Explanation
BACKGROUND: The City of Columbus, Ohio, an Ohio municipal corporation ("City"), is engaged in the acquisition of certain fee simple title and lesser real estate interests (collectively, "Property") for the City's Department of Public Service, Division of Design and Construction, Pedestrian Safety Improvements-Olentangy River Road Shared-use-path (PID 590105-100036) Public Project ("Public-Project"). The City's Council passed City Resolution Number 0019X-2014, and City Resolution Number 0254X-2013, which each declared the City's necessity and intent to appropriate the Property for the Public-Project. Therefore, this legislation authorizes the Columbus City Attorney to file necessary complaints for the appropriation of the Property necessary for the City's Public-Project.
FISCAL IMPACT: The Public-Project's funding will come from the Department of Public Service, Streets & Highways GO Bonds Fund № 704.
EMERGENCY JUSTIFICATION: Emergency action is requested to allow for the appropriation and acquisitions of the Property necessary for the Public-Project to proceed without delay, which will preserve the public peace, property, health, safety, and welfare.
Title
This ordinance: (I) authorizes the Columbus City Attorney to file complaints for the appropriation of fee simple title and lesser real property interests necessary for the City's Department of Public Service, Division of Design and Construction, Pedestrian Safety Improvements-Olentangy River Road Shared-use-path (PID 590105-100036) Public Project; (II) authorizes the expenditure of Thirty-four Thousand, Five Hundred-sixty, and 00/100 U.S. Dollars from the City's Department of Public Service, Streets & Highways GO Bonds Fund; and (III) declares an emergency. ($34,560.00)
Body
WHEREAS, the City is engaged in the acquisition of the Property for the City's Public-Project;
WHEREAS, City's Council passed City Resolution Number 0019X-2014, which declared the City's necessity and intent to appropriate the Property for the Public-Project;
WHEREAS, City's Council passed City Resolution Number 0254X-2013, which also declared the City's necessity and intent to appropriate the Property for the Public-Project;
WHEREAS, the public purpose for this Public-Project's appropriation of the Property and notice of the adoption of the resolutions of this Public-Project were served according to Columbus City Code, Section 909.03;
WHEREAS, an emergency exists in the usual daily operation of the City, because it is necessary to appropriate the Property so there will be no delay in the Public-Project, which immediately preserves the public peace, property, health, safety, and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO ("CITY"):
SECTION 1. The fee simple title and lesser real property interests associated with the parcels of real property interests listed in Section 4 of this ordinance (collectively, "Property") are: (I) fully described in City Resolution Number 0019X-2014 and City Resolution Number 0254X-2013; (II) fully incorporated into this ordinance for reference; and (III) to be appropriated for the public purpose of the City's Department of Public Service, Division of Design and Construction, Pedestrian Safety Improvements-Olentangy River Road Shared-use-path (PID 590105-100036) Public Project ("Public-Project").
SECTION 2. Pursuant to the power and authority granted to the City by the: (I) Ohio Constitution; (II) Ohio Revised Code, Sections 715.01, 717.01, and 719.01-719.02; (III) City's Charter; and (IV) Columbus City Code (1959), Chapter 909, the City's Council declares the appropriation of Property are necessary for the Public-Project, because the City was unable to locate the owner(s) of the Property or agree with the owner(s) of the Property regarding the amount of just compensation to be paid by the City for the Property needed to complete the Public-Project.
SECTION 3. Columbus City Council declares its intention to obtain immediate possession of the Property described in this ordinance for the Public-Project.
SECTION 4. Columbus City Council declares that the fair market value of the Property as follows:
PUBLIC-PROJECT'S PROPERTY OWNERS FMVE AMOUNTS
PARCEL NUMBERS
3-P1, 3-T1, 3-P2, Prospect Wango LLC $14,285.00
3-T2, & 3-P3 c/o The Robert Weiler Company
10 N. High St., Ste 401, Columbus, OH 43215
4-P1, 4-P2, & 4-T Kinsman Hospitality Ltd. $7,990.00
c/o Jeffrey Shannon
Fowler White Boggs P.A.
501 E. Kennedy Blvd, Ste 1700, Tampa, FL 33602
5-P, 5-T, 6-P, & 6-T JAI Guru LLC $8,360.00
c/o Manav Singh
3045 Olentangy River Rd., Columbus, OH 43202
7-P, 7-T1, 7-T2, & 7-T3 Union Cemetery Association $3,925.00
c/o Steve Copeland, Trustee
3349 Olentangy River Rd., Columbus, OH 43202
TOTAL
$34,560.00
SECTION 5. The Columbus City Attorney is authorized to file complaints for appropriation of the Property in the appropriate court of common pleas and impanel a jury to inquire and assess the just compensation to pay for the Property described in this ordinance for the Public-Project.
SECTION 6. For the purpose of paying the cost of this acquisition the sum of up to Thirty-four Thousand, Five Hundred-sixty, and 00/100 U.S. Dollars ($34,560.00) or so much as may be needed, is authorized to be expended from the Streets and Highways GO Bonds Fund as follows, for the Public-Project's costs to appropriate the Property:
Department of Public Service, Division of Design & Construction
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / AC # / Amount
704/590105-100036/Pedestrian Safety Improvement-Olentangy River Road Shared Use Path/06-6601/741536/AC035238/$34,560.00
SECTION 7. The City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 8. For the reasons stated in this ordinance's preamble, which are made a part of this ordinance, 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 this ordinance.