2020-03 - Authorize sale of 16300-16400 Detroit to Scalish Construction

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Referred to COW 01/06/20 Bullock, Litten, Neff, O'Malley, Rader, Shachner RESOLUTION NO. 2020-03 BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor and Director of Law to enter into a purchase agreement with Scalish Construction LLC, an Ohio limited liability company, for purchase and sale of the property located at 163 00-16400 Detroit Avenue, Lakewood, Ohio (PPN 311-3 0-028, -029 and -030), and to execute all documents necessary to effectuate the purchase and sale accord- ing to the terms of that agreement, pursuant to Section 155.07 of the Codified Ordinances. WHEREAS, the City has determined that it is in the best interests of the citizens to sell the Trinity Lutheran Church property, and has come to terms with Scalish Construction LLC for its purchase and sale; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self-government, and the power to enact laws that are for the health, safety, welfare; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake- wood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that it is necessary and in the best interest of the City to sell this vacant property and immediately put it to use for the benefit of the citizens; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor and Director of Law are hereby authorized to enter into an agree- ment, in substantially the same form as attached as Exhibit A, with Scalish Construction LLC, an Ohio limited liability company, owner of the property located at 163 00-16400 Detroit Avenue, Lakewood, Ohio (PPN 311-30-028, -029 and -030), and to execute all documents necessary to effectuate the purchase and sale according to the terms of that agreement, pursuant to Section 155.07 of the Codified Ordinances. Section 2. All provisions of Chapter 155 of the Codified Ordinances with respect to the sale or lease of City -owned property are deemed to have been met or superseded by this resolution inasmuch as that chapter may apply to the real property transactions contemplated herein. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.