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ORDINANCE NO. 2003- lo <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE <br />AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH BERBAKOS <br />FOR TREE REMOVAL AND CUTTING RELATED TO S.O.M. CENTER WIDENING <br />PROJECT WITHOUT THE NECESSITY OF ADVERTISEMENT AND FORMAL BIDDING <br />WHEREAS, Section 731.05 of the Ohio Revised Code provides that in a case of a <br />real and present emergency arising in connection with the operation of any municipal <br />department, the legislative authority may, by two-thirds vote of all of its members elected <br />thereto, authorize entering into a contract for the purchase of services without formal <br />bidding and advertising; and <br />WHEREAS, it has been found that a real and present emergency exists for trees to <br />be eliminated for the construction of S.O.M. Center Road prior to April 15, 2003; and <br />WHEREAS, this emergency exists because the Federal Government has mandated <br />that any entity intending to eliminate trees that could potentially be a habitat for Indiana <br />Fruit Bats be eliminated before April 15, 2003, the time prior to which the Indiana Fruit Bats <br />would and generally do locate;.and <br />WHEREAS, due to the existence of such trees within the Village creating a real and <br />present emergency, the Village Council has determined that such contract be awarded <br />immediately to Berbakos for an amount not to exceed Eighteen Thousand Dollars <br />($18,000.00) without the necessity of for advertisement and formal bidding. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO, THAT: <br />Gln?oled ? ?zc?,ooo <br />SECTION 1. The Council of the V't age of Mayfield hereby authorizes the Mayor to <br />enter into a contract with Berbakos fo tree removal and tree cutting in an amount not to <br />exceed €' , . which has been deemed the best price <br />for such services readily available without advertising and formal bidding due to the <br />existence of a real and present emergency. <br />SECTION 2. The Council finds and determines that all formal actions of this Council <br />relating to the adoption of this Ordinance have been taken at open meetings of this Council; <br />and that deliberations of this Council and of its committees, resulting in such formal action, <br />took place in meetings open to the public, in compliance with all statutory requirements <br />including the requirements of Section 121.22 of the Ohio Revised Code. <br />t__ _