Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Division of Sewerage & Drainage and the Division of Design and Construction for the Williams Road Improvement and Pump Station Replacement Project.
Fiscal Impact: Funding for this project is continent upon the passage of Ordinance 2031-2008 which will authorize additional funds to be used for the continued acquisition of real property necessary to the completion of this project.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order to meet the project's acquisition deadline.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Williams Road Improvement and Pump Station Replacement Project; to authorize the expenditure of $35,446.00 from the Storm Sewer Bonds Fund, $18,787.00 from the State Issue II Street Projects Fund for the Sewerage and Drainage Division; to authorize the expenditure of $7,584.00 from the State Issue II Street Projects Fund for the Division of Design and Construction; and to declare an emergency. ($61,817.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Williams Road Improvement and Pump Station Replacement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 190X-2008, on the 3rd day of November, 2008, declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction and, the Department of Public Utilities, Sewerage and Drainage, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That fee simple title and lesser interests in and to the parcels listed in Section 4 hereof, as are fully described in Resolution No. 0190X-2008, adopted 3rd day of November, 2008, said descriptions being incorporated herein, be appropriated for the public purpose of the Williams Road Improvement and Pump Station Replacement Project, #610711, pursuant to the power and authority granted to the City of Columbus by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
Section 2. That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose, and that the City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.
Section 3. That the Council of the City of Columbus hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus hereby declares the value of said fee simple title and lesser interests as follows:
1. 2T $300.00
2. 3WD $4,463.00
3. 5T $1,214.00
4. 6P, T-1, T-2, T-3 $15,952.00
5. 8WD, WD-2, P-1, P-2, T $39,888.00
Section 5. That the City Attorney be and he hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.
Section 6. That the expenditure of $35,446.00, or so much thereof as may be necessary from the Storm Sewer Bonds Fund, Fund # 685; Dept./Div. 60-15; Project No. 610711; OCA Code 685711; Object Level Three 6601, for acquisition costs related to the Sewerage and Drainage portion of this joint project, and its aforesaid purpose is hereby authorized.
Section 7. That the expenditure of $18,787.00, or so much thereof as may be necessary from the State Issue II Street Projects Fund, Fund # 764; Dept./Div. 60-15; Grant No. 598080 - Williams Road Underpass; OCA Code 608080; Object Level Three 6601, Auditor Certificate #AC028944-002 for acquisition costs related to the aforesaid purpose, including parcels 6P, T-3, 8WD2, 8P-1, and 8T which have been specifically designated to receive funding from Auditor Certificate #AC028944-002 is hereby authorized.
Section 8. That the expenditure of $7,584.00, or so much thereof as may be necessary from the State Issue II Street Projects Fund, Fund # 764; Dept./Div. 59-12; Grant No. 598080; OCA Code 591282; Object Level Three 6601, Auditor Certificate #AC028944-001 for acquisition costs related to the aforesaid purpose, including parcels 2T, 3WD, 5T, 6T-1, 6T-2, 8WD, and 8P-2 which have been specifically designated to receive funding from Auditor Certificate #AC028944-001 is hereby authorized.
Section 9. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
Section 10. 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.