File #: O-041-19    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 1/9/2019 In control: Economic Development Department
On agenda: 1/22/2019 Final action: 2/5/2019
Title: Authorizing the Mayor to enter into a Maumee Riverfront Metropark Project Development Agreement with the Metropolitan Park District of the Toledo Area; making certain findings with respect thereto; waiving the competitive bidding process of Toledo Municipal Code Chapter 187 with respect to the conveyance of real property; and declaring an emergency.
Attachments: 1. Audio: Agenda Review 1/15/2019, 2. Audio: Council Meeting 1/22/19, 3. Development Agreement, 4. Map, 5. Audio: City Council 2/5/2019

Label

Maumee Riverfront Park District                                                                                                                                                          

Gretchen DeBacker (x1600)/Bill Burkett (x1692)

Revised

 

Title

Authorizing the Mayor to enter into a Maumee Riverfront Metropark Project Development Agreement with the Metropolitan Park District of the Toledo Area; making certain findings with respect thereto; waiving the competitive bidding process of Toledo Municipal Code Chapter 187 with respect to the conveyance of real property; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

The city of Toledo is working with the Metropolitan Park District of the Toledo Area (Metroparks) on the development of the Riverfront Metropark in the vicinity of Front Street, Main Street, Marina Derive and Riverside Drive. The Riverfront Metropark restoration represents an important opportunity for significant investment in Toledo. To facilitate the success of the Riverfront Metropark, the City and Metroparks will need to cooperate and collaborate with respect to land, infrastructure and economic issues. The Development Agreement will address vacation petitions, property transfers, and costs.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1.  That the Mayor is authorized to enter into a Development Agreement with the Metropolitan Park District of the Toledo Area and execute and deliver other needed instruments for the purpose of the development of the Maumee Riverfront Metropark Project. Said Development Agreement is in substantial final form as described in Exhibit “A” attached hereto and otherwise subject to such terms and conditions, in the opinions of the Mayor and the Director of Law, are in the best interest of the City of Toledo.

 

                     SECTION 2.  That the Mayor and other appropriate City officials are further authorized to enter into and to execute such other agreements, instruments, and documents, including such other actions as may be necessary and appropriate to the full implementation of and to further evidence the contents of the Development Agreement as specified in the above Section 1, with the terms thereof to contain such terms and conditions as in the opinions of the Mayor and the Director of Law are in the best interests of the City of Toledo.

 

                     SECTION 3.  That it is found and determined that the real property and/or interests in the real property easements or right-of-way to be conveyed in accordance with the agreement’s terms are real property interests which are not needed for a municipal purpose, and the disposition to the Metropolitan Park District of the Toledo Area is in the best interests of the City, and that disposition of said real property without competitive bidding is appropriate considering the benefits realized by the public through the Park District’s ownership, operation, development, and maintenance of the real property comprising the Maumee Riverfront Metropark Project, and that Council approves the conveyances provided for notwithstanding as an exception to the notice, publication, and bidding provisions of Section 187.19 of the Toledo Municipal Code, and the same are waived.

 

                     SECTION 4.  It is found and determined that all actions of Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees or subcommittees that resulted in such formal action or meetings were open to the public and in compliance with law.

 

                     SECTION 5.  That this ordinance is declared to be an emergency measure and shall be in force and effect after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of the public peace, health, safety, and property, and for further reason that this Ordinance must be immediately effective in order to facilitate the timely development of the Maumee Riverfront Metropark Project for the benefit of the public and the City.

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Passed:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                                              __________________________________

                            Clerk of Council                                                                           President of Council

 

                     

Approved:  _____________________                                          __________________________________

                                                                                                                                                                                                   Mayor

 

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.

 

 

Attest:  ________________________

                    Clerk of Council