EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Arterial Street Rehabilitation - Hudson Street Phase 2- I71 to Cleveland Avenue project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Hudson Street between I-71 and Cleveland Avenue (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Numbers 2822-2019, 2760-2020, and 0216-2021 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0017X-2021 establishing the City’s intent to appropriate the Real Estate. Finally, the City passed Ordinance 3010-2021 authorizing the appropriation of certain Real Estate for the Public Project. This ordinance authorizes the appropriation of additional Real Estate not included in Ordinance 3010-2021. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public right-of-way of Hudson Street between I-71 and Cleveland Avenue which will be open to the public without charge.
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 0017X-2021. 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 Streets and Highways GO Bond Fund, Fund Number 7704 pursuant to existing Auditor’s Certificate ACDI001402-10.
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, which will preserve the public peace, health, property, safety and welfare.
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 Arterial Street Rehabilitation - Hudson Street - I71 to Cleveland Avenue project; to authorize an expenditure of $55,263.00 from existing ACDI001402-10 ; and to declare an emergency. ($55,263.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Arterial Street Rehabilitation - Hudson Street Phase 2 - I71 to Cleveland Avenue project (“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 the public right-of-way of Hudson Street between I-71 and Cleveland Avenue; and
WHEREAS, the City, pursuant to the passage of Ordinance Numbers 2822-2019, 2760-2020, and 0216-2021 and the adoption of Resolution Number 0017X-2021, intends to authorize the City Attorney to spend City funds and file the necessary complaints to immediately 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 right-of-way of Hudson Street between I-71 and Cleveland Avenue which will be open to the public without charge; and
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; and 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 Four (4) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0017X-2021 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of the Department of Public Service (“DPS”) timely completing the Arterial Street Rehabilitation - Hudson Street Phase 2 - I71 to Cleveland Avenue project (“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 intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. 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 21-WD, -T FMVE $2,246
SSA Brothers, LLC
666 E. Hudson Street
Columbus, OH 43211
Parcel 23-T FMVE $7,811
Norma J. Cameron and Thomas C. Cameron, Trustees of the Norma J. Cameron Living Trust
c/o Gil Gradisar
501 South High Street, Suite 200
Columbus, OH 43215
Parcel 30-T FMVE $5,464
Franklin Hotel Group, LLC
c/o Tim Knight
1788 West Solerno Street
Meridian, ID 83646
Parcel 34-WD, -T FMVE $8,589
Nhan Troug Le and Phuong Bach Nguyen
1467 Little Bear Loop
Lewis Center, OH 43035-9744
Parcel 38-T FMVE $667
Nan Van Huynh
5315 Avalon Ave.
Columbus, OH 43229
Parcel 43-P, -T FMVE $1,884
795 East Hudson LLC
c/o Charles Bluestone, Esq.
141 East Town Street
Columbus, OH 43215
Parcel 47-P, -T FMVE $1,533
Mohammad Shajo Sherko & Mohammad Sherko Othman
2955 Black Kettle Trail
Dublin, OH 43017
Parcel 50-T FMVE: $2,754
Juan Diaz and Laime Del Rosario
840 E. Hudson St.
Columbus, Ohio 43211
Parcel 51-P, -T FMVE $817
RELI Real Estates LLC
c/o Maurice Cardwell, Registered Agent
1398 S. Ohio Avenue
Columbus, OH 43211
Parcel 57-P, -T FMVE $ 736.00
James V. Metheney and Donna S. Metheney
907 E. Hudson Street
Columbus, Ohio 43211
Parcel 60-P, -T $ 1,419.00
James V. Metheney and Donna S. Metheney
907 E. Hudson Street
Columbus, Ohio 43211
Parcel 79-WD, -T FMVE-$2,507
Pleasant Move LLC
c/o Nizam El-Khatib, registered agent
1054 Sunny Hill Dr.
Columbus, OH 43221
Parcel 81-T FMVE $2,669
The New Palistine Baptist Church
1000 E. Hudson Street
Columbus, OH 43211-1245
Parcel 87-P1, -P2,-T FMVE $16,167
Leena Inc.
5918 Heritage Lakes Dr.
Hilliard, OH 43026-7618
SECTION 5. 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 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public right-of-way of Hudson Street between I-71 and Cleveland Avenue and associated appurtenances, which will be open to the public without charge.
SECTION 7. 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 Fifty-five Thousand Two Hundred Sixty-three 00/100 U.S. Dollars ($55,263.00), or so much as may be needed from existing Auditor’s Certificate ACDI001402-10.
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 this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance 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 ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.