Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Norton Road -Broad to Hall Road Project.
Fiscal Impact: N/A
Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to be in compliance with the requirements set forth by the Ohio Department of Transportation.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary the Norton Road -Broad to Hall Road Project, and to declare an emergency
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Norton Road -Broad to Hall Road Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 284X-2003, on the 14th day of July, 2003, declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Transportation, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That fee simple title and lesser interests in and to the parcels listed in Section 3 hereof, as are fully described in Resolution No. 284X-2003, adopted July 14, 2003, said descriptions being incorporated herein, be appropriated for the public purpose of the Norton Road -Broad to Hall Road Project, #530161 (aka 530865), pursuant to the power and authority granted to the City of Columbus by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
Section 2. That the Council of the City of Columbus hereby declares its intention to obtain immediate possession of the real property interests described in Section1 hereof.
Section 3. That the Council of the City of Columbus hereby fixes the value of the property interests to be appropriated as follows:
1. 68WD, T $1,521.00
Section 4. That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.
Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby 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.