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File #: 0049X-2014    Version: 1
Type: Resolution Status: Passed
File created: 4/3/2014 In control: Public Utilities Committee
On agenda: 4/21/2014 Final action: 4/23/2014
Title: To declare the necessity and intent to appropriate fee simple title and lesser real property interests required for the City’s Department of Public Utilities, Division of Sewerage and Drainage, Williams Road Pump Station Force Main Improvements (CIP 650751-100001) Public Project; and to declare an emergency.
Attachments: 1. 1 (Windmiller Family LP), 2. 2 (Columbus and Southern), 3. 3 (State of Ohio), 4. 4 (Columbus Limestone)
EXPLANATION
BACKGROUND:  This resolution by the City of Columbus, Ohio, an Ohio municipal corporation ("City"), is to declare the City's necessity and intent to appropriate fee simple title and lesser real property interests required to complete the City's Department of Public Utilities, Division of Sewerage and Drainage, Williams Road Pump Station Force Main Improvements (CIP 650751-100001) Public Project ("Public-Project").  Columbus City Ordinance Number 0878-2013 previously authorized the Columbus City Attorney to spend City funds and acquire the real property interests needed for the Public-Project.  Therefore, this resolution declares the City's necessity and intent to appropriate fee simple title and lesser real property interests required to complete the Public-Project.
 
FISCAL IMPACT:       Not applicable.
 
EMERGENCY JUSTIFICATION:      Emergency action is requested to allow for the City's acquisition of certain real property interests for the Public-Project's construction to proceed without delay, which will preserve the public peace, health, property, safety, and welfare.
 
TITLE
To declare the necessity and intent to appropriate fee simple title and lesser real property interests required for the City's Department of Public Utilities, Division of Sewerage and Drainage, Williams Road Pump Station Force Main Improvements (CIP 650751-100001) Public Project; and to declare an emergency.
 
BODY
WHEREAS, the City is engaged in the acquisition of certain real property interests for the Public-Project;
 
WHEREAS, Columbus City Ordinance Number 0878-2013 previously authorized the Columbus City Attorney to spend City funds and acquire the real property interests needed for the Public-Project;
 
WHEREAS, an emergency exists in the usual daily operation of the City, because: (I) it is immediately necessary to declare the City's necessity and intent to appropriate certain fee simple title and lesser real property interests for the Public-Project; (II) so there will be no delay in this Public-Project; and (III) for the immediate preservation of the public peace, property, health, welfare, and safety; NOW, THEREFORE,
 
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1.      Pursuant to the City's Charter, Columbus City Revised Code, Chapter 909 (1959), Constitution of the state of Ohio, and Ohio Revised Code, Chapter 719, this Council declares the necessity and intent of the City to appropriate fee simple title and lesser real property interests to the following listed parcels of real property (collectively, "Properties"), which are: (I) fully described in their associated exhibits; (II) fully incorporated into this resolution for reference; and (III) necessary and required for the City's Department of Public Utilities, Division of Sewerage and Drainage, Williams Road Pump Station Force Main Improvements (CIP 650751-100001) Public Project:
EXHIBIT                 PUBLIC-PROJECT PARCEL
 
(A)                  1
(B)                        2
(C)                        3
(D)                        4
 
SECTION 2.      The Columbus City Attorney is authorized to cause a written notice of this resolution's adoption to be served in the manner provided by law upon the owner(s), person(s) in possession, or person(s) possessing a real or possible real property interest of record in the Properties necessary and required for the Public-Project.
SECTION 3.      For the reasons stated in the preamble of this resolution, which are made a part of this resolution, this resolution 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 this resolution.