AN ORDINANCE PROCEEDING WITH THE PURCHASE OF THE REAL ESTATE KNOWN AS 1030 N. MAIN STREET, KILLBUCK, AUTHORIZING THE MAYOR AND FISCAL OFFICER TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT ADDENDUM AND SETTLEMENT AGREEMENT, AUTHORIZING THE PAYMENT OF $12,138.76 FOR THE PURCHASE PRICE, COSTS, AND EXPENSES, AND DECLARING AN EMERGENCY

WHEREAS, pursuant to Ordinance No. 2021-007, the Council for the Village of Killbuck authorized the purchase of the Property located at 1030 N. Main Street, Killbuck, Ohio 44637 (PPN: 09-00137-000) (the “Property”) by the Village of Killbuck;

WHEREAS, as set forth in Ordinance No. 2021-007, the Village plans to 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;

WHEREAS, pursuant to Ordinance No. 2021-007, the Mayor and Fiscal Officer were authorized to execute a Real Estate Purchase Agreement for the purchase of the Property; 

WHEREAS, the Mayor and Fiscal Officer and Seller of the Property all previously executed the Real Estate Purchase Agreement for the purchase of the Property; and

WHEREAS, closing has been scheduled and the transfer documents have been prepared, and the Village of Killbuck must execute a Real Estate Purchase Agreement Addendum and Settlement Statement, and issue payment for the purchase in the amount of $12,138.76.

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 Village to proceed with the purchase of the Property located at 1030 N. Main Street, Killbuck, Ohio 44637 (PPN: 09-00137-000) by the Village of Killbuck for public use.  As set forth previously in Ordinance No. 2021-007, it is in the public interest for the Village 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 Mayor and Fiscal Officer are hereby authorized to sign and execute the attached Real Estate Purchase Agreement Addendum and Settlement Statement.

SECTION 3. The Village Fiscal Officer is further authorized to issue payment for the purchase price and closing costs and expenses for the purchase of the Property in the amount of $12,138.76, from the Village General Fund.  The amount shall be paid via a wire transfer to the receiving bank The Killbuck Savings Bank Company, with the Monroe Street Title Company Escrow Account as beneficiary for the transaction.

SECTION 4. The Village declares its intent to accept the Deed for the Property to be executed by the Seller in connection with the closing on the Property. 

SECTION 5. 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 closing of the purchase of the Property is scheduled for August 3, 2021.  For that reason, this Ordinance shall be immediately effective upon proper passage by Council.

SECTION 6. 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 2nd day of August, 2021.

SIGNATURES ON FILE