(a) Acquisition of Property. As authorized by Council and with the approval of the Board of Control where appropriate under the provisions of Ohio R.C. 733.22, the Director of Public Service with the appropriate advice and assistance of the Solicitor, shall cause the necessary steps to be taken to acquire the parcels of land in the project area in accordance with the urban renewal or redevelopment plan, including but not limited to, the negotiation for such parcels, obtaining appraisals, title examinations and reports, executing contracts for any of such services and appropriate documents to transfer title to the City; provided, that in the event appropriation of property is necessary, Council shall initiate and carry out, with the appropriate assistance of the several officers, employees, boards and commissions of the City, the proceedings in accordance with Ohio R.C. Chapter 163. Acquisition may take place at any time after compliance with Sections 181.07
and 181.08
.
(b) City Activities Preparing Property for Disposition. The Director of Public Service shall make the contracts, purchase the supplies and materials and provide the labor, pursuant to and in accordance with the applicable provisions, including the competitive bidding requirements, of Ohio R.C. 735.05 to 735.09, Chapter 153 and Sections 723.52 and 723.53, for such City activities as may be necessary to carry out the urban renewal project, including but not limited to the demolition, rehabilitation or repair of structures (whether voluntarily by the private owners thereof or by the City for demonstration purposes in limited numbers), the removal of pavement, sidewalks, lighting and trees, capping, removal and relocation of City-owned utility lines, grading, construction of site improvements and supporting facilities and the temporary lease, rental or permission to let others use structures or parcels of land while owned by the City, relocation activities and the enforcement of any applicable provisions of law or conforming agreements relative to building, zoning, platting and the repair or rehabilitation of land and structures remaining in private ownership after:
(1) Any necessary appropriations of City moneys and authorization of expenditures by ordinances of Council in accordance with Ohio R.C. Chapter 5705;
(2) Council action, where appropriate, to rezone property, vacate or dedicate streets or other public places and to provide for the establishment and preservation of open space areas pursuant to Ohio R.C. Chapters 711, 713 and 723, and applicable City ordinances;
(3) Approvals and directions of the Board of Control, where appropriate, pursuant to Ohio R.C. 733.22;
(4) Certification of funds by the Auditor, where appropriate, pursuant to Ohio R.C. 5705.41; and
(5) Preparation of or approval of legal form of contracts by the Solicitor.
(c) Disposition of Property. Pursuant to Ohio R.C. 721.01, 721.03 and 721.28, after Council determines that real property is not needed for any Municipal purpose, Council may authorize by ordinance the transfer, lease or conveyance of any real property in accordance with and for the purposes of the plan, subject to such lawful terms, conditions, restrictions and covenants (including covenants running with the land) to assist in carrying out the purposes of the plan. All dispositions of real property shall be at not less than the fair value thereof determined by Council based upon the proposed new uses and restrictions to be imposed thereon under the urban renewal plan by Council through zoning ordinances, private covenant or otherwise. Such determination shall be made only after obtaining independent appraisals of the fair value upon the aforesaid bases, which appraisals shall not be binding upon the City. The manner of disposition shall be prescribed by ordinance, and may be by negotiation, with or without any competitive bidding, and such competition and award of a disposition contract may be based on factors other than price alone. Two weeks publication of notice in a newspaper of general circulation in the City shall be sufficient notice for the taking of competitive bids or of the execution of a disposition contract without competitive bidding. The financial and legal ability of those proposing to acquire or lease such real property shall be considered in all dispositions. The Director of Public Service shall execute, on behalf of the City, such instruments as may be necessary to transfer, lease or convey such real property in the form approved by the Solicitor and authorized by Council, which form shall include all covenants running with the land, including any portions of the plan incorporated by reference. The Director of Public Service shall execute any certificates of completion of improvements or other appropriate instruments, on behalf of the City, that may be necessary in accordance with any covenants in such instruments of lease or conveyance.
(d) Conforming Agreements. If the owner of property in the project area is willing to make the use of his property conform to the urban renewal or redevelopment plan and Council finds and determines that the acquisition of such property by the City will not be necessary if so conformed, the Mayor, upon Council authorization, may enter into a conforming agreement upon such terms and security as may be authorized by Council. The agreement may provide for the acquisition of the property upon continued failure of the property owner to keep his agreement after notice from the City specifying such failure.
(e) Employment of Community Corporations. In the execution of urban renewal or redevelopment projects, Council may authorize, as to any appropriate projects or parts of projects, the employment of community improvement corporations, community redevelopment corporation and metropolitan housing authorities, as defined by the statutes of Ohio, and when authorized by ordinance of Council may grant leases, make conveyances and enter into agreements with such corporations related to appropriate aspects of such projects to the full extent of the powers possessed by such corporations.
(Ord. 5379. Passed 10-22-64.)