(a) Upon the determination by the Executive that the acquisition of real property, or any interest therein, is necessary for County operations or is otherwise in the public interest, the Executive shall advertise and solicit proposals for real property. Said advertisement shall include (i) a statement of the intended use of the real property, (ii) the size, nature and characteristics of the real property desired, and (iii) any special considerations that must be met in order for the County to acquire the real property. The Executive shall also deliver to the Clerk of Council a copy of said advertisement.
(b) Following the receipt of proposals, the Executive shall evaluate the proposals and may begin negotiations to acquire the real property, or any interest therein, with the owner(s) of one or more of the proposed properties, provided, however, that prior to the commencement of negotiations, the Executive shall provide written notification to the Clerk of Council of the intent to begin negotiations.
(c) Following negotiations, the Executive shall present a written agreement for the purchase or lease of real property, or any interest therein, signed by the seller or lessor, to the Board of Control, together with (i) a statement of the intended use of the real property, (ii) a description of the size, nature and characteristics of the real property, (iii) an appraisal of the property in the event of a purchase and (iv) a comparison of the real property to be acquired with any other proposals received by the Executive. The Board of Control may approve the execution of an agreement for the purchase or lease of the real property, or any interest therein, or may reject the proposed agreement.
(d) Upon approval by the Board of Control, as set forth above, the Council may authorize, by resolution, the Executive to execute any agreement for the purchase or lease of real property, or any interest therein. No agreement for the purchase or lease of real property shall be executed by the Executive without the authorization of Council.
(e) Any real property, or any interest therein, for which no monetary or other consideration of value is given by the County, may be acquired by the County by order of the Executive only and does not need the approval or authorization of the Board of Control or Council. Such acquisition shall be exempt from the requirements of Section 177.15(a) to (d).
(f) Nothing contained herein shall be applied or construed to limit or condition the exercise of the power of eminent domain as set forth in Ohio R.C. Chapter 163. The power of eminent domain shall be exercised in accordance with Ohio R.C. Chapter 163 upon the determination of necessity by resolution of Council.
(g) No provision herein shall be construed to bind or require the County to acquire any real property in the event that the Executive determines the proposals submitted are unsatisfactory or the negotiations are no longer in the best interest of the County.
(h) In lieu of subsections (a) and (b), above, the Executive may enter into a professional service contract pursuant to Section 177.08 of these Codified Ordinances with a real estate agent or broker to assist the Executive in identifying real property for acquisition and negotiating the terms of any acquisition. In such event, the Executive shall obtain the approval of Council to purchase or lease the property in that manner and to enter into the professional service contract, including approval of any fee or commission amounts or structure, prior to the real estate agent or broker providing services to the County. Any professional service contract approved under this subsection shall be approved by the Board of Control and Council prior to the commencement of services by the real estate agent or broker, regardless of the amount of any fees or commissions. Additionally, the Executive shall comply with the provisions of subsection (c) and (d), above, in presenting to the Board of Control and Council any negotiated purchase or lease agreement obtained pursuant to this subsection, and shall obtain the approval of the Board of Control and Council of the same.
(Ord. 2008-108. Adopted 3-17-08; Ord. 2015-436. Adopted 10-26-15.)
(Ord. 2008-108. Adopted 3-17-08; Ord. 2015-436. Adopted 10-26-15.)