EXPLANATION
BACKGROUND:
The City’s Department of Public Service (DPS) is engaged in the Signal Installation - Hague Avenue at Broad Street and Sullivant Avenue (PID 540007-100048) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real property interests located in the vicinity along the right-of-way of Hague Avenue from Broad Street to Sullivant Avenue, Columbus, Ohio 43204 (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 0055-2016 authorizing the City Attorney to acquire the Real Estate. The City also adopted Resolution Number 0112x-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 complete the Signal Installation - Hague Avenue at Broad Street and Sullivant Avenue Public Improvement Project, which will be open to the public without charge.
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 0112x-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. This ordinance is to authorize the City to appropriate the remaining parcels of the Real Estate in order for DPS to timely complete the Public Project.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Funding to appropriate the Real Estate will come from the Streets and Highways Bond Fund pursuant to existing Auditor’s Certificate ACDI000110-10.
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the City Attorney to file complaints in order to immediately appropriate and accept title to certain fee simple and lesser real estate necessary to timely complete the Signal Installation - Hague Avenue at Broad Street and Sullivant Avenue Public Improvement Project; to authorize the City Attorney to spend funds from the Streets and Highways Bond Fund pursuant to an existing Auditor’s certificate; and to declare an emergency. ($1,035.00)
BODY
WHEREAS, the Department of Public Service intends to improve certain public right-of-way by engaging in the Signal Installation - Hague Avenue at Broad Street and Sullivant Avenue (PID 540007-100048) Public Improvement Project (i.e. Public Project); and
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser property interests located in the vicinity of the right-of-way of Hague Avenue from Broad Street to Sullivant Avenue, Columbus, Ohio 43204 (i.e. Real Estate) in order to complete the Public Project; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 0055-2016 and adoption of Resolution Number 0112x-2016, intends to authorize the City Attorney to spend City funds and file the necessary complaints to immediately appropriate and accept title to the remainder of the Real Estate; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of Hague Avenue’s public roadway and associated appurtenances, which will be open to the public without charge; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Service in that it is immediately necessary to authorize the City Attorney to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That the fee simple and lesser real estate associated with the project parcel numbers listed in Section Four (4) of this ordinance (i.e. Real Estate) are (i) fully described in Resolution Number 0112x-2016 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of DPS timely completing the Signal Installation - Hague Avenue at Broad Street and Sullivant Avenue (PID 540007-100048) Public Improvement Project (“Public Project”).
SECTION 2. That the City declares, pursuant to the City's power and authority under the Ohio Constitution, Ohio Revised Code Sections 715.01, 717.01, 719.01, and 719.02, the City's Charter, and Columbus City Code Chapter 909, the appropriation of the Real Estate is necessary for the Public Project, because the City was unable to locate the Real Estate’s owner(s) or agree in good faith with the Real Estate’s owner(s) regarding the amount of just compensation to be paid by the City for the Real Estate.
SECTION 3. That the City intends to obtain immediate possession and title of the Real Estate for the Public Project.
SECTION 4. That the City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER(S)
OWNER ADDRESS(ES)
6-WD ($315.00)
Sullivant Ave 19 LLC
3417 Main Highway, Suite 622 Coconut Grove, FL 33133
7-WD ($720.00)
United Dairy Farmers, Inc
3955 Montgomery Road, Cincinnati, OH 45215
TOTAL………$1,035.00
SECTION 5. That the City Attorney is authorized to file the necessary complaints to appropriate and accept title to the Real Estate in the appropriate court of common pleas and impanel a jury to inquire and assess the amount of just compensation for the Real Estate.
SECTION 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of Hague Avenue’s public roadways and associated appurtenances, which will be open to the public without charge.
SECTION 7. That the City Attorney, in order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, is authorized to spend up to One Thousand Thirty-five, and 00/100 U.S. Dollars ($1,035.00), or so much as may be needed from existing Auditor’s Certificate ACDI000110-10 established by Ordinance Number 0055-2016.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. That this ordinance, for the reasons stated in the preamble of this ordinance, which are fully incorporated into this ordinance as if rewritten, 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 (10) days after its passage if the Mayor neither approves nor vetoes this ordinance.