EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing E. Broad Street Improvements Phase 1 (Project No. 530103-100061) (PID 105734) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of East Broad Street east of I-270 to Outerbelt Street, (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Numbers 1428-2021 and 3003-2023 authorizing the City Attorney to acquire the Real Estate. Additionally, the City adopted Resolution 0234X-2022 establishing the City’s intent to appropriate the Real Estate. The temporary easements described herein constitute 18-month renewals of previously granted temporary easements covering the same areas that were originally listed in Resolution 0234X-2022. 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.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project without unnecessary delay, and meet all of the requirements of Ohio Revised Code Section 163 and 719 and City Code 903 prior to the Project clear date of October 1, 2026, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the E. Broad Street Improvements Phase 1 Project, and to declare an emergency. ($0.00)
BODY
WHEREAS, the City intends to improve certain public right-of-way by allowing the Department of Public Service (“DPS”) to engage in the E. Broad Street Improvements Phase 1 (Project No. 530103-100061) (PID 105734) (“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 East Broad Street east of I-270 to Outerbelt Street (“Real Estate”) in order to complete the Public Project; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of public right-of-way and associated appurtenances which will be open to the public without charge; and
WHEREAS, 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; and
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to acquire the Real Estate in order to prevent unnecessary delay in completing the public project, and meet all of the requirements of Ohio Revised Code Section 163 and 719 and City Code 903 prior to the Project clear date of October 1, 2026, all for the immediate preservation of the public health, peace, property, safety and welfare; and now, therefore:
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City, pursuant to the City’s Charter, Columbus City Revised Code, Chapter 909 (1959), Constitution of the state of Ohio, and Ohio Revised Code, Chapter 719, declares the necessity and intent to appropriate and accept the fee simple title and lesser real estate to the following listed parcels (“Real Estate”), which are fully described in their associated exhibits and incorporated into this resolution for reference, in order for the Department of Public Service (“DPS”) to complete the E. Broad Street Improvements Phase 1 (Project No. 530103-100061) (PID 105734) (“Public Project”).
(Exhibit) … (Public Project Parcel Identification) … (Real Estate)
1) 19-T (18 Month Temporary Easement)
2) 20-T1 (18 Month Temporary Easement)
3) 20-T2 (18 Month Temporary Easement)
4) 21-T (18 Month Temporary Easement)
5) 23-T (18 Month Temporary Easement)
6) 25-T (18 Month Temporary Easement)
SECTION 2. That the City Attorney is authorized to cause a written notice of this resolution’s adoption to be served in the manner provided by law upon the owner(s), person(s) in possession, or person(s) possessing a real or possible real property interest of record in the Real Estate.
SECTION 3. That the Real Estate’s acquisition will help make, improve, or repair certain portions of public right-of-way and associated appurtenances which will be open to the public without charge.
SECTION 4. That this resolution, for the reasons stated in the preamble, which are made a part of this resolution and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this resolution’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this resolution.