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401 <br /> <br /> Mr. Tolbert said that the drainage plan approved for this project puts the water in <br />a pipe, but he said there may be other things that can be done on the site. <br /> <br />Mr. Caravati asked if the property is buildable, and Mr. Tolbert said not today. <br /> <br />Mr. Caravati asked if the title to the property is clear, and Mr. Brown said yes. <br /> <br /> Mr. Schilling asked if the property is being actively marketed, and Mr. Tolbert <br />said yes. <br /> <br /> The Resolution Authorizing the <br />approved by the following vote. Ayes: <br />Lynch, Mr. Schilling. Noes: None. <br /> <br />Purchase of 2210 North Berkshire Road was <br />Dr. Brown, Mr. Caravati, Ms. Hamilton, Mr. <br /> <br /> WHEREAS, the City has approached the owner of certain property located at <br />2210 North Berkshire Road ("Property") seeking to acquire such Property for the purpose <br />of installing and constructing certain drainage improvements necessary for the North <br />Berkshire Road Drainage Improvement Project; and <br /> <br /> WHEREAS, the Property is currently owned by Countrywide Home Loans, Inc. <br />("Owner") a corporate entity that acquired the Property in 2004 by Deed of Foreclosure; <br />and <br /> <br /> WHEREAS, the City has received an offer from the Owner's agent, offering to <br />sell the Property to the City for cash compensation of approximately $7,000 and for <br />additional compensation of approximately $12,330.00, in the form of the waiver of <br />certain liens lodged against the Property in favor of the City (together, "Purchase Price"); <br />and <br /> <br /> WHEREAS, staff recommends that the acquisition of this Property would be in <br />the best interests of the City and that the Purchase Price is reasonable and fair <br />compensation for the Property; and <br /> <br /> WHEREAS, the Owner's agent has provided the City Attorney with copies of <br />standard form contracts containing certain provisions that it would propose to govern the <br />purchase/sale of this Property, and this Council has had an opportunity to review those <br />contract documents; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED this 6th day of September, 2005, as <br />follows: <br /> <br /> (1) This Council authorizes staff designated by the City Manager, working with the <br />City Attorney' s office, to negotiate final terms and conditions of a contract for the City to <br />acquire the Property from the Owner. Any such final terms and conditions shall provide <br />for (i) a Purchase Price no greater than $20,000.00 and (ii) other terms and conditions as <br />may be approved by the City Manager and the City Attorney's Office, but which shall be <br />no less favorable to the City than those set forth within the form contract documents that <br />have been reviewed and considered by this Council to date; and <br /> <br /> (2) Upon approval of final terms and conditions of a contract, consistent with the <br />requirements set forth above, this Council hereby designates the City Manager and the <br />City's Chief Financial Officer as persons(s) who are each authorized to execute any <br />contract and all other documents necessary to purchase the Property and complete a final <br />Settlement of this land purchase/sale transaction. <br /> <br />ORDINANCES: RETIREMENT ORDINANCE AMENDMENTS <br /> <br /> Mr. Galloway Beck, Director of Human Resources, said that three amendments to <br />the Retirement Ordinance have been recommended by the Retirement Commission, two <br />of which are specific to public safety employees, one to general employees. He said that <br />funding for the changes for public safety employees are included in the current year's <br />budget. He reviewed the changes as follows: allowing non public safety employees to <br />use all accrued sick leave to determine retirement eligibility; creation of an enhanced <br /> <br /> <br />