EXPLANATION
BACKGROUND: The City’s Department of Public Utilities (“DPU”) is performing the Petzinger Road Stormwater System Improvements Project, Project No. 610739-100000 (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Petzinger Road between Courtright Road and Gaylord Place (collectively, “Real Estate”) in order for DPU to timely complete the Public Project. The City passed Ordinance Number 0575-2022 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0165X-2023 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public sewer infrastructure in the vicinity of Petzinger Road between Courtright Road and Gaylord Place.
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 0165X-2023. 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 acquire the Real Estate is available through the Storm Sewer Bond Fund, Fund Number 6204 pursuant to existing Auditor’s Certificate ACDI001729-10.
EMERGENCY JUSTIFICATION: Not applicable.
TITLE
To authorize the City Attorney to file complaints in order to appropriate and accept the remaining fee simple and lesser real estate necessary to timely complete the Petzinger Road Stormwater System Improvements Project; and to authorize an expenditure of $1,200.00 from the Storm Sewer Bond Fund. ($1,200.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain portions of the public water infrastructure by completing the Petzinger Road Stormwater System Improvements Project, Project No. 610739-100000 (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real estate located in the vicinity of Petzinger Road between Courtright Road and Gaylord Place; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 0575-2022 and the adoption of Resolution Number 0165X-2023, intends to authorize the City Attorney to spend City funds and file the necessary complaints to 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 the public sewer infrastructure in the vicinity of Petzinger Road between Courtright Road and Gaylord Place; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the fee simple and lesser real estate associated with the project parcel numbers listed in Section Three (3) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0165X-2023 and incorporated into this ordinance for reference as if rewritten, and (ii) to be appropriated and accepted for the public purpose of the Department of Public Utilities (“DPU”) timely completing the Petzinger Road Stormwater System Improvements Project, Project No. 610739-100000 (“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 declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER
OWNER ADDRESS
Parcel 11T (FMVE $300.00)
Exceptional Home Rentals, LLC
c/o Jackie Randolph-McNeary
8427 Alderpoint Terrace NW
Pickerington, Ohio 43147
Parcel 17T (FMVE $300.00)
Antranik Baghasarian
1615 West Lincoln Avenue
Montebello, California 90640
Parcel 20T (FMVE $300.00)
Larry R. Higman, Trustee
3 Highland Road
Princeton, New Jersey 08540
Parcel 23T (FMVE $300.00)
Kevin L. Armstrong and Shaun C. Armstrong
2133 Glenbrook Drive
Columbus, Ohio 43232
SECTION 4. That the City Attorney is authorized to file petitions necessary to appropriate 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 5. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public water infrastructure in the vicinity of Petzinger Road between Courtright Road and Gaylord Place and associated appurtenances.
SECTION 6. 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 Two-Hundred and 00/100 U.S. Dollars ($1,200.00), so much as may be needed from existing Auditor’s Certificate ACDI001729-10, from the Storm Sewer Bond Fund.
SECTION 7. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 8. That this ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.