AUTHORIZING THE VILLAGE OF YELLOW SPRINGS TO EXECUTE A MUTUAL AID AGREEMENT WITH NATIONALLY PARTICIPATING MUNICIPALITIES
- Published: June 20, 2019
— Public Notice —
AUTHORIZING THE VILLAGE OF YELLOW SPRINGS
TO EXECUTE A MUTUAL AID AGREEMENT WITH
NATIONALLY PARTICIPATING MUNICIPALITIES WITH
MUNICIPAL ELECTRIC SYSTEMS, THUS ENABLING
RECEIPT AND PROVISION OF MUTUAL
ASSISTANCE DURING EMERGENCIES THROUGH
THE INTERCHANGE AND USE OF PERSONNEL AND
EQUIPMENT AND DECLARING AN EMERGENCY
ORDINANCE 2019-16, VILLAGE OF YELLOW SPRINGS, OHIO
Interested persons will take note that the Village Council of Yellow Springs
on Monday, June 17, 2019, gave first reading to an ordinance and passed as an
emergency, text to follow.
WHEREAS, Section 735.051 of the Ohio Revised Code authorizes Ohio munici-
palities to enter into contracts in the case of real and present emergencies without
formal bidding and advertising for work to be done and supplies to be purchased
from municipal utilities; and
WHEREAS, Section 715.02 of the Ohio Revised Code provides that two or more
municipal corporations may enter into joint agreements relating to the operation
of public utilities; and
WHEREAS, Sections 735.051 and 715.02, along with express and inherent
authority granted by Articles XVIII of the Ohio Constitution to construct, operate
and maintain utilities, provide the authority to for the Village of Yellow Springs,
Ohio (herein “Municipality”) to execute a Mutual Aid Agreement with other
national municipalities; and
WHEREAS, American Public Power Association, herein (“APPA”) organizes
and manages a Mutual Aid Program among its member municipalities wherein
members experiencing an emergency in the provision of electricity to customers
of the municipal electric system can request assistance from other participating
member municipalities, nationally, to assist Yellow Springs Municipal Electric
in expediting repairs to its electric system to restore electric service as soon as
WHEREAS, Yellow Springs Municipal Electric is a member of APPA and operates a municipal electric system; and
WHEREAS, Yellow Springs Municipal Electric deems it prudent to enter into a
Mutual Aid Agreement with APPA and other participating member municipalities
to participate in the APPA Mutual Aid Program so that it can provide and receive
aid and assistance in times of emergency; and
WHEREAS, A Mutual Aid Agreement to receive and provide assistance in
times of emergency to preserve the public health, safety and welfare is a valid
NOW, THEREFORE, COUNCIL FOR THE VILLAGE OF YELLOW
SPRINGS, OHIO HEREBY ORDAINS THAT:
Section 1. The form of the Mutual Aid Agreement, substantially in the form
of Exhibit A attached hereto, is approved.
Section 2. The Village Manager is authorized and directed to execute the
Mutual Aid Agreement, substantially in the form of the mutual agreement hereto.
Section 3. Any and all competitive bidding requirements are hereby waived.
Section 4. The Village of Yellow Springs agrees to reimburse any Signatory to
the Mutual Aid Agreement all eligible costs for services provided to the Municipal-
ity in accordance with the terms and conditions of the Mutual Aid agreement in
response to a request for aid from the Municipality.
Section 5. Reimbursement requests shall be filed in a form substantially similar
to Exhibit B, attached hereto.
Section 6. Employees who respond to Mutual Aid calls for assistance shall be
reimbursed at double-time for all hours. The rest period will also be paid in accor-
dance with the reimbursement terms set by the requesting return to the Village
of Yellow Springs and stand down. Employees shall be reimbursed at the current
pay for the classifications listed in Exhibit C.
Section 7. This Ordinance shall be considered an emergency measure to
ensure the safety, health and welfare of the public and shall be effective immediately upon its passage.
Brian Housh, Council President