Ordinance " 2017 PASSED: ATTEST: Susan Culbertson Clerk of Council. Daniel M. Vincent President of Council " 2017

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1 Ordinance PASSED: " 2017 ATTEST: Susan Culbertson Clerk of Council Daniel M. Vincent President of Council APPROVED : " 2017 THIS LEGISLATION APPROVED AS TO FORM Jeff Tilton, Mayor

2 Public Service Committee Andrew Roberts, Chair ORDINANCE NO L INTRODUCED BY COUNCIL AN ORDINANCE AUTHORIZING THE PROPER CITY OFFICIAL TO PURCHASE A 2018 WESTERN STAR 4700 ROLL-OFF TRUCK FOR THE WASTEWATER DIVISION THROUGH EITHER THE STATE OF OHIO COOPERATIVE PURCHASING PROGRAM - STATE TERM SCHEDULE OR THROUGH A COMPETITIVE BIDDING PROCESS. WHEREAS, the City of Zanesville Wastewater Division Treatment Plant creates a sludge product through the treatment of wastewater; and WHEREAS, the sludge must be disposed of through further processing by Contractor or disposal at landfill; and WHEREAS, the Treatment Plant has now started transporting screenings and grit wastes to landfill for disposal in addition to the sludge material; and WHEREAS, the material is currently transported by Wastewater Division personnel with two (2) smaller dump trucks to the disposal sites; and WHEREAS, one vehicle is borrowed from the Street Division and is in poor condition; and WHEREAS, the purchase of a larger roll-off truck and containers would save the City rate payers money by reducing maintenance costs down to one vehicle and by reducing the number of trips to the disposal sites per year; and WHEREAS, the Wastewater Division intends to purchase a new 2018 Western Star 4700 roll-off truck and the necessary containers through either the State of Ohio Cooperative Purchasing Program - State Term Schedule, or through a competitive bidding process, for the estimated amount of $163,000.00; and WHEREAS, said purchase wil l be financed through a lease purchase agreement for which proposals are currently being accepted. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Oh io, that: SECTION 1: The proper City official is hereby authorized to purchase a new 2018 Western Star 4700 roll-off truck and necessary containers for the Wastewater Division through either the State of Ohio Cooperative Purchasing Program - State Term Schedule, or through a competitive bidding process, for the estimated amount of $163, SECTION 2: The Finance Director is hereby authorized to execute the necessary lease purchase documents associated with this purchase. SECTION 3: The Line Item to be used for the purchase of the truck and containers will be SECTION 4: This Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED:, 2017 ATTEST: =..,..,.,-,"'""'==.,,-- SUSAN CULBERTSON CLERK OF COUNCIL APPROVED: " 2017 OANIEL M. VINCENT PRESIDENT OF COUNCIL THIS LEGISLATION APPROVED AS TO FORM JEFF TILTON, MAYOR

3 Public Service Committee Andrew Roberts, Chair ORDINANCE NO. 17-~ INTRODUCED BY COUNCIL AN ORDINANCE AUTHORIZING THE WAIVER OF WATER TAP FEES ASSOCIATED WITH THE DEVELOPMENT OF THE MCINTIRE NATURE RESERVE & EDUCATION CENTER. WHEREAS, the Muskingum Va lley Park District was created under the Ohio Revised Code, Section 1545, and is considered a political subdivision under the state of Ohio; and WHEREAS, the District is creating a new nature area on the former site of the Mcintire Elementary School, known as the Mcintire Nature Reserve & Education Center; and WHEREAS, the Reserve is in need of a water supply for the ongoing maintenance and care of the landscaping and shrubbery, which has been made available to the site at a cost of $3,364.87; and WHEREAS, the Park District will provide the initial and ongoing investment into the Reserve; and WHEREAS, the Mcintire Reserve provides educat ional and aesthetic benefits t o Zanesville City Schools and area residents, therefore making it in the public's interest to waive the City's water tap fees for said project; and WHEREAS, this is a one-time wa iver offees as a courtesy for this specific project, and does not set a precedent for continued waiving of any other associated fees. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio, that: SECTION ONE: The Zanesville City Council hereby waives the $3, water tap fee associated with the construction of the Mcintire Nature Reserve & Education Center. SECTION TWO: This fee waiver shall be a one-time courtesy to the Muskingum Va lley Park District to help facilitate the development of the Mcintire Nature Reserve & Education Cente r. allowed by law. SECTION THREE : This Ordinance sha ll take effect and be in force from and after the earliest period PASSED: ----', 2017 ATIEST: SUSAN CULBERTSON Clerk of Council DANIEL M. VINCENT, President of Council APPROVED: ----', 2017 THIS LEGISLATION APPROVED AS TO FORM JEFF TILTON, Mayor LAW DIRECTOR'S OFFICE

4 Council-Mayor Government Jeff Tifton, Mayor Ord i nance TH E C IT Y O F Zanesville 14 Buckeye Drive Zanesville, Ohio Phone (740) Ext. 6 Fax (740) john.smith@coz.org WATER DEPARTMENT JOHN R. SMITH WATER METER & MAJNT. SUPERVISOR pgr. COST t:~tlmator, Nature,& i I Center 'NAME Blue &,Ave. 3/4" Water Tap DATE 10117/2016 i 2016 "''' I t:~ PER HOUR :NIIT,MS Billable Rate, Board $12.50 Traffic SiQnal. $41.38 $42.97 IVactor 1 Pot Hole I-Crew Truck $90.5C Loader. Skid Steer tsaw $18.0C IUIALS Hours Used Total $O.OC ~ 5 $ $O.OC 5 :O.OC :O.OC H IPER HOUR I Dire, t Rate Billable Rate.J::iQUrs IMaint. WOrKer >17.79 IMaint. Worker ;17.79 IMaint. Worker,17.79 IMaint. Worker >17.79 ~41.0Q IMaint. Worker $17.79 $19.6E $47.85 $19.6E $47.85 Crew i $22.26 $52.50 Crew i $22.26 $52.50 $23.6C $53.2 LS Total 5 $ $ O.OC O.OC a.oc 5 $O.OC 2 ~10~ $O.OC 1 $53.2 ' 18 IPER MILE Ible Rate IUtility Truck 1 Ton 50.9' IPickup. 1/2 Ton >0.5, IDump Truck rruck $2. 2~ ITOTALS Miles Total :u.uu $4.5C 14 ITOTAL LABOR & EQUll'Mt N IWATER MATERIALS I. & TAP FEE I i ~ Radio Read Unit. & Meter Pit II U IAL PRn.lF;C~ I ; air compressor. pump. CU"'"d~'U. "~"~'O'U '. & tapping ".uo'.. o. User Inputs Hourly Wages ~ $ ~ $ ~111l4. 87

5 Public Service Committee Andrew Roberts, Chair ORDINANCE NO. 17-~ INTRODUCED BY COUNCIL AN ORDINANCE RELATING TO A RECREATIONAL TRAIL LEASE WITH THE STATE OF OHIO DEPARTMENT OF NATURAL RESOURCES; AUTHORIZING THE PUBLIC SERVICE DIRECTOR PERMISSION TO DEVELOP AND OPERATE RECREATIONAL TRAIL ON PORTIONS OF STATE OF OHIO'S LOCK #10 CANAL PARK PROPERTY; AND AUTHORIZING THE DIRECTOR TO EXECUTE THE MANAGEMENT LEASE AGREEMENT FOR THIS PROPERTY USE. WHEREAS, the State of Ohio, acting by and through its Department of Natural Resources Department (ODNR), owns in fee real property located in Muskingum County and commonly referred to as the Muskingum River Lock #10 Canal Park; and WHEREAS, while the primary purpose of the Property is for the operation of the river lock and dam system, certain recreational uses are compatible and provide the Zanesville com munity benefits; and WHEREAS, ODNR is willing to grant the City of Zanesville permission to use portions of the Property for limited recreational trail purposes at no lease cost, subject to certain conditions and provided that such use does not unreasonably interfere with ODNR's use of the Property for its intended purposes. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Zanesville, State of Ohio, that: SECTION ONE: The Director of Public Service is authorized to execute, for and on behalf of the City, a 25-year Lease Management Agreement with the Ohio Department of Natural Resources substantially in the form attached hereto as Attachment 1 (Lease Agreement), granting the City of Zanesville permission to non-exclusive use of state of Ohio-owned property more particularly described in Attachment 1 for the development and operation of a recreational trail. SECTION TWO: The funds for the maintenance and improvements of this recreational fac il ity may be derived from the proceeds of the TI F Service payments, created by Ordinance No , in accordance with the terms and conditions of Ordinance No SECTION THREE: This Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED:, 2017 ATTEST: Susan Culbertson Clerk of Cou ncil Daniel M. Vincent President of Council APPROVED:, 2017 Jeff Tilton, Mayor THIS LEGISLATION APPROVED AS TO FORM > ~~

6 Ordinance No LEASE MANAGEMENT AGREEMENT Muskingum River Lock #10 Canal Park The Ohio Department of Natural Resources, Office of Real Estate, 2045 Morse Rd., E-2, Columbus, Ohio , hereinafter known as "LESSOR", under the authority conferred upon it by R.C , in consideration of the covenants to be observed and the activities to be performed by the City of Zanesville, hereinafter known as "LESSEE", does hereby dentise, let and lease unto said Lessee the pedestrian trail portion of state property known as the Muskingum River Lock # I 0 Canal Park, hereinafter known as "leasehold premises", being located at Zanesville, Ohio, Muskingum County south of the historic Zanesville Y -Bridge, and further described in Exhibit A, which is attached and made part of the Lease. Save and excepting any canal property previously conveyed by the State of Ohio and subject to any and all current leases, licenses and easements. The initial term of this Lease shall be for Twenty-Five (25) years and commence on the date that the Lease is signed by the Director of ODNR and shall expire December 31, Upon expiration of the Lease, Lessee shall have the option to renew said Lease for an additional Twenty-Five (25) year term with the approval of the Lessor. Upon fulfillment by Lessee of all the covenants and activities on its part to be performed during the initial term of Twenty-Five (25) years, Lessee shall have the option to renew this Lease for an additional Twenty-Five (25) years or a portion thereof, commencing on the expiration of the initial term. The renewal shall be under and subject to all the covenants, provisions, terms and conditions of the Lease. No later than Thirty (30) days prior to the expiration of the initial term of this Lease, Lessee shall give Lessor written notice of its intention to renew this Lease. CONSIDERA non No rental payments are due Lessor under this Lease. The good and valuable consideration for this Lease shall be the exchange of mutual prontises, covenants and conditions hereinafter set forth. COVENANTS OF LESSEE Lessee hereby covenants with Lessor as follows: I. Purpose of Occupancy The leasehold prentises shall be maintained for recreational and public purposes only. Lessee's use and occupation of the leasehold prentises shall be non-exclusive and subject to Lessor's right to grant additional leases or interests in the leasehold prentises that in Lessor's judgment are not inconsistent with Lessee's use and occupation of the leasehold preillises. 2. Lawful Use Lessee shall not use the leasehold prentises, nor permit others to use the leasehold premises for any unlawful purpose and shall conform to and obey all present and future laws, ordinances, rules and regulations of the United States of America, State of Ohio, Department of Natural Resources, County of Muskingum and City of Zanesville and all

7 Ordinance No subdivisions and agencies thereof, with respect to the premises and with respect to Lessee's use and occupancy of the premises. 3. Management and Maintenance A. There shall be no user fee imposed by Lessee without prior written approval from Lessor. The leasehold premises shall be open to the public without charge. B. Lessee shall adequately maintain the leasehold premises. Lessee shall provide staff and service for the premises to ensure management and maintenance of the leasehold premises. C. Lessee's management of the leasehold premises shall be consistent with its use for recreational and public purposes. D. Lessor or its designee shall have the right of ingress/egress on the leasehold premises for purposes of maintaining and managing the leasehold premises. 4. Construction A. All construction, change or alteration plans by Lessee shall have prior coordination and written approval of Lessor. B. All construction shall be in accordance with the plans previously approved by Lessor. Lessor reserves the right to construct facilities on the leasehold premises with the concurrence of the Lessee. C. Lessee shall not change or permit others to change the contour or condition of the leasehold premises without the prior written approval of Lessor. 5. Hydraulic Operations Lessor shall be responsible for all hydraulic operations of the Muskingum River Lock # 1 0 Canal Park, including but not limited to, operation and maintenance of all related hydraulic structures. 6. Discrimination Prohibited Lessee shall not discriminate against any person or entity on the basis of age, race, color, religion, sex, ancestry, handicap, national origin, or disability as defined in Ohio Revised Code Section Ethics and Conflicts of Interest Lessee, by signature on this document, certifies that Lessee: (i) has reviewed and understands the Ohio ethics and conflict of interest laws as found in the Ohio Revised Code Chapter 102 and in Ohio Revised Code Sections and , and (ii) will take no action inconsistent with those laws. The Lessee, understands that failure to comply with Ohio's ethics and conflict of interest laws is, in itself, grounds for termination of this Lease and may result in the loss of other contracts or grants with the State of Ohio.

8 Ordinance No Certification of Funds Obligations of Lessor are subject to Section of the Ohio Revised Code. MUTUAL COVENANTS OF LESSOR AND LESSEE Further, Lessor and Lessee mutually covenant as follows: I. State Property The leasehold premises shall continue to be State owned property and shall be open to the public. The leasehold premises shall not be a private park or local public park open only to the local community. 2. New Leases Upon 30 days' notice to the Lessee, Lessor shall have the right to grant additional leases or interests within the leasehold premises. During such 30 day notice period, Lessee shall be afforded the opportunity to inform Lessor of any facts that Lessee believes pertinent to show that the proposed lease or grant would be inconsistent with Lessee's use or occupation of the leasehold premises. Lessee acknowledges and understands that Lessor has sole and exclusive discretion thereafter in terms of whether or not to grant a lease or interest in the premises. 3. Inspection Lessor has the right to review and inspect the leasehold premises at any time to ensure that the leasehold premises are being used as intended, and that all conditions of this Lease are complied with fully and in a timely manner. 4. Breach of Lease Any breach or violation of the terms of this Lease shall be reduced to writing and presented to the party in violation. Within 30 days after such notice the violating party shall respond to aggrieved party's notice and explain in writing how the violating party will resolve the violation. If the violations are not corrected within Ninety (90) days from notice of violation, then the aggrieved party may cancel this Lease by giving written notice of cancellation. 5. Expiration of Lease At the expiration of the term of this Lease, including the renewal thereof, if exercised by Lessee, or at the cancellation of the Lease, the leasehold premises shall be vacated and restored as nearly as possible to the same condition as when it was let, reasonable wear and tear and capital improvements excepted. Any personal property or facilities owned by the Lessee which are not removed by Lessee prior to the cancellation or expiration of the term of the Lease shall be deemed abandoned and become the property of Lessor without any right of Lessee to claim compensation or damages.

9 Ordinance No Personal Injury or Property Damage During the term of this Lease, Lessee shall be solely responsible for any and all losses, damages, or claims whatsoever, including any and all personal injuries or property damage, arising from or out of any occurrence in, upon or at the leasehold premises, occasioned by any act, omission or neglect of Lessee or as a result of Lessee's occupation and use of the leasehold premises. Remainder 0/ page inlemiollally left blank.