Ord. 26-2016
Page 2
ORDINANCE NO. 26-2016
INTRODUCED BY: Mayor Donegan
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO PURCHASE AGREEMENTS FOR THE ACQUISITION OF A PORTION OF TWO PARCELS OF VACANT LAND FOR RECREATIONAL PURPOSES TO SATISFY REQUIREMENTS OF THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR REPLACEMENT OF PARK LANDS UPON THE ELIMINATION OF A PORTION OF THE FORMER “JENKINS CENTER” PROPERTY FOR RECREATIONAL PURPOSES AND APPROPRIATING FUNDS THEREFOR AND DECLARING AN EMERGENCY
WHEREAS, the City had utilized Ohio Department of Natural Resources (ODNR) funds for the purchase of the land upon which the former “Jenkins Center” sits for recreational purposes; and
WHEREAS, as part of its efforts for community and economic development, the City has entered into an agreement with a local business to operate out of a portion of the former “Jenkins Center” property thus eliminating the same from park and recreational uses; and
WHEREAS, the requirements of the Ohio Department of Natural Resources are such that the City must replace said land now being used for economic development business purposes with new recreational land; and
WHEREAS, the City must therefore acquire additional replacement land for recreational purposes to satisfy the requirements of the Ohio Department of Natural Resources; and
WHEREAS, the City has negotiated with two property owners to obtain a portion of vacant land off Lewis Road, said land to be adjacent to existing land utilized for park and recreational purposes; and
WHEREAS, the owners of said parcels are ready, willing and able to split a portion of their land and convey the same to the City and the City desires to acquire said land as replacement park and recreational land to meet the requirements of ODNR; and
WHEREAS, the property owners and the City have reached agreement for the sale and purchase of said vacant land in accordance with the terms of the agreements attached hereto and incorporated herein by reference as Exhibits “A” and “B” respectively; and
WHEREAS, this Ordinance and the acquisitions of said lands for park purposes has been referred to the Municipal Planning Commission for review and recommendation and the Planning Commission has recommended approval of the same. Now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OLMSTED FALLS, CUYAHOGA COUNTY, OHIO, THAT:
SECTION 1. That this Council accepts the recommendations from the Municipal Planning Commission and the Mayor is hereby authorized to enter into those certain purchase agreements with the respective property owners in substantially the form of Exhibits “A” and “B” respectively attached hereto and incorporated herein by reference whereby the City shall acquire, for a total sum of Eleven Thousand Nine Hundred Seventy Nine Dollars ($11,978.00) (plus incidental costs and expenses associated therewith), the said lands for park and recreational purposes.
SECTION 2. That the City administration including the Building Department and Law Department are hereby authorized and directed to take all actions necessary and appropriate to effectuate the purposes hereof including actions associated and necessary to obtain lot splits and related escrow and recording requirements.
SECTION 3. That the funds in the amount of $11,978.00 (plus incidental escrow and/or recording costs) necessary to effectuate the purposes hereof are hereby appropriated for the payment of same in accordance with the terms of the agreements attached hereto.
SECTION 4. That the said lands, upon acquisition, shall be used exclusively for park and recreational purposes in compliance with ODNR requirements.
SECTION 5. Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.
SECTION 6. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the health, safety and welfare of the residents of Olmsted Falls for the further reason that it is necessary to meet the requirements of the Ohio Department of Natural Resources replacement land for park purposes at the earliest practicable time. Therefore, this Ordinance shall therefore take effect immediately upon passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.
Jay Linn, President of Council
PASSED:
APPROVED:
Ann Marie Donegan, Mayor Date
APPROVED AS TO FORM:
Gregory M. Sponseller, Director of Law
ATTEST:
Angela Mancini, Clerk of Council
First Reading:
Second Reading:
Third Reading:
Yea Nay
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Garrity ____ ____
Haviland ____ ____
Sculac ____ ____
Stibich ____ ____
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Miller ____ ____