TITLE
AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE SURETY BONDS SUBMITTED PURSUANT TO OHIO REVISED CODE 1311.311
BODY
WHEREAS, the Ohio Revised Code Section 1311.311 allows any subcontractor, material supplier, or laborer who is performing or has performed labor or work or is furnishing or has furnished material for any public improvement to place a lien on public funds for an amount due and unpaid for the labor and work performed and material furnished by filing an affidavit with the public authority; and
WHEREAS, the affidavit may be rendered void and the funds upon which it is sought to be imposed wholly discharged from said affidavit if the principal contractor or any subcontractor or interested party acting in his or her name gives the notice to commence suit and files with the public authority a bond in the amount equal to one and one-half of the claim in favor of the claimant, executed by sufficient surety, approved in writing by the public authority, and conditioned upon the payment of any judgment upon the claim, plus costs; and
WHEREAS, the City of Gahanna wishes to designate and grant the authority to approve such a bond to the Mayor, upon approval as to form by the City Attorney.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, COUNTY OF FRANKLIN, STATE OF OHIO:
Section 1. That the Mayor is hereby authorized to approve, in writing, surety bonds pursuant to Ohio Revised Code Section 1311.311, as approved as to form by the City Attorney.
Section 2. That this Ordinance shall be in full force and effect after passage by this Council and 30 days after signature of approval by the Mayor.