EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Georgesville at Hall Road Intersection Improvements Project (PID 104704) (Project No. 530086-100041) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Georgesville Road and Hall Road (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 2547-2021 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0042X-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 right-of-way located within the City of Columbus 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 0042X-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 Streets and Highways GO Bond Fund, Fund Number 7704 pursuant to existing Auditor’s Certificate ACDI002087-10.
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 in order to meet the right-of-way clear date of February 16, 2024, 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 the remaining fee simple and lesser real estate necessary to timely complete the Georgesville at Hall Road Intersection Improvements Project; to authorize an expenditure of up to $92,206.00 from the Streets and Highways General Obligation Bond Fund; and to declare an emergency. ($92,206.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Georgesville at Hall Road Intersection Improvements Project (PID 104704) (Project No. 530086-100041) (“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 the public right-of-way of Georgesville Road and Hall Road within the City of Columbus (the "Real Estate"); and
WHEREAS, the City, pursuant to the passage of Ordinance Number 2547-2021 and the adoption of Resolution Number 0042X-2023, 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 the public right-of-way located in the within the City of Columbus which will be open to the public without charge; and
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, all for the immediate preservation of the public peace, property, health, and safety; 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 Four (4) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0042X-2023 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of the Department of Public Service (“DPS”) timely completing the Georgesville at Hall Road Intersection Improvements Project (PID 104704) (Project No. 530086-100041) (“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 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
OWNER ADDRESS
Parcel 2-SH1, SH2 FMVE: ($49,756.00)
TRB Columbus LLC
c/o ACFB Incorporated, Reg. Agent
200 Public Square, Suite 2300
Cleveland, Ohio 44114
Newbridge Condominium Association
Address unknown
Notice by Publication dates: October 18, 2023, October 25, 2023, and November 1, 2023
Richard B. Rienhard, (Dec’d)
Address unknown
Notice by Publication dates: October 18, 2023, October 25, 2023, and November 1, 2023
John A. Rienhard
Address unknown
Notice by Publication dates: October 18, 2023, October 25, 2023, and November 1, 2023
Clement M. Rienhard, Jr.
Address unknown
Notice by Publication dates: October 18, 2023, October 25, 2023, and November 1, 2023
Parcel 5-T FMVE: ($739.00)
Custom Built Homes, Inc.
c/o Dimitrios G. Hatzifotinos, Reg. Agent
1160 Goodale Boulevard
Columbus, Ohio 43212
Parcel 18-WD FMVE: ($41,711.00)
Georgesville 270 LLC, Retail Deveolpments
a.k.a. Georgesville 270 LLC
Address unknown
Notice by Publication dates: September 15, 2023, September 22, 2023, and September 29, 2023
Richard B. Rienhard, (Dec’d)
Address unknown
Notice by Publication dates: September 15, 2023, September 22, 2023, and September 29, 2023
John A. Rienhard
Address unknown
Notice by Publication dates: September 15, 2023, September 22, 2023, and September 29, 2023
Clement M. Rienhard, Jr.
Address unknown
Notice by Publication dates: September 15, 2023, September 22, 2023, and September 29, 2023
SECTION 5. 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 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public right-of-way located in the vicinity of Georgesville Road and Hall Road, 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 Ninety-six Thousand Two Hundred Six and 00/100 U.S. Dollars ($96,206.00), or so much as may be needed, from the Streets and Highways General Obligation Bond Fund, existing Auditor’s Certificate ACDI002087-10.
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, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.