Explanation
Background: The following legislation authorizes the Columbus City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests to real estate necessary for the Arterial Street Rehabilitation - North High Street Flint to County Line Project (Project 530103-100013).
Fiscal Impact: It has been determined that Funding for this project will come from the Department of Public Service, Division of Design and Construction, Build America Bonds Fund.
Emergency Justification: Emergency action is requested to allow the appropriation and subsequent acquisitions necessary for the project to proceed without delay, thereby preserving the public peace, property, health and safety of those individuals living and traveling with 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 - North High Street Flint to County Line Project, to authorize the expenditure of Two Hundred Twenty Five Thousand One Hundred Twenty Four and 00/100 U.S. Dollars ($225,124.00) from the Department of Public Service, Build America Bonds Fund; and to declare an emergency. ($225,124.00)
Body
WHEREAS, the City of Columbus, Ohio, an Ohio municipal corporation, is engaged in the acquisition of certain real property interests for the Arterial Street Rehabilitation - North High Street Flint to County Line Project (Project 530103-100013); and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Columbus City Resolution № 0084X-2012, which passed on May 7th, 2012, declaring the necessity and intent to appropriate the real property interests hereinafter described; the purpose of the appropriation and notice of such adoption of said resolution has been served according to Columbus City Code section 909.03; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, in that it is necessary to appropriate such real property interests so 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, OHIO:
Section 1. That fee simple title and lesser interests in and to the parcels listed in Section 4 hereof, as are fully described in Columbus City Resolution № 0084X-2012, which passed on May 7th, 2012, said descriptions being incorporated herein, be appropriated for the public purpose of the Arterial Street Rehabilitation - North High Street Flint to County Line Project (PID 530103-100013), pursuant to the power and authority granted to the City of Columbus, Ohio, by the Constitution of the State of Ohio; Ohio Revised Code sections 715.01, 717.01, and 719.01 through 719.02; Charter of the City of Columbus, Ohio; and 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 the City of Columbus, Ohio, was 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, Ohio, declares its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus, Ohio, declares the value of said fee simple title or lesser interests, or both, as follows:
Parcel Property Owner Amount
1) 93 S, L Pace-Northwoods Associates LLC $54,124.00
2) 94 T The Ohio School Boards Association $23,765.00
3) 95 S, L NNN Northwoods LLC $19,200.00
4) 96 S, L, T WB Sports of Columbus, LLC $24,450.00
5) 106 T Tim Donut US Limited Inc. $7,545.00
6) 107 T NP 1947 LLC $2,700.00
7) 108 WD, S, L Fairway Acquisitions, LLC $41,328.00
8) 109 S, L Portsmouth Road Properties, LLC $18,710.00
9) 112 WD, S, L, T Thomas 22 Limited $15,317.00
10) 112B S Thomas 5 Limited $2,575.00
11) 113 S, L, T United Dairy Farmers, Inc. $15,410.00
Section 5. That the City Attorney is authorized to file complaints for appropriation of real property, in the appropriate Court of Common Pleas, and to have a jury impaneled to inquiry and assess the just compensation to be paid for the foregoing described real property interests.
Section 6. That the expenditure of Two Hundred Twenty Five Thousand One Hundred Twenty Four and 00/100 U.S. Dollars ($225,124.00), or so much thereof as may be necessary from the Build America Bonds Fund. Fund № 746, Dept./Div. 59-12; Project № 530103-100013; OCA Code 760313; Object Level Three 6601, Auditor Certificate № AC032102, as identify by Columbus City Ordinance № 0387-2011, for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 7. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
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 for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is 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.