Mount Vernon City Council passes Legislation

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY TO PURCHASE CERTAIN SECURITIES AND FOR A SUPPLEMENTAL APPROPRIATION TO PAY FOR THE

PURCHASE.

WHEREAS, Council may direct the purchase of securities issued by the City pursuant to ORC secs. 133.29 and 731.56; and

WHEREAS, the Council of the City of Mount Vernon, Ohio established a Reserve Balance Account by Ordinance 2017-33; and

WHEREAS, the purpose of this account is to save funds for the following specifie purposes: (1) for any unforeseen adverse events, (2) for any unforeseen opportunities, or (3) declining economic trends; and

WHEREAS, Council determines that there is an unforeseen opportunity involving the City’s Water and Wastewater Departments.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mount Vernon, State of Ohio:

SECTION 1: That the Auditor for the City of Mount Vernon be, and he herewith is, authorized and directed to rename line “101.3600.54452, Rent,” to “101.3600.54452, Infrastructure Improvements” to more accurately describe the monies contained within the

line.

SECTION 2: That the Auditor for the City of Mount Vernon be, and he herewith is, authorized and directed to make supplemental appropriations as follows:

1. To account 101.3600.54452, Infrastructure Improvements, in the amount of

$2,000,000.00 (Previously unappropriated monies from Park National Investment Fund account K***).

SECTION 34: The City is authorized to purchase the bonds the City will issue to fund the H2Overhaul Project with funds from account 101.3600.54452, Infrastructure Improvements the Reserve Balance account, which resides in Park National Investment Fund account K****

SECTION 42: That the Auditor for the City of Mount Vernon be, and he herewith is, authorized and directed to make supplemental appropriations as follows:

***Amended as detailed above on 08/11/25 Updated: 7/10/2025 2:20 PM by Todd Hill

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To account 701.2740.55521, New Water/Wastewater Meters, in the amount of $900,000.00 (Proceeds from sale of H2Overhaul project securities).

2. To account 701.2740.54111, Services Received, in the amount of $600,000.00 (Proceeds from sale of H2Overhaul project securities).

3. To account 720.2840.54111, Services Received, in the amount of $500,000.00 (Proceeds from sale of H2Overhaul project securities).

SECTION 3: Council determines that money being transferred from the Reserve Balance Account is to fund an unforeseen opportunity that would go unfunded if monies from the Reserve Balance Account were not used.

SECTION 4: It shall take a vote of two thirds (2/3) of the members elected to the Council of the City of Mount Vernon, Ohio to become effective.

SECTION 5: All monies (principal and interest) received by the City in repayment of the H2Overhaul Project securities shall be deposited in account 101.3600.54452, Infrastructure Improvements Park National Investment Fund account K****

SECTION 6: This Resolution provides for appropriations for the current expenses of the City, and therefore, pursuant to Revised Code Section 731.30, it shall become effective upon its date of passage and approval by the Mayor.

Bruce E. Hawkins, President of Council

PASSED:

AUTHORIZING THE ISSUANCE OF SELF–SUPPORTING UTILITY REVENUE BONDS IN THE AMOUNT OF NOT TO EXCEED $2,000,000 FOR THE PURPOSE OF ACQUIRING AND INSTALLING WATER METERS AND PAYING OTHER COSTS OF IMPLEMENTING THE WATER AND WASTEWATER UTILITY’S H2OVERHAUL PROJECT; AUTHORIZING AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY.

WHEREAS, the City of Mount Vernon, Ohio (the “City”) owns and operates as a public utility a municipal water and wastewater system (the “Utility”), the services of which are supplied to persons and corporations within and without the corporate limits of the City; and

WHEREAS, the Council of the City (the “Council”) desires to finance improvements to the Utility with the proceeds of the self-supporting utility revenue bonds described herein (the “Bonds”) for the purpose of acquiring and installing water meters and paying other costs of implementing the Water and Wastewater Utility’s H2Overhaul Project (the “Project”), which Project is needed to modernize infrastructure and enhance operational efficiency for the Utility; and

WHEREAS, it is now deemed necessary to issue and sell such Bonds in the amount of not to exceed $2,000,000 for the Project under authority of the general laws of the State of Ohio, including Sections 3 and 12 of Article XVIII of the Ohio Constitution; and

WHEREAS, pursuant to Ohio Revised Code (“Revised Code”) Section 731.56, the City desires to invest moneys in its Reserve Balance Account within account 101.3600.54452, Infrastructure Improvements its Park Investment Mutual Fund (Account K****) to acquire the Bonds;

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Mount Vernon, Ohio that:

SECTION 1: It is hereby declared necessary to issue bonds of the City for the purpose of acquiring and installing water meters and paying other costs of implementing the Water and Wastewater Utility’s H2Overhaul Project in the principal sum of not to exceed $2,000,000 or such lesser amount as shall be determined by the Auditor of the City (the “Auditor“) and certified to this Council, which bonds shall be designated “City of Mount Vernon, Ohio Water System Improvement Revenue Bonds, Series 2025,” or as otherwise designated by the Auditor (the “Bonds“).

SECTION 2: The Bonds shall be issued as fully registered bonds in such denominations as shall be determined by the Auditor, but not exceeding the principal amount of Bonds maturing on any one date; shall be numbered as determined by the Auditor; and shall have such final terms as shall be determined by the Auditor and set forth in the Certificate of Fiscal Officer provided for in Section 3 herein.

SECTION 3: The Auditor is authorized and directed to execute on behalf of the City a Certificate of Fiscal Officer Relating to Terms of Bonds (the “Certificate of Fiscal Officer“) setting forth the aggregate principal amount and the final terms of the Bonds, which aggregate principal amount and terms, subject to

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the limitations set forth in this Ordinance, shall be as determined by the Auditor. The Certificate of Fiscal Officer shall indicate the dated date for the Bonds, the dates on which interest on the Bonds is to be paid (the “Interest Payment Dates“), the purchase price for the Bonds (which shall be not less than 100% of the aggregate principal amount thereof), the maturity schedule for the Bonds (provided that the maximum maturity date of the Bonds shall not exceed five years), the interest rates for the Bonds (provided that the interest rate for any Bond shall be a fair market rate as of the date of the Certificate of Fiscal Officer), any applicable optional and/or mandatory redemption provisions, and such other terms not inconsistent with this Ordinance as the Auditor shall deem appropriate. Unless otherwise determined by the Auditor, the Bonds shall be callable for optional redemption prior to stated maturity at any time by the City without penalty.

SECTION 4: The Bonds shall be issued with interest payable, with the frequency determined by the Auditor, on each Interest Payment Date until the principal sum is paid or provision has been duly made therefor in such proportions as shall be set forth in the Certificate of Fiscal Officer. Interest shall be calculated on the basis of a 360–day year of twelve 30–day months unless otherwise determined by the Auditor. Unless otherwise determined by the Auditor, the Bonds shall be in the denominations of $1,000 or any integral multiple thereof.

SECTION 5: The Bonds shall be subject to optional and mandatory redemption prior to stated maturity as provided herein and in the Certificate of Fiscal Officer. When partial redemption is authorized, the Bond Registrar (as defined herein below) shall select Bonds or portions thereof by lot within a maturity in such manner as the Bond Registrar may determine, provided, however, that the portion of any Bond so selected shall be in the amount of $1,000 or any integral multiple thereof unless otherwise determined by the Auditor. The City may redeem all or any portion of the Bonds on any date without being required to provide any prior notice of such call for redemption.

SECTION 6: The Bonds shall express upon their faces the purpose for which they are issued and that they are issued pursuant to this Ordinance. The Bonds shall be executed by the Mayor of the City (the “Mayor“) and by the Auditor in their official capacities, provided that either or both of their signatures may be a facsimile. No Bond shall be valid or become obligatory for any purpose or shall be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication, as printed on the Bond, is signed by the Bond Registrar as authenticating agent. Authentication by the Bond Registrar shall be conclusive evidence that the Bond so authenticated has been duly issued and delivered under this Ordinance and is entitled to the security and benefit of this Ordinance. The certificate of authentication may be signed by any officer or officers of the Bond Registrar or by such other person acting as an agent of the Bond Registrar as shall be approved by the Auditor on behalf of the City. It shall not be necessary that the same authorized person sign the certificate of authentication on all of the Bonds.

SECTION 7: The principal of and interest on the Bonds shall be payable in lawful money of the United States of America without deduction for the services of the Bond Registrar as paying agent. The principal of the Bonds shall be payable upon presentation and surrender of the Bonds at the office of the Bond Registrar. Each Bond shall bear interest from the later of the date thereof, or the most recent Interest Payment Date to which interest has been paid or duly provided for. Interest on any Bond shall be paid on each Interest Payment Date.

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SECTION 8: The Auditor is authorized and directed to serve as authenticating agent, bond registrar, transfer agent, and paying agent (collectively, the “Bond Registrar“) for the Bonds. So long as any of the Bonds remain outstanding, the City shall cause to be maintained and kept by the Bond Registrar, at the office of the Bond Registrar, all books and records necessary for the registration, exchange and transfer of Bonds as provided in this Section (the “Bond Register“). As the registered owner of the Bonds, the City shall be regarded as the absolute owner of the Bonds for all purposes unless it transfers the Bonds to another owner as described herein below. Payment of or on account of the principal of and interest on any Bond shall be made only to the City or any subsequent owners to whom the City may transfer all or a portion of the Bonds. All payments shall be valid and effectual to satisfy and discharge the liability upon the Bonds, including the interest thereon, to the extent of the amount or amounts so paid.

Any Bond, upon presentation and surrender at the office of the Bond 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 Bond Registrar, may be exchanged for Bonds of the same form and of any authorized denomination or denominations equal in the aggregate to the unmatured principal amount of the Bonds surrendered, and bearing interest at the same rate and maturing on the same date.

A Bond may be transferred only on the Bond Register upon presentation and surrender thereof at the office of the Bond 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 Bond Registrar. Upon that transfer, the Bond Registrar shall complete, authenticate and deliver a new Bond or Bonds of any authorized denomination or denominations equal in the aggregate to the unmatured principal amount of the Bonds surrendered, and bearing interest at the same rate and maturing on the same date.

In all cases in which Bonds are exchanged or transferred hereunder, the City shall cause to be executed and the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Ordinance. The exchange or transfer shall be without charge to the owner; except that the City and the Bond 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 City or the Bond Registrar may require that those charges, if any, be paid before it begins the procedure for the exchange or transfer of the Bonds. All Bonds 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 Bonds surrendered upon that transfer or exchange.

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SECTION 9: The Bonds shall be payable solely from the revenues of the Utility (the “Revenues“) after provision for the payment of reasonable operation and maintenance expenses of the Utility. The rates and charges for all services and facilities rendered by the Utility shall be reasonable and just, taking into consideration the costs and value of said Utility and cost of maintaining, repairing and operating the same and the amounts necessary for the retirement of the Bonds and there shall be charged such rates and charges as shall be adequate to meet the requirements of this Section and Section 10 hereof. The Bonds are self–supporting securities within the meaning of Revised Code Sections 133.05(B)(1)(a) and (b).

SECTION 10: The Auditor is hereby authorized to create and maintain the Bond Fund (the “Bond Fund“). The Bond Fund shall be funded solely from the Revenues of the Utility and be used for purposes of payment of the principal of and interest on the Bonds, and redemption of the Bonds, as appropriate.

SECTION 11: The Bonds will not constitute general obligation debt of the City and will not constitute a debt or pledge of the full faith and credit of the City. The holders of the Bonds have no right to have taxes levied by the City to pay principal of and interest on the Bonds when due. Nothing in this Ordinance will be construed as requiring the City to use or apply to the payment of principal of or interest on the Bonds any funds or revenues from any source other than the revenues; however, nothing in this Ordinance will be deemed to prohibit the City from using, to the extent that it is authorized by law to do so, any other resources for the fulfillment of any of the terms, conditions, or obligations of this Ordinance or the Bonds.

SECTION 12: The Bonds shall be sold to the City for investment pursuant to Revised Code Sections 133.29 and 731.56 through 731.58, subject to the requirements of such sections and Section 13 herein. The Council hereby determines that up to $2,000,000 of moneys in the City’s Reserve Balance Account within its Park Investment Mutual Fund (Account K****) account 101.3600.54452, Infrastructure Improvements (the “Reserve Balance Account“) shall be used to purchase the Bonds at a purchase equal to 100% of the par amount of the Bonds issued pursuant to this Ordinance; provided, however, that the requirements of Revised Code Section 731.57 and Section 13 herein must first be satisfied. The City shall not pay a premium to purchase the Bonds.

The proceeds from the sale of the Bonds shall be used for the purpose aforesaid and for no other purpose. Any accrued interest received from such sale shall be transferred to the bond retirement fund to be applied to the payment of the principal of and interest on the Bonds, or other obligations of the City, as permitted by law.

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SECTION 13: Prior to issuing the Bonds and investing moneys in the Reserve Balance Account in the acquisition of the Bonds, the Auditor is hereby instructed to submit to the Mayor and the Director of Law of the City (the “Law Director“) the statement of moneys described in and required by Revised Code Section 731.57 (the “Statement of Moneys“). The Bonds may not be issued and moneys in the Reserve Balance Account shall not be invested in or used to acquire the Bonds unless (1) the Statement of Moneys shows that the moneys in the Reserve Balance Account anticipated to be used to acquire the Bonds will not be required to be used by the City for a period of six months or more, and (2) the Auditor provides a recommendation with the Statement of Moneys that such moneys in the Reserve Balance Account that are not required to be used by the City for a period of six months or more should be used to invest in and acquire Bonds, which recommendation shall be made at the sole discretion of the Auditor pursuant to Revised Code Section 731.57.

SECTION 14: If the Bonds are issued and moneys in the Reserve Balance Account are invested to acquire them pursuant to the terms of this Ordinance and Revised Code Sections 731.56 and 731.57, then, in accordance with Revised Code Section 731.58, the Auditor shall maintain an account, to be known as the “treasury investment account,” in which he shall enter all transactions relating to the investment of funds under Revised Code Sections 731.56 and 731.57. The records of such “treasury investment account” shall be maintained in accordance with Revised Code Section 731.58 and provided to the Treasurer of the City (the “Treasurer“) as required therein.

SECTION 15: The Council hereby approves of the appointment of the law firm of Bricker Graydon LLP to serve as Bond Counsel with respect to the issuance of the Bonds. The fee to be paid to such firm shall be subject to review and approval by the Auditor and shall not exceed the fee customarily charged for such services.

SECTION 16: The Mayor, the Auditor, the Law Director, the Clerk of Council, the Treasurer, and other City officials, as appropriate, are each authorized and directed to sign any transcript certificates, financial statements and other documents and instruments and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. The actions of the Mayor, the Auditor, the Law Director, the Clerk of Council, the Treasurer, or other City officials, as appropriate, in doing any and all acts necessary in connection with the issuance and sale of the Bonds are hereby ratified and confirmed.

The Clerk of Council and any other officers of the Council or the City, or any of them individually, are authorized and directed to prepare and certify a true transcript of proceedings pertaining to the Bonds. 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 Bonds and certificates as to matters within their knowledge or as shown by the books and records under their custody and control.

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SECTION 17: It is hereby found and determined that all acts, conditions and things necessary to be done precedent to and in the issuing of the Bonds 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; and that no limitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing the Bonds.

SECTION 18: It is hereby found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were taken in an open meeting of the Council, and that all deliberations of the 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 Revised Code Section 121.22.

SECTION 19: This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, welfare and safety, and for the further reason that this Ordinance is required to be immediately effective in order to issue and sell the Bonds, which is necessary to enable the City to facilitate the timely execution of one or more contracts relating to the Project and to take advantage of currently prevailing interest rates. Therefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor, provided that it receives the affirmative vote of two–thirds of the members elected to the Council; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Mount Vernon, Ohio that:

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AN ORDINANCE AUTHORIZING AND CREATING CHAPTER 149 OF THE CODIFIED ORDINANCES OF THE CITY OF MOUNT VERNON, WHITE–TAILED DEER MANAGEMENT WITHIN THE CITY OF MOUNT VERNON, OHIO, AND MODIFYING ORDINANCES IN CONFLICT.

WHEREAS, the City of Mount Vernon recognizes the need to manage the white-tailed deer population within its corporate limits to prevent property damage and reduce the risk of deer-related accidents; and

WHEREAS, controlled bow hunting has been identified as a safe and effective method for deer population management in urban areas.

follows:

NOW, THEREFORE, be it ordained by the Council of the City of Mount Vernon, Ohio:

SECTION 1: That Chapter 149 of the Codified Ordinances be created, and reads as

149.01 STATEMENT OF PURPOSES

The management of white-tailed deer within the City to prevent property damage and reduce the risk of deer-related accidents shall be through the use of bow hunting, which is a safe and effective method of deer population management in urban areas.

149.02 PERMIT REQUIREMENTS

(a) Eligibility: Only individuals aged 18 years or older are eligible to participate in the city’s deer hunting program.

(b) Application requirements: Before applying for a City Permit, the applicant shall possess an Ohio hunting license with applicable deer tags.

(c) Application Process: Prospective hunters must apply for a permit through the Mount Vernon Safety-Service Office, providing:

(1) Valid government-issued photo identification.

(2) An active Ohio hunting license and all applicable deer tags

(3) Evidence of liability insurance coverage with a minimum coverage of $100,000 for

personal injury and property damage.

(4) Signed waiver of liability for the City.

(5) Payment of the permit fee as established by the City’s Control Board.

149.03 HUNTING REGULATIONS

(a) Authorized Equipment: Hunting is restricted to the use of bows, long bows and arrows, as defined in the rules and regulations promulgated by the Ohio Department of Natural Resources

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(ODNR). Each arrow must be clearly marked with the hunter’s name corresponding with the name on the hunter’s City permit.

(b) Prohibited Areas: Hunting, as allowed by this ordinance, is prohibited on all City-owned

property.

Season and Hours: Hunting is permitted only during the white-tailed deer bow hunting season established by the State of Ohio, from one-half an hour before sunrise to one-half an hour after

sunset.

(d) The Safety-Service Director is authorized to issue additional regulations to effectuate the implementation of the City’s White-Tailed Deer Management program, such regulations must be published on the City’s website at least 30 days before the start of the hunting season, unless stated to be because of an emergency.

149.04 SAFETY MEASURES

(a) Minimum Distance: No hunting activity shall occur within 500 feet 30 yards of any inhabited dwelling, building, or public roadway.

(b) Landowner Permission: Hunters must obtain written permission from property owners before hunting on private property on an ODNR land permission slip signed by the landowner and carry this permission at all times during hunting activities.

(c) Reporting: All harvested deer must be reported to the Safety-Service Office within 48 hours, in addition to complying with the ODNR game check requirements.

149.05 ENFORCEMENT AND PENALTIES

(a) Civil. On a first violation of this ordinance the Safety-Service Director may issue a fine of up to fifty dollars ($50.00). All subsequent violations shall be punished by a fine of up to one hundred dollars ($100.00).

(b) Criminal. In addition to any other penalty specified in this ordinance, any violation or failure to comply with the provisions in this ordinance may be charged under the appropriate provision of the hunting laws of the Ohio Revised Code.

any violations of this ordinance or any behavior deemed unsafe or contrary to the aims of this program. The Safety-Service Director may not issue a permit to any person who has outstanding civil fines for violating this ordinance.

149.06 PROGRAM REVIEW

The Safety-Service Director shall provide an annual report to the City Council in May of each year for the prior season evaluating the effectiveness and safety of the municipal deer hunting program, with recommendations for any necessary adjustments.

SECTION 2: That Section 511.11 of the Codified Ordinances be amended as follows (additions are in bold):

(a) No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporation limits of the City with the following exceptions:

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(1) Between the Monday immediately following the first Sunday of February to the Sunday immediately following the last Saturday of September, a property owner within designated areas established by City Council may apply to the Division of Wildlife of the Ohio Department of Natural Resources for one or more “deer damage permits”. If issued, the property owner or his designee(s) may use only bow and arrow to harvest deer.

(2) During any controlled hunt for Canada Geese in Ariel-Foundation Park authorized and regulated by the Safety-Service Director. (3) As allowed by Chapter 149.