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File #: O-037-18    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 1/18/2018 In control: Economic Development Department
On agenda: 1/30/2018 Final action: 1/30/2018
Title: Authorizing the Mayor to enter, execute and deliver a Real Estate Purchase Agreement and other needed instruments for the sale and conveyance of 2419 N. Erie Street and 2423 N. Erie Street to Scott P. Burton; authorizing the deposit of net sale proceeds; making certain findings with respect thereto; waiving the notice and bidding provisions of T.M.C. 187.19; and declaring an emergency.
Attachments: 1. Exhibit A

 

Label

DEBD LBSale2419&2423N.ErieBurton

Development / Real Estate

CWatkins (1154)

(Revised)

 

Title

Authorizing the Mayor to enter, execute and deliver a Real Estate Purchase Agreement and other needed instruments for the sale and conveyance of 2419 N. Erie Street and 2423 N. Erie Street to Scott P. Burton; authorizing the deposit of net sale proceeds; making certain findings with respect thereto; waiving the notice and bidding provisions of T.M.C. 187.19; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

The City operates a Land Reutilization Program pursuant to Section 187.19(a) of the Toledo Municipal Code which authorizes the City to accept nonproductive land and dispose of same pursuant to Chapter 5722 of the Ohio Revised Code.  The Department of Economic & Business Development oversees the review and processing of the program.  Scott P. Burton of 2413 N. Erie Street has approached the City with the desire to acquire the vacant landbank parcels located at 2419 and 2423 N. Erie Street. Mr. Burton would like to plant a garden and create additional landscaping to the vacant lots to beautify the neighborhood.  The negotiated sale price for these parcels is One Hundred and fifty Dollars ($150) per parcel (2) plus recording and transfer fees subject to combine of parcels.

 

Summary

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

 

                     SECTION 1.  That the Mayor is authorized to execute needed instruments for the sale and conveyance of the real estate located at 2419 and 2423 N. Erie Street as is more fully described in Exhibit “A” and attached hereto and made a part hereof, to Scott P. Burton for the amount of Three Hundred Dollars ($300.00).

 

                     SECTION 2.  That the Agreement and needed instruments shall contain other terms and conditions deemed necessary and proper by the Mayor, the Department of Law and the Department of Economic & Business Development.

 

                     SECTION 3.  That it is found and determined that the subject real property is not needed for any municipal purpose.

 

                     SECTION 4.  That this Council approves the Agreement, including the sale and conveyance of said real estate provided for therein, 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 and that combine and re-use of this property with the adjacent property is found to be the highest and best use to return the property to a tax producing status.  

 

SECTION 5.  That the Mayor is authorized to execute and deliver such deeds, certifications and instruments as are necessary to carry out the Agreement and the Director of Development, Director of Law, Director of Finance, Clerk of Council and other appropriate officials of this City are authorized to enter into, execute and deliver such other agreements, instruments, documents and certificates and to take such other lawful action as may be necessary or appropriate in order to fully implement the Agreement.  

 

SECTION 6.  That the Finance Director is authorized to accept and deposit the net sale proceeds into Account Code 1001-16500-5000436STDSTD.

 

                     SECTION 7.  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 8.  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 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 sale and conveyance of the property to Scott P. Burton for combine, maintenance and neighborhood beautification.

 

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