Explanation
BACKGROUND: The following legislation authorizes the Columbus City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests to real estate necessary for the Arterial Street Rehabilitation - North High Street Flint to County Line Project (PID 530103-100013).
FISCAL IMPACT: It was determined that funding for this project will come from the Department of Public Service, Division of Design and Construction, Build America Bonds Fund.
EMERGENCY JUSTIFICATION: Emergency action is requested to allow the appropriation and subsequent acquisitions necessary for the project to proceed without delay, which will preserve the public peace, property, health, safety, and welfare of those individuals living and traveling within the project area.
Title
To authorize the Columbus City Attorney to file complaints for the appropriation of fee simple title and lesser real property interests necessary for the Arterial Street Rehabilitation - North High Street Flint to County Line Project (PID 530103-100013); to authorize the expenditure of One Hundred Forty Six Thousand Four Hundred Four and 00/100 U.S. Dollars ($146,404.00) from the Department of Public Service, Build America Bonds Fund; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio ("City"), an Ohio municipal corporation, is engaged in the acquisition of certain real property interests for the Arterial Street Rehabilitation - North High Street Flint to County Line Project (PID 530103-100013); and
WHEREAS, the City's Council adopted Columbus City Resolution № 0084X-2012, which passed on May 7th, 2012, and also adopted Columbus City Resolution № 0170X-2012, which passed on October 24th, 2012, each declaring the necessity and intent to appropriate the real property interests described in this legislation; the purpose of the appropriation and notice of the adoption of these resolutions were served according to Columbus City Code section 909.03; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, in that it is necessary to appropriate the real property interests so there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The fee simple title and lesser real property interests in the parcels listed in Section 4 of this legislation, as are fully described in Columbus City Resolution № 0084X-2012, which passed on May 7th, 2012, and Columbus City Resolution № 0170X-2012, which passed on October 24th, 2012, which those descriptions are incorporated into this legislation, be appropriated for the public purpose of the Arterial Street Rehabilitation - North High Street Flint to County Line Project (PID 530103-100013), pursuant to the power and authority granted to the City of Columbus, Ohio ("City"), by the Constitution of the State of Ohio; Ohio Revised Code sections 715.01, 717.01, and 719.01 through 719.02; Charter of the City of Columbus, Ohio; and Columbus City Code (1959), Chapter 909.
SECTION 2. The City's Council declares the appropriation of the real property interests are necessary for the stated public purpose and the City of Columbus, Ohio, was unable to agree with the owner(s) regarding the amount of just compensation paid by the City of Columbus, Ohio.
SECTION 3. The City's Council declares its intention to obtain immediate possession of the real property interests described in this legislation for the Arterial Street Rehabilitation - North High Street Flint to County Line Project (PID 530103-100013).
SECTION 4. The Council of the City of Columbus, Ohio, declares the value of the fee simple title or lesser real property interests, or both, as follows:
Parcel Property Owner Amount
1) 99 SL1, SL2, CH, T, T2 Ronald Foth $63,385.00
2) 101 SL, CH, T The Sanctuary Master Association $14,190.00
3) 111 WD, T Orchard Knoll Operating Associates $68,829.00
Limited Partnership
SECTION 5. The Columbus City Attorney is authorized to file complaints for appropriation of real property in the appropriate Court of Common Pleas and to have a jury impaneled to inquiry and assess the just compensation to be paid for the foregoing described real property interests.
SECTION 6. The expenditure of One Hundred Forty Six Thousand Four Hundred Four and 00/100 U.S. Dollars ($146,404.00), or as much that may be necessary from the Build America Bonds Fund, Fund № 746, Dept./Div. 59-12; PID 530103-100013; OCA Code 760313; Object Level Three 6601, Auditor Certificate № AC032102, as identify by Columbus City Ordinance № 0387-2011, for acquisition costs related to the purposes stated in this legislation is hereby authorized.
SECTION 7. The City intends that this ordinance constitute an "official intent" for purposes of Treasury Regulations Section 1.150-2(e) promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 8. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 9. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 10. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 11. For the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.