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09-90 Malley Property
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09-90 Malley Property
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Last modified
5/14/2013 3:06:36 PM
Creation date
9/5/2003 11:04:56 AM
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Office Of Council
Document Type
Ordinances
Date
9/5/2003
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ORDINANCE NO. 9-90 <br /> <br /> Please SUBSTITUTE FOR ORD N~ <br />PLACED ON FIRST RE~,DING a~d ~E9~ to <br />COMMITTEE OF *WHOLE 'on 2/20/9O2and <br />PLACED ON SECOND READING 2/26~/90 <br /> <br />BY: Boscia, Gallagher, Gazzana, <br />George, Graham, Roth, Smith <br /> <br /> AN EMERGENCY ORDINANCE authorizing and directing the Mayor, <br />on behalf of the City of Lakewood, to enter into a Purchase Agreement <br />with Mack Products, for the sale of certain property located 11900 <br />Detroit Avenue, (Permanent Parcel No. 312-33-8, 9 & 29). <br /> <br /> WHEREAS, Council has determined that it is in the best <br />interest of the City to sell the portion of said property fully <br />described in the legal description and engineering drawing attached <br />hereto and incorporated by reference herein, and <br /> <br /> WHEREAS, provisions regarding real property transactions are <br />contained in Chapter 155 of the Codified Ordinances of the City of <br />Lakewood and Section 155.07 provides that specific procedures may be <br />established for the sale or dispostion of particular real estate or <br />interest therein, <br /> <br /> WHEREAS, the property to be conveyed according to the letter <br />proposal attached hereto is uniquely situated so that its use by the <br />proposed buyer is superior to any possible public use and there is no <br />other likely buyer for the property, and <br /> <br /> WHEREAS, the letter proposal attached hereto constitutes the <br />conclusion of an arms length transaction between representatives of <br />the City and the proposed buyers and such sale is in the interest of <br />all the citizens of this community, and <br /> <br /> WHEREAS, this ordinance constitutes an emergency <br />providing for the immediate preservation of the public health, <br />and welfare; now, therefore, <br /> <br />measure <br /> safety <br /> <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That the Mayor on behalf of the City of <br />Lakewood, be and he is hereby authorized and directed to enter into a <br />Purchase Agreement for the sale of the property located at 11900 <br />Detroit Avenue and described in Exhibits "B" and "C" attached hereto <br />and incorporated by reference herein, said Purchase Agreement to be <br />substantially in the form of Exhibit "A", the proposal letter attached <br />hereto and made a.part hereof as if fully rewritten herein, with such <br />additional provisions as are acceptable to the Director of Law to <br />protect the public interest. <br /> <br /> Section 2. That pursuant to the conditions of the <br />aforementioned Purchase Agreement, Council hereby formally approves <br />the sale of said property hereinabove described and the terms and <br />conditions set forth in the letter proposal. <br /> <br /> Section 3. Council hereby determines that the uniqueness <br />of the property and the special conditions relating thereto form a <br />basis for establishing this negotiated procedure for the sale of said <br />property in accordance with Section 155.07 of the Administrative Code <br />of the Codified Ordinances of the City of Lakewood. <br /> <br /> Section 4. It is found and determined that all formal <br />actions of this Council concerning and relating to the passage of this <br />ordinance were adopted in an open meeting of this Council, and that <br />all such deliberations of this Council and of any of its committees <br />that resulted in such formal action were in meetings open to the <br />public in compliance with all legal requirements. <br /> <br /> <br />
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