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 Morse Road Improvement Phase II Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division 1995, 1999 Voted Streets and Highways Fund.
Emergency Justification: Emergency action is requested to allow right-of-way acquisition to continue without delay so that the project can stay current with the Transportation Divisions acquisition schedule.
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 the Morse Road Improvement Phase II Project; and to declare an emergency. ($400,832.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Morse Road Improvement Phase II Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0033X-2006, on the 3rd day of April, 2006, and Resolution No. 0194X-2006, on the 4th day of December, 2006, respectively, 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 Public Service Department, Transportation Division, 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. 0033X-2006, adopted on the 3rd day of April, 2006, and Resolution No. 0194X-2006, adopted on the 4th day of December, 2006, respectively, said descriptions being incorporated herein, be appropriated for the public purpose of the Morse Road Improvement Phase II Project, #530052, pursuant to the power and authority granted to a municipal corporation 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 fixes the value of said fee simple title and lesser interests as follows:
1. 40WD, T $16,997.00
2. 41WD, T $21,135.00
3. 42WD, T $73,165.00
4. 43WD, U, T $177,504.00
5. 44WD, U, T $112,031.00
Section 5. That the City Attorney be and 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 $400,832.00, or so much thereof as may be necessary from the 1995, 1999 Voted Streets and Highways Fund, Fund #704; Dept./Div.59-09; Project No. 530052; OCA Code 644385; Object Level Three 6601, Auditor Certificate AC # 025198 for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 7. 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 its passage if the Mayor neither approves nor vetoes the same.