Label
Lease Copeland Park - Columbia Gas
Department of Economic and Business Development
C. Watkins (x1154)
(Revised)
Title
Authorizing the Mayor to execute a lease amendment with Columbia Gas of Ohio, Inc. for certain land owned by the City of Toledo and located within Copland Park; making certain findings with respect thereto; waiving the notice and bidding provisions of T.M.C. 187.19; authorizing the deposit of lease proceeds; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Columbia Gas of Ohio, pursuant to Ordinance No. 100-80, entered into a 20 year Lease and Right-of-Way Agreement on July 12, 1980 with the City of Toledo for installation and operation of a gas regulator site on City owned land located within Copland Park. Said Ordinance also granted a permanent easement for access to the Columbia Gas regulator site to be located on said city property. Ordinance 842-02 authorized a new lease effective July 12, 2000, expiring in July, 2010 (Exhibit A). Columbia Gas has requested a lease amendment extending the term. This request for lease amendment has been reviewed and approved by the Division of Parks, Recreation and Forestry and it’s been determined to be in the best interest of the City of Toledo to formalize the continued operation of this gas regulator site by entering into a lease amendment. A mutually acceptable price of $700.00 per year has been agreed to by both parties retroactive to July 13, 2010. The amended lease agreement will be through July, 2025. This legislation seeks to gain City Council approval for entering into this lease of City owned land allowing Columbia Gas to continue to operate said gas regulator on property located within Copland Park.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor is authorized to execute an amendment to the lease agreement authorized by Ordinance 842-02 on behalf of the City of Toledo with Columbia Gas of Ohio, Inc. for the following described property:
Situated in Copland Park in the City of Toledo, County of Lucas and State of Ohio, being part of Adams Township in Grant 580, Township 3, United States Reserve, and being part of a 22.32 acre tract being northeasterly of and abutting the northeasterly line of the record plat of Southern Woods Subdivision, more particularly described as follows: Beginning at a point thirty feet (30’) southeasterly of the point where the southwesterly line of said 22.32 acre tract intersects the southerly right-of-way line of the Norfolk & Western Railway, which point shall be known as the place of beginning of the lands herein leased, thence southeasterly along said southwesterly line a distance of fifteen feet (15’) to a point, thence northeasterly at right angles a distance of fifteen feet (15’) to a point, thence northwesterly at right angles a distance of eighteen and five tenths feet (18.5’) to a point, thence southwesterly a distance of fifteen and four tenths feet (15.4’) to the place of beginning, containing 251.25 square feet.
SECTION 2. That this Council approves the lease agreement, attached as Exhibit B, notwithstanding and as an exception to the notice and bidding provisions of Chapter 187.19 of the Toledo Municipal Code. The reason for the waiver and exception is that the property is not needed for any municipal purpose during the term of the lease and said lease is in the best interest of the City.
SECTION 3. That the term of the lease as amended shall be for a fifteen (15) years, commencing July 13, 2010 through July 13, 2025, at the annual lease rate of $700.00 per year, payable annually and retroactively back to commencement date, for the purpose of operating and maintaining Lessee’s gas regulator station.
SECTION 4. That said lease agreement shall contain other terms and conditions deemed necessary and proper by the Mayor, the Department of Law, the Department of Economic and Business Development and the Department of Public Service.
SECTION 5. That the Finance Director is authorized to accept and deposit the annual lease proceeds into Account Code 2006-60500-7715001STDSTD.
SECTION 6. That it is found and determined that all formal actions of Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of Council and that all deliberations of Council and any of its committees that result in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22, Ohio Revised Code.
SECTION 7. That this Ordinance is declared to be an emergency measure and shall take effect and be in force immediately from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that this Ordinance must be immediately effective to facilitate the execution and delivery of the lease amendment.
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