in fully registered form to the assigns of the Depository or its nominee, all at the cost and expense (including costs of printing and delivering definitive Notes), if the event is not the result of action or inaction by the City or the Note Registrar, of those persons requesting such issuance.

SECTION XII. Federal Tax Law Compliance. The City hereby covenants that it will comply with the requirements of all existing and future laws which must be satisfied in order that interest on the Notes is and will continue to be excluded from gross income for federal income tax purposes, including without limitation restrictions on the use of the property financed with the proceeds of the Notes so that the Notes will not constitute "private activity bonds" within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"). The City further covenants that it will restrict the use of the proceeds of the Notes in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute arbitrage bonds under Section 148 of the Code and the regulations prescribed thereunder (the "Regulations").

The Director of Finance, or any other officer of the City, is hereby authorized and directed (a) to make or effect any election, selection, designation, choice, consent, approval or waiver on behalf of the City with respect to the Notes as permitted or required to be made or given under the federal income tax laws, for the purpose of assuring, enhancing or protecting favorable tax treatment or the status of the Notes or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing any rebate amount or any payment of penalties, or making any payments of special amounts in lieu of making computations to determine, or paying, any excess earnings as rebate, or obviating those amounts or payments, as determined by the Director of Finance, which action shall be in writing and signed by the Director of Finance, or any other officer of the City, on behalf of the City; (b) to take any and all actions, make or obtain calculations, and make or give reports, covenants and certifications of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross income and the intended tax status of the Notes; and (c) to give an appropriate certificate on behalf of the City, for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances, and reasonable expectations of the City pertaining to Section 148 and the Regulations, and the representations, warranties and covenants of the City regarding compliance by the City with Sections 141 through 150 of the Code and the Regulations.

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VARIOUS PURPOSE NOTES, SERIES 2020B The Director of Finance shall keep and maintain adequate records pertaining to the use and

investment of all proceeds of the Notes sufficient to permit, to the maximum extent possible and presently foreseeable, the City to comply with any federal law or regulation now or hereafter having applicability to the Notes which limits the amount of Note proceeds which may be invested on an unrestricted yield or requires the City to rebate arbitrage profits to the United States

Department of the Treasury. The Director of Finance is hereby authorized and directed to file such reports with, and rebate arbitrage profits to, the United States Department of the Treasury, to the extent that any federal law or regulation having applicability to the Notes requires any such reports or rebates.

SECTION XIII. Appointment of Municipal Advisor. The appointment of Bradley Payne, LLC, to serve as municipal advisor to the City in connection with the issuance of the Notes is hereby approved. The fees to be paid to such firm shall be subject to review and approval of the Director of Finance, shall not exceed the fees customarily charged for such services, and shall be paid upon closing of the financing from proceeds of the Notes.

SECTION XIV. Appointment of Bond Counsel. The appointment of the law firm of Bricker & Eckler LLP to serve as Bond Counsel with respect to the issuance of the Notes is hereby approved. The fees to be paid to such firm shall be subject to review and approval by the Director of Finance, shall not exceed the fees customarily charged for such services, and shall be paid upon closing of the financing from proceeds of the Notes.

SECTION XV. Transcript of Proceedings; Execution of Additional Documents. The officer having charge of the minutes of the Council and any other officers of the Council, or any of them individually, are hereby authorized and directed to prepare and certify a true transcript of proceedings pertaining to the Notes and to furnish a copy of such transcript to the Original Purchaser. Such transcript shall include certified copies of all proceedings and records of the Council relating to the power and authority of the City to issue the Notes and certificates as to matters within their knowledge or as shown by the books and records under their custody and control, including but not limited to a general certificate of the Clerk of Council and a no-litigation certificate of the City Manager and Director of Finance, and such certified copies and certificates shall be deemed representations of the City as to the facts stated therein.

The City Manager and Director of Finance, or other appropriate officers of the City, are hereby authorized and directed to take such action and to execute and deliver, on behalf of this Council, such additional instruments, agreements, certificates, and other documents as may be in their discretion necessary or appropriate in order to carry out the intent of this Ordinance. Such documents shall be in the form not substantially inconsistent with the terms of this Ordinance, as they in their discretion shall deem necessary or appropriate.

SECTION XVI. Satisfaction of Conditions for Issuance. It is hereby found and determined that all acts, conditions and things necessary to be done precedent to and in the issuing of the Notes in order to make them legal, valid and binding obligations of the City have happened, been done and been performed in regular and due form as required by law; that the full faith, credit and revenue of the City are hereby irrevocably pledged for the prompt payment of the principal and interest thereof at maturity; and that no limitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing the Notes.

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VARIOUS PURPOSE NOTES, SERIES 2020B SECTION XVII. Compliance with Open Meeting Requirements. It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Ohio Revised Code Section 121.22, as permitted by Amended Substitute House Bill 197 of the 133rd General Assembly of the State of Ohio, effective March 27, 2020, allowing for conduct of public meetings by teleconference, video conference or any similar electronic technological means.

Section XVIII. Filing of Note Ordinance. The Clerk of this Council is hereby directed to forward a certified copy of this Ordinance to the Auditor of Union County, Ohio.

SECTION XIX. Effective Date. This Ordinance shall take effect and be in force at the earliest date permitted by law. _________________________________ MAYOR/PRESIDENT OF COUNCIL ATTEST: _______________________________________ CLERK OF COUNCIL 1st Reading: May 11, 2020 2nd Reading: May 26, 2020 3rd Reading: June 8, 2020 Passed: _______________________ APPROVED AS TO FORM: ___________________________________ Law Director Date ____________

CERTIFICATE

The undersigned Clerk of Council hereby certifies that the foregoing is a true copy of Ordinance No. ____ duly adopted by the City Council of the City of Marysville, Ohio on June 8, 2020, and that

a true copy thereof was certified to the County Auditor of Union County, Ohio.

Clerk of Council

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VARIOUS PURPOSE NOTES, SERIES 2020B RECEIPT OF COUNTY AUDITOR FOR

LEGISLATION PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION NOTES

I, Andrea L. Weaver, the duly elected, qualified, and acting County Auditor in and for Union County, Ohio hereby certify that a certified copy of the ordinance duly adopted by the City Council of the City of Marysville, Ohio on June 22, 2020 and providing for the issuance of general obligation notes designated "City of Marysville, Ohio Various Purpose Notes, Series 2020B," or as otherwise determined by the Director of Finance of said City, in the amount of not to exceed $2,435,000 was filed in this office on ____________________, 2020.

WITNESS my hand and official seal at Marysville, Ohio on ____________________, 2020.

County Auditor

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Terry Emery

ORDINANCE _________

TO AUTHORIZE SUPPLEMENTAL APPROPRIATION FOR THE PARKLAND DEVELOPMENT FUND (FUND 410) AND MODIFY THE 2020 ANNUAL BUDGET

WHEREAS, the City desires to replace aging playground structures at Mill Valley Central Park and Eljer Park; and

WHEREAS, the proposed playground structure for Mill Valley Central Park has associated costs totaling $100,000; and

WHEREAS, the proposed playground structure for Eljer Park has associated costs totaling $125,000; and

WHEREAS, the funds for both of these projects are currently in the Budget in the Parkland Development Fund; and

WHEREAS, monies in the Parkland Development Fund are only eligible to be utilized for park improvements, now; therefore,

SECTION I. That supplemental appropriation for the Parkland Development Fund (Fund 410) be modified as follows:

410400-557001 Parkland Development Fund $225,000

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Alan Seymour Deborah Groat Aaron J. Carpenter

ORDINANCE _________

TO ACCEPT THE DEDICATION OF THE JEROME GRAND SUBDIVISION PUBLIC INFRASTRUCTURE WHEREAS, the City Administration has reported that the improvements for the sanitary sewers and water lines shown on the final as-built construction plans for the Jerome Grand Subdivision development have been satisfactorily completed per City of Marysville Specifications, and have been maintained by the developer for a period in excess of one year; and

WHEREAS, the developer has offered for dedication for public use certain land for water lines, sanitary sewer lines, and associated appurtenances, as shown on said final as-built construction plans, now; therefore,

SECTION I. Council accepts and approves the dedication of the final as-built waterline and sanitary sewer plans for the Jerome Grand development.

SECTION II. The Offsight Public Waterline Improvement Plan and the Public Sanitary Sewer Improvement Plan, attached to this Dedication Ordinance as Exhibit A, of the sanitary sewers and water lines, all as shown thereon, are accepted and confirmed.

SECTION III. The Clerk of Council and the President of Council are hereby authorized and directed to sign this document as proof of dedication and acceptance in coordination with the City Engineer. 1st Reading ___________________ _________________________________ MAYOR/PRESIDENT OF COUNCIL 2nd Reading ___________________ 3rd Reading ___________________ ATTEST: Passed: _______________________ _______________________________________

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Exhibit A

20' PUBLIC WATERLINE EASEMENT

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Exhibit A

20' PUBLIC SANITARY SEWER EASEMENT

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Mark Reams J.R. Rausch Donald Boerger

ORDINANCE _________

TO LEVY AN ADDITIONAL FIVE DOLLAR ($5.00) MOTOR VEHICLE LICENSE TAX FOR THE CITY OF MARYSVILLE, OHIO PURSUANT TO SECTION 4504.06 OF THE OHIO REVISED CODE WHEREAS, Ohio Revised Code (ORC) Section 4504.06 authorizes a City Council to adopt a resolution levying an additional motor vehicle license tax upon the operation of motor vehicles on the public roads and highways, which tax is in addition to the tax levied by Section 4503.02, 4503.07, 4503.15, and any other taxes levied under Chapter 4504 of the ORC; and

WHEREAS, the City is in need of additional funds necessary to adequately finance the planning, constructing, improving, maintaining, and repairing of public roads, highways and streets, and the maintaining and repairing of bridges and viaducts; and

WHEREAS, Section 4504.06 of the Ohio Revised Code authorizes municipalities to enact a five dollar ($5.00) permissive motor vehicle license tax to fund said improvements; and

WHEREAS, tax collected by the City of Marysville pursuant to Section 4504.06 of the ORC shall be at the rate of $5.00 per motor vehicle on all motor vehicles registered in the City of

Marysville; and

WHEREAS, the City of Marysville is permitted to levy this tax under Section 4504.06 of the Ohio Revised Code because the Commissioners of Union County have not by resolution levied a permissive motor vehicle license tax under Section 4504.02 of the Ohio Revised Code, now; therefore,

SECTION I. There is hereby levied an annual license tax upon the operation of motor vehicles on the public roads or highways pursuant to Section 4504.06 of the Ohio Revised Code, for the purpose of paying costs and expenses of enforcing and administering the tax provided for in this section and to provide additional revenue for the purposes set forth in Section 4504.06 of the ORC and to supplement revenue already available for such purpose.

SECTION II. Such tax shall be at the rate of five dollars ($5.00) per motor vehicle on each and every motor vehicle wherein the district of registration, as defined in Section 4503.10 of the ORC, is the City of Marysville.

SECTION III. As used in this Ordinance, the term “motor vehicle” means any and all vehicles included within the definition of motor vehicle in Section s 4501.01 and 4505.01 of the ORC.

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SECTION IV. The tax imposed by this Ordinance shall be in effect for the registration year commencing January 1, 2022 and shall continue in effect and application during each registration year thereafter.

SECTION V. The tax imposed by this Ordinance shall be paid to the Registrar of Motor Vehicles of the State of Ohio or to a Deputy Registrar at the time application for registration of a motor vehicle is made as provided in Section 4503.10 of the Ohio Revised Code.

SECTION VI. All monies derived from the tax herein levied shall be used by the City of Marysville for the purposes specified in this Ordinance.

1st Reading ___________________ _________________________________ 2nd Reading ___________________ MAYOR/PRESIDENT OF COUNCIL

3rd Reading ___________________

Passed: _______________________ _________________________________

___________________________________ Law Director Date __________________

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Mark Reams J.R. Rausch Donald Boerger

ORDINANCE _________

TO LEVY AN ADDITIONAL FIVE DOLLAR ($5.00) MOTOR VEHICLE LICENSE TAX FOR THE CITY OF MARYSVILLE, OHIO PURSUANT TO SECTION 4504.172 OF THE OHIO REVISED CODE WHEREAS, Ohio Revised Code (ORC) Section 4504.172 authorizes a City Council to adopt a resolution levying an additional motor vehicle license tax upon the operation of motor vehicles on the public roads and highways, which tax is in addition to the tax levied by Section 4503.02, 4503.07, 4503.15, and any other taxes levied under Chapter 4504 of the ORC; and

WHEREAS, additional funds are necessary to adequately finance the planning, constructing, improving, maintaining, and repairing of public roads, highways and streets, and the

maintaining and repairing of bridges and viaducts; and

WHEREAS, Section 4504.172 of the Ohio Revised Code authorizes municipalities to enact a five dollar ($5.00) permissive motor vehicle license tax to fund said improvements; and

WHEREAS, tax collected by the City of Marysville pursuant to Section 4504.172 of the ORC shall be at the rate of $5.00 per motor vehicle on all motor vehicles registered in the City of

Marysville; and

SECTION I. There is hereby levied an annual license tax upon the operation of motor vehicles on the public roads or highways pursuant to Section 4504.172 of the Ohio Revised Code, for the purpose of paying costs and expenses of enforcing and administering the tax provided for in this section and to provide additional revenue for the purposes set forth in Section 4504.06 of the ORC and to supplement revenue already available for such purpose.

SECTION II. Such tax shall be at the rate of five dollars ($5.00) per motor vehicle on each and every motor vehicle wherein the district of registration, as defined in Section 4503.10 of the ORC, is the City of Marysville.

SECTION III. As used in this Ordinance, the term “motor vehicle” means any and all vehicles included within the definition of motor vehicle in Section s 4501.01 and 4505.01 of the ORC. SECTION IV. The tax imposed by this Ordinance shall be in effect for the registration year commencing January 1, 2022 and shall continue in effect and application during each registration year thereafter.

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SECTION V. The tax imposed by this Ordinance shall be paid to the Registrar of Motor Vehicles of the State of Ohio or to a Deputy Registrar at the time application for registration of a motor vehicle is made as provided in Section 4503.10 of the Ohio Revised Code.

SECTION VI. All monies derived from the tax herein levied shall be used by the City of Marysville for the purposes specified in this Ordinance.

1st Reading ___________________ _________________________________

2nd Reading ___________________ MAYOR/PRESIDENT OF COUNCIL 3rd Reading ___________________

Passed: _______________________ _________________________________

___________________________________ Law Director Date __________________