EXPLANATION
BACKGROUND: The City’s Department of Public Utilities (“DPU”) is performing the Sunbury/Mock Home Sewage Treatment Systems (HSTS) Elimination Project, Project No. 650895-100007 (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Agler Road to approximately 250 feet north of Mock road; along Mock Road from Sunbury Road to Bar Harbor Road; from Glenoak Drive approximately 1,200 feet south along Sunbury Road; and along Glenoak Drive and Sycamore Knoll Drive (collectively, “Real Estate”) in order for DPU to timely complete the Public Project. The City passed Ordinance Numbers 3051-2023 and 3287-2024 authorizing the City Attorney to acquire the Real Estate and Resolution number 0019X-2025 establishing the City’s intent to appropriate 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.
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 0019X-2025. 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 Sanitary GO Bond Fund, Fund Number 6109, pursuant to existing Auditor’s Certificate ACDI002480.
EMERGENCY JUSTIFICATION: Not applicable.
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 Sunbury/Mock Home Sewage Treatment Systems Elimination Project; and to authorize an expenditure of $5,334.00. ($5,334.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public sewer infrastructure by completing Sunbury/Mock Home Sewage Treatment Systems (HSTS) Elimination Project, Project Number 650895-100007) (“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 Agler Road to approximately 250 feet north of Mock road; along Mock Road from Sunbury Road to Bar Harbor Road; from Glenoak Drive approximately 1,200 feet south along Sunbury Road; and along Glenoak Drive and Sycamore Knoll Drive; and
WHEREAS, the City, pursuant to the passage of Ordinance Numbers 3051-2023 and 3287-2024 and the adoption of Resolution Number 0019X-2025, intends to authorize the City Attorney to spend City funds and file the necessary complaints to 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 sewer infrastructure in the vicinity of Agler Road to approximately 250 feet north of Mock road; along Mock Road from Sunbury Road to Bar Harbor Road; from Glenoak Drive approximately 1,200 feet south along Sunbury Road; and along Glenoak Drive and Sycamore Knoll Drive; 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 Three (3) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0019X-2025 and incorporated into this ordinance for reference as if rewritten, and (ii) to be appropriated and accepted for the public purpose of the Department of Public Utilities (“DPU”) timely completing the Sunbury/Mock Home Sewage Treatment Systems (HSTS) Elimination Project, Project No. 650895-100007 (“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 declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER
OWNER ADDRESS
Parcel 7-P, T, T2 (FMVE $5334.00)
Dorcella L. Washington
1947 Sunbury Road
Columbus, OH 43219
SECTION 4. 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 5. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public sewer infrastructure in the vicinity of Agler Road to approximately 250 feet north of Mock road; along Mock Road from Sunbury Road to Bar Harbor Road; from Glenoak Drive approximately 1,200 feet south along Sunbury Road; and along Glenoak Drive and Sycamore Knoll Drive and associated appurtenances.
SECTION 6. 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 Five Thousand Three Hundred and Thirty-four and 00/100 U.S. Dollars ($5,334.00), or so much as may be needed from existing Auditor’s Certificate ACDI002480.
SECTION 7. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 8. That this ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.