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HomeMy WebLinkAboutAMENDED Ordinance Page 1 of 1 Will Berg ~"~--."-----~ From: Ted Baird Sent: Tuesday, November 15, 200512:01 PM To: Will Berg; Tara Green; Sharon Smith Cc: Bill Nary Subject: Parking Lot to MDC - Ord 2005 Amended - For Distribution at Tonight's Council Meeting Attachments: Parking Lot to MDC - Ord 2005 Amended.doc Here is the amended ordinance that is on the agenda for this evening. Please post it on the Laser Fiche and see that the Council membe~ receive a printed copy at the meeting. Thanks. 11/15/2005 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THE MERIDIAN DEVEWPMENT CORPORATION CERTAIN REAL PROPERTY LOCATED AT 55 EAST BROADWAY A VENUE IN THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS LOTS 20 AND 21 OF BLOCK 1 OF THE MERIDIAN TOWNSITE, ADA COUNTY, STATE OF IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, by ordinance duly enacted, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and WHEREAS, the Meridian Development Corporation, an Idaho urban renewal agency, has as one of its goals and priorities, the expectation that it will be responsible to provide and manage vehicle parking facilities in the City of Meridian; and, WHEREAS, the City of Meridian owns a vehicle parking lot located at 55 East Broadway, legally described as Lots 20 and 21 of the Meridian Townsite, Ada County, State of Idaho, hereinafter referred to as the "parking lot" and, WHEREAS, the City of Meridian has received a request ITom the Meridian Development Corporation to transfer and convey ownership of the parking lot; and, WHEREAS, on the 26th day of July, 2005 the Meridian City Council approved Resolution No. 05-481 declaring the intent to convey the parking lot to the Meridian Development Corporation and further instructed the City Clerk to establish and notice a public hearing to consider the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: ORDINANCE AUTHORIZING CONVEYANCE OF PARKING LOT TO MDC Page 1 of 2 Section 1. That a public hearing on the proposed conveyance of the parking lot was held at the November 9, 2005 Meeting of the City Council of the City of Meridian. Section 2. That the City Council determined after the public hearing that the parking lot is currently underutilized and that it is in the City's best interest that the parking lot be conveyed to the Meridian Development Corporation without monetary consideration for the purpose of managing a public parking facility. Section 3. That as a condition of the conveyance, the City Council has determined that the deed shall contain a restriction that the parking lot remain in the ownership of a public entity for the purposes of providing a vehicle parking facility open to the public. The deed restriction may be removed in the future .if the City Council determines that it is in the City's best interest to do so. In such instance, the Council shall enact an Ordinance setting forth findings of fact and directing the City Clerk to record a release of the deed restriction in the land records of Ada County, Idaho. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the deed and any other documents necessary to complete the transaction authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2005. of APPROVED by the Mayor of the City of Meridian, Idaho, this , 2005. day APPROVED: MAYOR ATTEST: CITY CLERK ORDINANCE AUTHORIZING CONVEYANCE OF PARKING LOT TO MDC Page 2 of 2