City of Columbus - File #: 0120X-2023

• File #: 0120X-2023
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 6/9/2023
• In control: Public Utilities Committee
• On agenda: 7/17/2023
• Final action: 7/21/2023
• Title: To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Inflow Redirection - Noble & 4th Street Project; ($0.00)

Date	Ver.	Action By	Action	Result
7/21/2023	1	CITY CLERK	Attest
7/20/2023	1	ACTING MAYOR	Signed
7/17/2023	1	Columbus City Council	Adopted	Pass
7/17/2023	1	COUNCIL PRESIDENT	Signed
7/10/2023	1	Columbus City Council	Read for the First Time

EXPLANATION

BACKGROUND: The City’s Department of Public Utilities (“DPU”) is performing the Inflow Redirection - Noble & 4^th Street Project (project number 650790-100000) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of East Noble Street between South 4^th Street and South 5^th Street (collectively, “Real Estate”) in order for DPU to timely complete the Public Project. The City passed Ordinance Number 0177-2022 authorizing the City Attorney to acquire the Real Estate. Accordingly, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation.

CONTRACT COMPLIANCE: Not applicable.

FISCAL IMPACT: Not applicable.

EMERGENCY JUSTIFICATION: Not Applicable.

TITLE

To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Inflow Redirection - Noble & 4^th Street Project; ($0.00)

BODY

WHEREAS, the City intends to improve certain public sewer infrastructure by allowing the Department of Public Utilities (“DPU”) to engage in the Inflow Redirection - Noble & 4^th Street Project (project number 650790-100000) (“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 East Noble Street between South 4^th Street and South 5^th Street (“Real Estate”) in order to complete the Public Project; and

WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of public sewer infrastructure and associated appurtenances; and

WHEREAS, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation; and now, therefore:

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1.                     That the City, 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, declares the necessity and intent to appropriate and accept the fee simple title and lesser real estate to the following listed parcels (“Real Estate”), which are fully described in their associated exhibits and incorporated into this resolution for reference, in order for the Department of Public Utilities (“DPU”) to complete the Inflow Redirection - Noble & 4^th Street Project (project number 650790-100000)  (“Public Project”).

(Exhibit) … (Public Project Parcel Identification) … (Real Estate)

1)                     1-T                     (12 Month Temporary Easement)

2)                     2-T                     (12 Month Temporary Easement)

3)                     3-T                     (12 Month Temporary Easement)

4)                     4-T                     (12 Month Temporary Easement)

5)                     5-T                     (12 Month Temporary Easement)

6)                     6-T                     (12 Month Temporary Easement)

SECTION 2.                     That the 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 Real Estate.

SECTION 3.                     That this resolution shall take effect and be in full force and effect from and after the earliest period allowed by law.