HomeMy WebLinkAbout153-00 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 30043
153-00 Passed
Ordinance No ,ui
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGRICULTURAL LEASE FOR CERTAIN
CITY OWNED LAND, AND WAIVING FORMAL BIDDING
REQUIREMENTS OF CHAPTER 721 OF
THE OHIO REVISED CODE
WHEREAS, the City of Dublin owns a 100 acre parcel located adjacent to Darree Field
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
WHEREAS, 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 twice, received three bids, the highest being $117.00 per
tillable acre as submitted by Mr. William and Mr. Robert Thomas.
NOW,~FORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
r~•
Section 1. That pursuant to Section 8.04 of the Revised Dublin Charter, the lease of 100
acre parcel adjacent to Darree Fields Park is hereby authorized as bid and with express
waiver of the requirements of Chapter 721 of the Ohio Revised Code.
Section 2. That the City Manager is authorized to execute an agricultural lease
extending until December 1, 2001 with a 90-day grace period for the subject parcel to Mr.
William and Mr. Robert Thomas at $117.00 per tillable acre with an annual option to renew
this lease by mutual consent of the parties for two, one-year terms beyond the original lease.
Section 3. That this Ordinance shall take effect and be in force on the earliest date
permitted by law.
Passed th' day of ~ , 200/
ayor -Presiding Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this Ordinance/Resolution ware posted in h.
City of Du61in in accordance with Section 73].25 of the ilhio Ravised Coc# .
n ~ v
U.~O~.: e k of Council, Du61in, Ohio
Department of Service
6351 Shier-Rings Road • Dublin, Ohio 43016-1243
CITY OF DUBLIN Phone:614-761-6570 Fax:614-761-6512 Memo
To: All Members Dublin City Council
From: Timothy C. Hansley, City Manager
Initiated by: Dana L. McDaniel, Director of Service
Date: November 27, 2000
Re: Cosgray Land Rental Bid Process
Staff has conducted a formal competitive bid process for the rental of City-owned land adjacent to Darree
Fields (previously known as "stadium land"). The objective of this project involves the rental of 100
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 November 17, 2000. Attached, therefore,
for your consideration is Ordinance No. 153-00 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 three bids ranging from a low of $106.00/acre to a high of $117.00/acre
and the crop to be planted would either be corn or soybeans. Staff would recommend acceptance of the
bid submitted by Mr. William and Mr. Robert Thomas. This bid is $1.00/acre more than the previous lease.
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, 2001, 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 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, 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 ORC requires all bid notices for the lease of municipal land
to be advertised once a week for five (5) 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 twice. 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 ORC governs, the attached legislation contains a
provision to waive the five (5) week advertising requirement specified in Section 721.03 of the ORC. The
Law Director has determined that again, under the "home rule" authority granted by the Dublin Revised
Charter, such waiver is defensible.
DLM/tb
Attachments
CITY OF DUBLIN Bid Tabulation Form
Bid Project: Cosgray Land Rental (Agricultural Purposes)
Bid Opening Date, Time, Location: Friday, November 17, 2000, 1:30 p.m.
Service Complex, 6351 Shier Rings Rd.
Bidder Bid Price/Acre Crop
Dennis Wuertz $107.00 Corn/Soybeans
William and Robert Thomas $117.00 Corn/Soybeans
Gary Becker $106.00 Corn/Soybeans