26-98 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.
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or -Presiding Officer
ATTEST:
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Clerk of Council
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Cay of D~bi:n in accordance wab Section T31.2S off heDplniorRevised Codeh
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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
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