Explanation
The Public Service Department, Transportation Division has recently completed the reconstruction and widening of Lane Avenue from a point 700 feet west of Olentangy River Road to a point 500 feet east of North High Street. As a part of the acquisition related activities on this project the City Attorney's Office filed a case in the Franklin County, Ohio, Court of Common Pleas for acquisition of Parcel 42 WD, T. The City Attorney's Office, Real Estate Division settled Court Case 02CVH-09-9701 on June 26, 2006. At this time an additional $253,000.00 is needed to pay the court-approved settlement costs associated with this case. This legislation authorizes the City Attorney to expend an additional $253,000.00 or so much thereof as may be necessary to complete the acquisition of Parcel 42 WD, T.
Fiscal Impact: Additional court-approved settlement costs associated with the acquisition of Parcel 42 WD, T of the Lane Avenue Widening and Improvement project total $253,000.00. Funds for this settlement are available within the State Issue Two Street Projects Fund in the Lane Avenue project. This legislation appropriates the necessary funds and authorizes this expenditure.
Emergency action is requested to allow eminent domain-related acquisition activities for this parcel to be completed as soon as possible to bring closure to this court-approved settlement.
Title
To appropriate $253,000.00 within the State Issue Two Street Projects Fund; to authorize the City Attorney to expend an additional $253,000.00 for acquisition activities for the Lane Avenue Improvement project from the Issue Two Street Projects Fund for the Transportation Division and to declare an emergency. ($253,000.00)
Body
WHEREAS, the Public Service Department, Transportation Division has recently completed the reconstruction and widening of Lane Avenue from a point 700 feet west of Olentangy River Road to a point 500 feet east of North High Street; and
WHEREAS, as a part of the acquisition-related activities on this project the City Attorney's Office filed a case in the Franklin County Court of Common Pleas for acquisition of Parcel 42 WD, T; and
WHEREAS, the City Attorney's Office, Real Estate Division, settled Court Case 02CVH-09-9701 on June 26, 2006; and
WHEREAS, an additional $253,000.00 is needed at this time to pay the court-approved settlement costs associated with this case; and
WHEREAS, this legislation authorizes the City Attorney to expend an additional $253,000.00, or so much thereof as may be necessary, to complete the acquisition of Parcel 42 WD, T; and
WHEREAS, funds are available within the State Issue Two Street Projects Fund but must be appropriated to pay for said eminent domain-related settlement costs; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the City Attorney to pay these costs as soon as possible to bring closure to this Franklin County Common Pleas Court-approved settlement, thereby preserving the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That from the unappropriated balance in Fund 764, the State Issue Two Street Projects Fund, and from all monies anticipated to come into said Fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006, the sum of $253,000.00 be and hereby is appropriated to Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 590410 and Grant 590410.
SECTION 2. That the monies appropriated in the foregoing Section 1 shall be paid upon the order of the Public Service Director and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 3. That the City Attorney be and hereby is authorized to expend $253,000.00 or so much thereof as may be necessary to complete the acquisition of Parcel 42 WD, T for the Lane Avenue Improvement project for the Transportation Division.
SECTION 4. That the expenditure of an additional of $253,000.00 or so much thereof as may be necessary be and hereby is authorized from Fund 764, the State Issue Two Street Projects Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 590410 and Grant 590410 to pay the cost thereof.
SECTION 5. 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 passage if the Mayor neither approves nor vetoes the same.