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Home My WebLink About26-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.------- 26-9g- - Passed- ----- --- ----- -- - --19-- --- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICULTURAL LEASE FORA 130+/- ACRE CITY OWNED PARCEL LOCATED ADJACENT TO COSGRAY PARK, WAIVING THE FORMAL BIDDING REQ S OF CHAPTER 721 OF THE OHIO REVISID CODE, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin (the "City") owns a 130+/- acre parcel located adjacent to Cosgray Park which can generate income to the City if it is immediately leased for agricultural purposes; and WHEREAS, it is in the best interest of the City to protect the value of this parcel by entering into an agricultural lease on an expedited basis; and S, Section 8.04 of the Revised Charter of Dublin authorizes the City by a vote of no less than five members of City Council to waive the statutory bidding requirements for the lease of municipal land if it is in the best interests of the City to do so; and WHEREAS, staff has conducted a formal competitive bid process for this agricultural lease and, after advertising this bid once, received five bids, the highest being $116.00 per tillable acre as submitted by Mr. Dennis Wuertz. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: SECTION I: That pursuant to Section 8.04 of the Revised Dublin Charter, the lease of 130+/- acre parcel adjacent to Cosgray Park is hereby authorized as bid and with express waiver of the requirements of Chapter 721 of the Ohio Revised Code. SECTION II: That the City Manager is authorized to execute an agricultural lease extending until December 1, 1998 with a 90-day grace period for the subject parcel to Mr. Dennis Wuertz at $116.00 per tillable acre with an annual option to review this lease by mutual consent of the City and Mr. Wuertz for two, one year terms beyond the original lease. SECTION III: That this Ordinance be, and hereby is, declared to be an emergency measure for the preservation of the public health, safety and welfare in order to protect the value of this asset for the benefit of the City and its citizens, and said waiver is in the best interest of the City. Therefore, this Ordinance shall take effect and be in force immediately upon passage. Passed this !~ f day of April, 1998. %~~~ or -Presiding Officer ATTEST: ~~~ Clerk of Council ~~rn~}•~: r~r~:{,.r s41Sl~ CQn2S Of !~e~S Ord;nonce/ Cay of D~bi:n in accordance wab Section T31.2S off heDplniorRevised Codeh ark n until. Duh ~ (161n Division of Humann Resources & Procurement 5200 Emerald Parkway • Dublin, Ohio 43017-1006 ct~r of arstn~t Phone: 614-761-6500 • Fax: 614-761-2965 To: Members of Dublin City Council "" From: Timothy C. Hensley, City Manager ,,,~, Date: April 16, 1998 Re: Cosgray Land Rental Bid Process By: David L. Harding, Director of Human Resources/Procurement Dana L. McDaniel, Director of Service Stephen J. Smith, Director of Law Memo Staff has conducted a formal competitive bid process for the rental of City-owned land on Cosgray Road adjacent to Cosgray Park The objective of this project involves the rental of 13 0+/_ acres of land strictly for agricultural purposes. Staff believes that until such time the City decides what to do with this land on a more permanent basis, the City will realize two primary benefits from renting this land for this purpose. These benefits include keeping this land in an agricultural status and minimizing land maintenance costs. Bids were requested on a price per acre basis and were opened on Apri13, 1998. Attached, therefore, for your consideration is Ordinance No.26-98 accepting the highest bid received from the competitive bid process. Also attached for your reference is a copy of the bid tabulation. As reflected in the attached bid tabulation, the City received five (5) bids ranging from a low of $102.00/acre to a high of $116.00 per acre and the crop to be planted would Bather be corn or soy beans. Staff would recommend acceptance of the bid submitted by Mr. Dennis Wuertz in the amount of $116.00 per acre. The specifications governing this project require that the land shall only be used for the purpose of planting, maintaining, and harvesting crops; no material alteration to the land shall be permitted. In addition, the rental period will begin upon execution of the contract and end on December 1, 1998, with a 90-day grace period thereafter in the event weather-related circumstances do not allow harvesting of the crop by December 1. The specifications also allow for an annual renewal option for two, one year terms beyond the original contract period. This renewal option would be based upon mutual agreement between the parties and would be governed by the same terms and conditions specified in the original contract. Lastly, should additional acreage adjacent to the site be made available by the City for farming purposes, the successful bidder will be given the right of first refusal for extending his farming operation to such land. Please note that the attached legislation contains emergency language. Staff is recommending that Ordinance No.26-98 be adopted as an emergency for the reason that, given the time of year, the successful bidder must begin planting immediately in order to have a full growing season. In Staff s judgement, emergency passage would be in the best interest of the City from a public welfare standpoint in that without the ability to plant Page 2 immediately, the suG~essfiil bidder may well need to withdraw his bid, thereby adversely affecting the City's ability to realize an economic return from this land in the short term. Also, please note that the attached legislation, under "home rule" authority granted by the Revised Dublin Charter, waives the formal advertising and competitive bidding requirements specified in Chapter 721 of the Ohio Revised Code. Section 721.03 of the O.R.C. requires all bid notices for the lease of municipal land to be advertised once a week for five (S) consecutive weeks. Chapter 37 of the Dublin Codified Ordinances ("Contracting and Competitive Bidding') requires that bid notices be advertised only once; however, Chapter 37 governs the procurement of goods and services and contains no provision for the sale or lease of land. Staff advertised the bid notice and conducted formal competitive bidding; however, the bid notice was only advertised once. Given that Chapter 37 of the Dublin Codified Ordinances is silent on the sale or lease of land and, therefore, Section 721.03 of the O.R.C. governs, the attached legislation contains a provision to waive the five (5) week advertising requirement specified in Section 721.03 of the O.R.C. The Law Director has determined that again, under the "home rule" authority granted by the Dublin Revised Charter, such waiver is defensible. TCH/DLH/DLM/ksf Attachments t~+tte~.~tu~n~se.~ CITY OF DUBLIN DIVISION OF HUMAN RESOURCES /PROCUREMENT BID TABULATION FORM Bid Project: Cosgray Land Rental (Agricultural Purposes) Bid Opening Date, Time, & Location: Friday, Apri13,1998, 3:00 p.m., Dublin Municipal Building Bidder Bid Price /Acre Cro Dennis Wuertz $116.00 Corn /Soy Beans Bill & Bob Thomas $111.00 Corn /Soy Beans Gene Smart $110.50 Corn Rick Miller $102.50 Corn /Beans Gary Becker $102.00 Soy Beans c~pa~en6 oe~.ups~~4~voia.mem ,~~