AN ORDINANCE AUTHORIZING THE PURCHASE OF THE REAL ESTATE KNOWN AS 1030 N. MAIN STREET, KILLBUCK FOR PUBLIC USE, DECLARING THAT IT IS IN THE PUBLIC INTEREST FOR THE VILLAGE TO ACQUIRE THE TAX-DELINQUENT REAL PROPERTY FOR THE PUBLIC PURPOSE OF REDEVELOPING THE PROPERTY OR OTHERWISE RENDERING IT SUITABLE FOR PRODUCTIVE USE, AUTHORIZING THE MAYOR AND FISCAL OFFICER TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT, AND DECLARING AN EMERGENCY
WHEREAS, the real property located at I 030 N. Main Street, Killbuck, Ohio 44637 (PPN: 09-00137-000) is tax-delinquent and in a dilapidated and deteriorating state (the “Property”);
WHEREAS, the Property is located adjacent to a parking area for the Holmes County Trail, which is a paved multipurpose recreational Trail utilized by the public;
WHEREAS, due to the location of the Property near the Trail, it would be beneficial to the Village of Killbuck and the public if the Property were purchased by the Village and redeveloped and utilized as a recreational and green-space site for Vil)age residents, tourists, and Trail users;
WHEREAS, redeveloping the Property or otherwise rendering it suitable for productive public use will be beneficial to the public including the residents of the Village of Killbuck; and
WHEREAS, the Mayor, Fiscal Officer, and Council for the Village ofbKillbuck have determined that it would be in the public interest for the Village of Kil)buck to purchase, own, redevelop, and maintain the Property.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the Village of Killbuck, Holmes County, Ohio:
SECTION 1. The Council for the Village of Killbuck authorizes the purchase of the Property located at I 030 N. Main Street, Killbuck, Ohio 44637 (PPN: 09-00137-000) by the Village of Killbuck for public use. The Council for the Village of Killbuck further declares that it is in the public interest for it to acquire the tax-delinquent real Property within the Village of Killbuck for the public purpose of redeveloping the Property for a public purpose or otherwise rendering it suitable for productive use. The Village will acquire, redevelop, and maintain the Property so that it may be utilized as a recreational and green-space site for Village residents, tourists, and Holmes County Trail users.
SECTION 2. The terms of the purchase of the Property shall be as set forth in the attached “Real Estate Purchase Agreement.” In addition, as set forth in the Agreement:
The purchase price of the Premises shall be the total balance of any and all encumbrances that may be satisfied by the payment of a fixed sum of money, including but not limited to: unpaid real estate taxes, tax foreclosure case court costs, mortgages, liens and utility charges associated with the property, hereinafter the Monetary Encumbrances. The Monetary Encumbrances are estimated to currently total Ten Thousand Eight Hundred Twenty-Two and 89/l 00 Dollars ($10,822.89).
If the balance of the Monetary Encumbrances is less than $10,822.89 at the time of closing, the Purchase Price shall be adjusted to total the actual balance of the Monetary Encumbrances. If the balance of the Monetary Encumbrances is greater than $10,822.89, but less than $15,000.00, the Purchase Price shall be adjusted accordingly to total the actual balance of the MonetaryEncumbrances without further action needed by the Parties. If the actual balance of the Monetary Encumbrances is more than$ 15,000.00, the Buyer shall have the option to increase the Purchase Price; however, if the Buyer does not agree to
increase the Purchase Price to an amount greater than $15,000.00, the Buyer or Seller may elect to cancel this Agreement or the Seller may proceed with the sale with the Seller paying the remaining balance of the Monetary Encumbrances in excess of $15,000.00.
SECTION 3. The purchase price, together with any cost or expense incurred by the Village of Killbuck in connection with the Property acquisition, including taxes to be paid by the Village after acquiring the Property, shall be paid from the General Fund. The purchase price shall be paid to
“Monroe Street Title Company, Ltd.,” as escrow agent for the transaction.
SECTION 4. The purchase shall be consummated in such manner and on such terms as the Village Solicitor may approve. The deed and title guaranty are to be to the satisfaction of the Village Solicitor.
SECTION 5. The Mayor and Fiscal Officer are hereby authorized to sign and execute the attached Real Estate Purchase Agreement.
SECTION 6. This Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, or safety, for the reason that the Property is in a dilapidated and deteriorating state and because the ‘·Real Estate Purchase Agreement” provides that closing shall be on or before 45 days from the date of the signing of the Agreement, and this Ordinance is necessary to provide full authority for the Mayor and Fiscal Officer to sign the required Agreement, and to make the necessary payment when due. For that reason, this Ordinance shall be immediately effective upon proper passage by Council.
SECTION 7. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
Passed at a meeting of the Village Council this 3rd day of May, 2021.
SIGNATURES ON FILE