...Explanation
BACKGROUND:
The City’s Department of Public Service (DPS) is performing the Smith Road Sidewalks and Resurfacing (CIP 440005-100046) Public Improvement Project (“Public Project”). The City must acquire title to certain fee simple and lesser real estate located along the public right-of-way in the vicinity of Smith Road from Lockbourne Road to Fairwood Avenue, Columbus, Ohio 43207 (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 0217-2016 authorizing the City Attorney to acquire the Real Estate. The City also adopted Resolution Number 0045x-2016 declaring the City’s (i) public purpose and necessity of the Public Project, and (ii) intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions Smith Road and associated appurtenances, which will be open to the public without charge.
The City passed Ordinance Number 0217-2016 authorizing the City to appropriate certain parcels of Real Estate. This ordinance is to authorize the City to appropriate the remaining parcels of Real Estate in order for DPS to timely complete the Public Project.
The City Attorney, pursuant to Columbus City Code, Section 909.03, served notice to all of the owners of the Real Estate of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution Number 0045x-2016. However, the City Attorney was unable to either locate some of the Real Estate’s owner(s) or agree with some of the Real Estate’s owner(s) in good faith regarding the amount of just compensation.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Funding to appropriate the Real Estate will come from the Streets and Highways Bond Fund #7704 pursuant to existing Auditor’s Certificate ACDI000098-10.
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project w...
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