33-70 Ordinance
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ORDINANCE NO. 33-10 VILLAGE OF DUBLIN, OHIO
AN ORDINANCE AUTHORIZING THE MA YOR AND CLE~K TO ENTER
INTO AN AGREEMENT ON BEHALF OF THE VILLAGE OF DUBLIN
WITH THE BOARD OF EDUCATION OF THE WASHINGTON LOCAL
SCHOOL DISTRICT AND THE BOARD OF LIBRAR Y TR USTEES OF
THE CO~UMBUS PUBLIC LIBRARY; AND DECLARING AN EMERGENCY.
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l. WHEREAS, the Board of Education of the Washington Local
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School District has agreed to lease certain real estate located within
the Village of Dublin to the Columbus Public Library for a term of five
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(5) years, and .
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WHEREAS, the Board of Library Trustee's of the Columbus Public .
Library has agreed to locate on said leased property a portable library building
. and to operate and maintain said building as a free pub~ic library for said
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term, and
WHEREAS, the Board of Library Trustees of the Columbus Public
; . Library's willingness to relocate its portable library in th~ Village of Dublin
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, . is conditioned upon the payment by the Village of Dublin of the <::ost of
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; preparing the above mentioned site for said library by constructing a
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foundation, providing water to the building and making provisions for the
disposal of sewage waste from the building and providing ingres s, egress
and parking at said site, and
WHEREAS,' Carol S. Kennedy, la te of the Dublin community
made a gift to the Village in the sum of Five Thousand Dollars ($5,000.00)
an~ provided that it would be used and expended by Cou~cil for the purpose
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of encouraging and helping' to establish a public library within the Village,
which money is presently held by the Village in ~, special fund known as
i the Carol S. Kennedy Library or Park Trust Fund, and
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, WHER EAS, Council has determined to use money contained in
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paring ,the site for the re-location of the portable library referred to above.
NOW, THEREFORE, be it ordained by the Council of the Vplage
of Dublin, State of Ohio, G of the number of lhe members elected
thereto concurring:
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SECTION l. That the Mayor and the Clerk be and they are hereby
authorized to enter into an agreement with the Board of Education of the
Washington Local School District and the Board of Library Trustees of the
Columbus Public Library on the terms contained in the instrument attached -
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. . hereto entitled Agreement, which said instrument is hereby made a part of
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L; this ordinance.
SECTION 2. That there be appropriated from the Carol S. Kennedy
Library or Park Trust Fund for. the purpose of preparing the above mentioned
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site for a portable library by constructing a foundation, p'ro'viding water to
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the building, making provisions for the disposal ,of sewage' waste from the
building and providing ingress and egress and parking at said site and for such
other purposes necessary to prepare said site for said portable library, the
entire amount presently in said fund, to-wit: $ S- J. S-.!>~ 0 i- ' or such
part thereof as may be necessary for said purposes.
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I SECTION 3. That this Ordinance be, and the sa~e hereby is, I
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! declared to be an emergency measure necessary'for the immediate
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/ preservation of the public peace, health and safety for the reason that site
preparation must begin immediately in order to secure this library for the
Village of Dublin and that this Ordina~ce shall take effect immediately upon
its passage.
Passed this -Li.. day of ;lJ () t/ IE HillE" f<.. , 1970.
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- Mayor - Presiding'
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AGR EEMENT
This Agreement made and entered into by and between the Board
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1. The Board of Education of the Washington Local
School District agrees that it shall enter into a lease
with the Board of Library Trustees of the Columbus
Public Library in consideration of the payment to it
of $1.00 by the Board of Library Trustees of the
Columbus Public Library leasing to the Board of Library
Trustees of the Columbus Public Library for a period
of five years, renewable on the mutual agreement of
the school and the library, the. following described
real estate:
Being located at the corner of North Street and
North High Street in the Village of Dublin, Ohio, and
measuring from said corner a distance of 165 feet
northerly along said North High Street and measuring
westerly a distance of 80 feet ,along North Street and
being the easterly 80' of Lots Numbers 150, 151
and 152 of the Village of Dublin, Ohio.
2, The Village of Dublin agrees that it will expend
from the Carol S, Kennedy Library or Park Trust
Fund to the extent that money is available in said
fund, such amounts as are necessary to prepare the
above mentioned real estate as a site for the location
of the library building referred to in Paragraph 3
below,there being approximately $5, 000, 00 in said
fund, Expenditures from said fund shall be made
for the construction of a foundation, providing water
to the building, disposing of sewage waster from the
building and providing for ingress and egress and
parking at said sites according to plans and specifications
approved by all parties.
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of Education of the Washington Local School District,a Board of Education
as defined in Title 3313 of the Ohio Revised Code, sometimes hereinafter
referred to as the "School", the Village' of Dublin, a municipal corporation,
sometimes hereinafter referred to as "Village" and the Board of Library
Trustees of the Columbus Public Library, a Board of Library Trustees
as defined in Title 3375 of the Ohio Revised Code sometimes hereinafter
referred to as "Library":
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3.. The Board of Library Trustees of the Columbus
Public Library agrees that as soon as is practicable
after the foundation is constructed on the site mentioned
in Paragraph 1 above, it shall move and locate on
said site its portable library presently located in
Gahanna, Ohio.
The Board of Library Trustees of the Columbus Public
Library further agrees that it shall operate and maintain
said building as a free public library for the term of the
lease mentioned i1i paragraph 1 after completion of utilities
and site, and the extended term, if said lease is extended.
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!~ The Board of Librar}• Trustees of the Columbus Public }
Library does hereby agree L-hat the school may use .
without charge any well located on said property.
4. It is mutually agreed between the pax ties that i
1 ~ no improvements shall be made to the real estate 4
t mentioned in paragraph 1, beyond those things ,
necessary to sustain the operation of the building
mentioned in paragraph 2 above unless subsequently
agreed to by the school board. '
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IN WITNESS WHEREOF, the Board of Education of Washington
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Mary ~nma Bailey its Clerk-Treasurer, duly authorized
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by virtue of Resolution No. passed on the J„Z day of pc~~q,=,1
1970; the VILLAGE OF DUBLIN, by Jack Frambes, its Mayor, and '
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Sherman Sheldon, its Clerk, duly authorized herein by virtue of Ordinance
+ No. ;3370 of the Village of Dublin, passed on the day ofQc~ober
1970• and the Board of Library Trustees of the Columbus Public Library
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by Walter Kropp, its President and Mrs.Rose B. Ferguson, its ~
Secretary, duly authorized herein by virtue of Resolution ~
1970 have '
No. , passed on the 10th day of 'September
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j hereunto set their hands this /D~day of ,~p~_~ ~ , 1970, to
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I -triplicate copies hereof. }
~ Signed and acknowledged
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BOARD OF EDUCATION OF THE
WASHINGTON LOCAL SCHOOL DISTRICT
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,± VILLAGE OF DUBLIN i
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and
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j ~ BOARD OF LIIiR AR Y TR U5 TI~I:/S OF THI;
COLUMBUS PUBLIC LIBRAR Y
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LEASE
This lease, made this 7 day of December
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1970 between
the Board of Education of the Washington Local School District, a Board
of Education as' defined in Title 3313 of the Ohio Revised Code, of Franklin
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County, Ohio, Lessor, and the Board of Library Trustees of the Columbus
Public Library, a Board of library trustees as defined in Title 3375 of
the Ohio Revised Code, of Franklin County, Ohio, Lessee,
WITNESSETH:
That said Lessor, in consideration of the sum of One Dollar
' and other good and valuable consideration, the receipt of which is hereby
acknowledged, and the covenants hereinafter contained by said Lessee
to be performed, hereby leases to the said Lessee the following described
premises situated in the Village of Dublin, County of Franklin and State
of Ohio
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Being located at the corner of North Street and North
High Street in the Village of Dublin, Ohio, and mea-
suring from said corner a distance of 165 feet northerly
along said 1Vorth High Street and measuring westerly
a distance of 80 feet along North Street and being the
easterly 80' of Lots Numbers 150, 151 and 152 of the
i Village of Dublin, Ohio.
TO HAVE AND TO HOLD the same, with the appurtenances,
unto the said Lessee, from the 7 day of December 1970, for
~ and during the full term of five (5) years next ensuing. Provided, however,
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~ that if said Lessee shall fail to keep and perform any of the terms, agree-
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ments and covenants in this lease on Lessee's part to be kept and performed;
it shall be lawful for said Lessor into said premises to reenter and the
same to have again and repossess as in Lessor's first and former estate;
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i' and thereupon this lease and everything therein contained on the said
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~~ Lessor's behalf to be done and performed, shall cease, terminate and
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s be void.
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And said Lessee covenants and agrees with said Lessor as
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follows: That said Lessee will:
1. Operate and maintain on said premises a free
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public library in accordance with the terms of the
contract executed this day between the parties herein
and the Village of Dublin during the entire term of
the lease.
2. Permit the Lessor to use without cost, any well
located on the premises and will maintain such well
in operable and useable condition.
3. Make no improvements to the premises except
those things necessary to sustain the operation of a
portable library, unless the written consent of Lessor
is first obtained.
And said Lessor covenants and agrees ~~vith said Lessee that
said Lessee observing and keeping the covenants of this lease on Lessee's
part to be kept shall lawfully, peacefully and quietly hold and occupy said
premises during said term without any hinderance or molestation by said
Lessor.
It is mutually agreed that the Lessee shall incur no liability for
holding over after the expiration of the term of this lease, unless and until
ninety (90) days notice in writing is given. by Lessor to Lessee to vacate
the premises. .~
IN WITNESS WHEREOF', the President and the Clerk-Treasurer
. ~~ of the Board of Education of the Washington Local School District,
J ~~ the Lessor, by authority of Resolution No, passed by said Board on the
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~! 12 day of OctohAr 1970 and the President and the Secretary of the
j Board of Library Trustees of the Columbus Public Library, the Lessee,
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BOARD OF EDUCATION OF THE ;
WASHINGTON LOCAL SCHOOL DISTRICT
Its President i
and
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UIts Clerk-Treasurer
BOARD OF LIBRARY TRUSTEES OF THE
COLU~~~P B C LIBRARY
By:
and Its resident
•Its Se~etary •
BE IT REMEMBERED that on this? day of December 1970
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the President and the Clerk-Treasurer, respectively, of the
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Board on the 10th day of SentPjnhPr
1970 have hereunto set their
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hands on the day and year first above written, in duplicate.
Signed and aclcno~vledged in
the presence of:
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STATE OF OHIO
COUNTY OF FRANKLIN, SS:
before me the subscriber, a Notary Public, in and for said county, per- I
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sonally came the above named Chiles A. WehAr and Mary Emma Bailey
Board of Education of the Washington Local School District, the Lessor
in the foregoing lease and acknowledged the signing of the same to be their
voluntary act and deed for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, • I have hereunto subscribed my name
and affixed my offical seal on the day and year last aforesaid.
~` ~ Notar}~ Public ( `' "
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FYI y Ods~s'~'1 ~,Y ~`'.~~ ~~ -~ _ ~ `j ` ;
STATE OF OHIO -. - " ~
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_' COUNTY OF FRANKLIN, SS; , ~~ "
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~ BE IT REMEMBERED that on this Lp day of December 1970
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~ before me the subscriber, a Notary Public, in and for said county, per-
Ei 'Walter H. Kropp
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i B. Ferguson the President and Secretary, respectively, of the
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Board of Library Trustees of the Columbus Publzc Library, the Lessee
in the foregoing Lease and ackno`vledged the signing of the same to be
S their voluntary act and deed for the uses and purposes therein mentioned.
'! IN TESTIMONY WHEREOF, I have hereunto subscribed my ~
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`„ ( i name and affixed my seal on the day and year last aforesaid,
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• ti{,~RVEY S. EAGLE
p10TARY pUDLIC, FRi..::('•it1 COUNTY, ONIQI
t ~Y. COMMISSION ;EXPIRES JAN. 25, t?7i - '
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