2013-72

ORDINANCE AUTHORIZING AND DIRECTING THE ADMINISTRATION EXECUTE ALL DOCUMENTS NECESSARY TO PROVIDE FOR THE SALE OF APPROXIMATELY 82.56 ACRES, HAVING DETERMINED SAID LAND IS NO LONGER NECESSARY, UPON THE TERMS AND CONDITIONS SET FORTH HEREIN AND DECLARING AN EMERGENCY

WHEREAS, the Marion County Park District, a governmental entity, has requested the Council consider the sale of certain City owned lands for development of a County Park facility which they have committed to pursue dependent upon the successful application and award of State grant dollars, and

WHEREAS, the Council having investigated, studied and deliberated the material facts surrounding the proposal, finds the transaction to be favorable to the citizens of the City and the entire community,

BE IT ORDAINED, by the Council of the City of Marion, Marion County, Ohio:

SECTION 1. The Service Director and/or Mayor are authorized and directed to take all actions necessary, including but not limited to: executing all documents and agreements consistent herewith, to facilitate and transfer of approximately 82.56 acres located along Herr Rd. within the City of Marion, Ohio, once the following contingencies are met:

1. The Marion County Park District is awarded Clean Ohio Fund grant funding,
2. The facilitating documentation providing for the transaction contains the following terms and conditions:

a. The County Park District pay to the City of Marion the sum of $40,000.00 for the 82.56 acre parcel in exchange for a Quit claim deed as State Appraisal requirements have established the transaction amount to be.

b. Costs associated with the transfer, including but not limited to real estate taxes and assessments or CAUV recoupment shall be exclusively born by the Marion County Park District. The County Park District assumes all latent or patent liabilities associated with the property without qualifications.

Council determines the subject property is no longer necessary for any municipal purpose. The Council finds, giving due consideration to all factors regarding valuation, the excavation of approximately 50 acres of earth from the site as landfill cover has decreased the property's real market value and the Council specifically determines the City will not receive more than the current offer for the parcel. Therefore, the $40,000.00 received for the property is the properties real market value as confirmed by the State of Ohio certified appraisal.

All proceeds received from the sale shall be credited to the Sanitary Sewer Fund.

SECTION 2. That this Ordinance is hereby declared to be an emergency measure necessary for the welfare of the City of Marion and its' inhabitants thereof given the immediate need to proceed without delay due to the impending grant filing deadline and the need to realize as much proceeds as is reasonably possible given the properties market value and to provide for the general well being of the citizens of the community; and as such shall take effect and be in force immediately upon its' passage and approval by the Mayor, provided it receives the affirmative vote of two thirds of all members elected to Council, otherwise it shall become effective from and after the earliest period allowed by law.


Approved: _____________________________
Dave Edwards
President of Council
______________________________
Mayor Scott Schertzer

Attest:

________________________________
Clerk of Council