AGENDA 4-15-2014

ORDINANCE NO. O2014-18

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT BETWEEN THE CITY AND TOAST OF THE TOWN EVENTS, LLC
FOR THE SALE OF CITY OWNED PROPERTY AND DECLARING AN
EMERGENCY.

WHEREAS, the City owns certain real property more commonly known as the
Bank One Building, located at 2 South Main Street; and

WHEREAS, Toast of the Town Events, LLC has offered to purchase said
property; and

WHEREAS, the City is willing to sell the property at the offered price;

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:

Section 1

The City Manager, without complying with the procedures of Chapter 721 of
the Ohio Revised Code or the procedures set forth in Ordinance No. 02002-87, is
hereby authorized to enter into a contract with Toast of the Town Events, LLC for the
sale of the real property located at 2 South Main Street known as the Bank One
Building. The contract shall be in a form substantially similar to Attachment “1”
hereto, and shall be acceptable to the City as approved by the Law Director and City
Manager.

Section 2

This Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth
in this ordinance and the provisions of Chapter 721 of the Ohio Revised Code and
Ordinance No. 02002-87 shall not be applicable to the award and execution of the
aforesaid contract.

Section 3

The City Council hereby determines that the property to be transferred by the
City is not presently needed for any municipal purposes.

Section 4

It is hereby determined that the subject matter of this legislation is not of a
general and permanent nature, does not provide for a public improvement and does
not assess a tax or payment.

Section 5

This ordinance is declared to be an emergency measure necessary for the
immediate preservation of the public health, safety and general welfare, to wit: to
permit the prompt transfer so the purchaser can begin renovation as quickly as
possible, and shall take effect and be in force from and after the earliest time
permitted by law.


______________________________
Lawrence P. Mulligan, Jr., Mayor


Adopted:___________________


Attest:_____________________
Clerk of City Council
H:/Law/leg/2014 Leg/O Sale of Property to Toast of the Town Events (Bank One).doc
Secti

Doug Adkins could easily be disbarred for his lie

Here's the Canon of Conduct- if they do nothing, they are truly making a mockery of ethical behavior.

 IV. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

RULE 4.1: TRUTHFULNESS IN STATEMENTS TO OTHERS

In the course of representing a client a lawyer shall not

knowingly do either of the following:

(a) make a false statement of material fact or law to a third person;

(b) fail to disclose a material fact when disclosure is necessary to avoid assisting an illegal or fraudulent act by a client. Comment Misrepresentation

[1]

A lawyer is required to be truthful when dealing with others on a client’s behalf.

A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. For dishonest conduct that does not amount to a false statement or for misrepresentations by a lawyer other than in the course of representing a client, see Rule 8.4.

Statements of Fact

[2]

This rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact.

Estimates of price or value placed on the subject of a transaction and a party’s intentions as to an acceptable settlement of a claim are ordinarily in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud.

Lawyers should be mindful of their obligations under applicable law to avoid criminal and tortious misrepresentation.

Purchase Price: 

The City paid $275,000 for the Cinergy Building, First National building, Masonic Temple, and 

the Bank One building. The City received $202,000 from Higher Education Partners for the 

purchase of Cinergy. The sale of Bank One more than recoups taxpayer money used to fund the 

initial purchase of all of these buildings. 

OOOPS…Once again City Hall has forgotten what really happened with this deal of desperation. City Hall also gave Cincy State the Senior Citizen Building that was valued at $350,000 with the hope of a smaller Culinary School here in Middltown. Then later City Hall gave Cincy State the First National Bank Building. What was the value of this building?

Original Purchase Price by City: $275,000 for all buildings 

Less Cinergy purchase by HEP: -$202,000 

Deficit: ($ 73,000) 

Purchase price to City for Bank One: $ 135,000 

SUBJECT  1  

Net to City from all purchase/sale transactions: $+62,000
+ $62,000?…Well this logic and math magic explains why Middletown is going broke

Speaking of HEP, how are they taking the reduction in the student forecast to be less than 3,000 5 years out, when they needed 5000 for break-even? State augmenting their loss?

Now now Acclaro
I’m sure that City Hall can do some more magic math to explain this little shortage of students from 5,000 to 3,000. 
After all HEP has not even finished the rehab of the CG&E building yet.

OATH OF OFFICE

       I, ___________________________________, do solemnly swear that I support the Constitution and laws of the United States and of the State of Ohio, and the Charter and Ordinances of the City of Middletown; that I will not make or authorize expenditures of public money other than for adequate consideration and efficient service; and that I will in all respects faithfully discharge the duties of my employment or office for the City of Middletown, Butler / Warren Counties, Ohio

Maybe those at City Hall should read their Oath Of Office again before they vote for the sale of the Bank One Building as Emergency Legislation at the next council meeting.

Mike_Presta wrote: Meanwhile, back at the ranch: That kangaroo court known as the Middletown Historic Commission is hassling the owners of the former Knights of Columbus building on First Avenue, trying to force them to spend a fortune to "restore" their property.  (You can read about this in the workbook for last night's council meeting.)

URBAN CORE DISTRICT

BUILDING ADDITION

1402 FIRST AVE

Ms. Romero introduced the case. Mr. Kohler explained that this building is at the corner of First

Avenue and Curtis Street, being used as a social club. It was formerly a Knights of Columbus meeting hall, originally built as a single family residence.

There is a large auditorium addition on the rear. The current owner has constructed a room addition on the east side of the building with no zoning or building permits or approval from this Commission. A key issue is that they have used vinyl siding as a primary exterior building material. Vinyl siding is allowed in this district but not as a primary material. The auditorium addition was resided some years ago in vinyl siding so there is a substantial amount of vinyl on the building. The owner has not yet provided stamped drawings by a registered architect or engineer as required by the City’s Chief Building Official because this is a commercial building.

The initial examination of the building addition indicates that it may not meet commercial standards.

The question is whether this group can approve the vinyl material, windows, and design. We now have only photographs that do not show much because the building is behind a privacy fence. There is a sliding glass door on the east side and a window on the north side. Ms. Romero suggested tabling this case until there is more information on materials, design, specifications.

Mr. Kohler would like feedback from this group. Ms. Romero said the addition looks like a trailer parked up against the building, it is not in keeping with the style or quality of the building at all. Mr. Kohler wants to be able to relay to the owner the kinds of expectations this group has before he hires an architect. Ms. Romero would like to see a design more in keeping with the building than the addition as built. The first addition, the auditorium, is not up to current district standards either. But it is not visible from the front. Mr. Sauer wondered whether the auditorium addition was originally concrete block. Nobody else recalls what the original material was. Ms. Romero asked whether Mr. Kohler had enough information from this group to take to the owner. Mr. Kohler replied affirmatively. He would mention that the design and the material need to be more sympathetic with the original building, the window and door styles also more in keeping with the original building, the heights of the door and window need to be the same or at least related. Mr. Kohler felt that he needed to get some specific comments from this group to take to the owner before he goes to the expense of hiring an architect. Ms. Romero asked for a motion to table this case. Mr. Sauer made that motion. R. Taylor seconded the motion. The motion passed unanimously by roll call.