18-72 New 155.02 & 155.07 - disposition of real estate

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ORDINANCE NO. 18-72 BY: Messrs. Brockman, Graber, Kelley, Magnotto, P!cBride, Usher, Wendling AN EMERGENCY ORDINANCE to supplement the Administrative Code of the Codified Ordinances of the City of Lakewood by enacting new Sections 155.O2 to 155.07 both inclusive, establishing the procedure for the disposition of real estate and interests therein owned by the City of Lakewood and which the Council of this City determines should be sold; and WHEREAS, the Charter of the City of Lakewood does not establish a procedure for the disposition of real estate and interests therein owned by the City of Lake- wood and which the Council of this City determines Should be sold; and WHEREAS, Section 2 of Article I of the Charter of the City of Lakewood provides that the powers granted to municipalities by the Constitution and laws of Ohio shall be exercised in the manner prescribed by Charter or if not prescribed therein then in such manner as shall be provided by ordinance of the Council of the City; and WHEREAS, one of the powers granted to this City by Section 3 and 7 of Article XVIII of the Constitution of the State of Ohio, is the power to establish the procedure to be followed by this City in the sale or other disposition of real estate and interest therein owned by this City;now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Administrative (:ode of the Codified Ordinances of the City of Lakewood be and the same is hereby supplemented by enacting new Sections 155.02 to 155.07 both inclusive, to read as follows: Section 155.02 That whenever the Council of this City shall determine that this City is the owner of real estate or interest therein which should be sold or otherwise disposed of, it shall first by ordinance make the de- termination that such real estate or interests therein should be sold or otherwise disposed of as specified in such ordinance and that such sale or other disposition is in the best interests of this City and will further the interests of this City and its residents. Such determination so made by the Council shall be conclusive. Section 155.03 Unless the Council shall in the ordinance provided for in Section 155.02 otherwise provide, any real estate or interests therein which are determined to be sold in an ordinance enacted pursuant to Section 155.02, shall be offered for sale by the Director of Finance or other officer designated in the ordinance at public sale after advertisement once a week for two consecutive weeks in a newspaper of general cir- culation within the City of Lakewood of the date, time and place for receipt of bids, the location where any specifications or conditions of bidding may be examined and the mnount of bid security required. The date for the'public sale shall be not earlier than the eighth day following the second publication of l~he notice.