Explanation
The City of Columbus is engaged in the acquisition of certain real property interests for the Arterial Street Rehabilitation-Karl Road/SR16-Shrock Road project. 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 Arterial Street Rehabilitation-Karl Road/SR161 - Schrock Road project.
Fiscal Impact: It has been determined that Funding for this project will come from the Department of Public Service, Division of Design and Construction, Streets, Highway G.O. Bonds Fund and the Build America Bonds Funds.
Emergency Justification: Emergency action is requested to allow the appropriation and subsequent acquisition of right-of-way necessary to the project to proceed without delay, thereby preserving the public peace, property, health and safety of those individuals living and traveling within the project area.
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 for the Arterial Street Rehabilitation-Karl Road/SR161 - Schrock Road project, to authorize the expenditure of $19,880.00 from the Public Service Department, Streets, Highway G.O. Bonds Fund and the Build America Bonds Funds; and to declare an emergency. ($19,880.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Arterial Street Rehabilitation-Karl Road/SR161 - Schrock Road project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0138X-2012, on the 16th day of July, 2012, 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 Public Service Department, Division of Design and Construction, 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 peace, property, health and safety; 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 4 hereof, as are fully described in Resolution No. 0138X-2012, adopted on the 16th day of July, 2012, said descriptions being incorporated herein, be appropriated for the public purpose of the Arterial Street Rehabilitation-Karl Road/SR161 - Schrock Road project, #530103-100015, 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, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose and that the City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.
Section 3. That the Council of the City of Columbus hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus hereby declares the value of said fee simple title and /or lesser interests as follows:
1. 10T Claire Acquisitions, LLC $8,615.00
2. 12T HK New Plan Karl Plaza LP $1170.00
3. 24T Amir Ghamat-Rezai $300.00
4. 25T Sherbrook Apts. of Columbus Ltd. $300.00
5. 31T Coughlin Holdings, LTD $300.00
6. 32T Florence A. Baquet, Trustee $8,675.00
7. 33T Newcastle Investment Group LLC $520.00
Section 5. That the City Attorney is hereby authorized to file complaints for appropriation of real property, in the Franklin County Court of Common Pleas, 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 6. That the expenditure of $19,880.00, or so much thereof as may be necessary, from the Streets, Highway G.O. Bonds Fund and the Build America Bonds Funds, 704 Fund, Dept. /Div. 59-09; Project No. 530103-100015; OCA Code 740315; Object Level Three 6601, Auditor Certificate(s) #AC033397, for acquisition costs related to the aforesaid purpose is hereby authorized and placed on a separate Auditor's Certificate to be expended.
Section 7. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
Section 8. 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.