EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Pedestrian Safety Improvements - Refugee Road Project (FRA CR 14 1.99 - Project No. 590105-100112 - PID 99744) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Refugee Road from Winchester Pike to Hamilton Road (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 1629-2018 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0077X-2019 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public right-of-way of Refugee Road 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 0077X-2019. 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 7704 (80%) pursuant to existing Auditor’s Certificate ACDI000592-10 and the Federal Transportation Grant Fund, Fund 7765 (20%) pursuant to existing Auditor’s Certificate ACDI000592-20.
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 Pedestrian Safety Improvements - Refugee Road Project; and to declare an emergency. ($100,687.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Pedestrian Safety Improvements - Refugee Road Project (FRA CR 14 1.99 - Project No. 590105-100112 - PID 99744) (“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 Refugee Road from Winchester Pike to Hamilton Road, Columbus, Ohio; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 1629-2018 and the adoption of Resolution Number 0077X-2019, 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 Refugee Road from Winchester Pike to Hamilton Road, Columbus, Ohio, 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 0077X-2019 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 Pedestrian Safety Improvements - Refugee Road Project (FRA CR 14 1.99 - Project No. 590105-100112 - PID 99744) (“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
4 T (FMVE $1,263.00)
Burger King Corporation
5707 Blue Lagoon Drive
Miami FL 33126
5 WD, T (FMVE $2,992)
Bando Properties, LLC
77 Hanford Street
Columbus, Ohio 43206
19 WD T (FMVE $2,792)
Ohio Achievement Charter School, Inc. DBA Millennium Community School
3500 Refugee Road
Columbus, Ohio 43232
29 WD T (FMVE $3,640)
Thomas A. McDowell and Thomas A. McDowell, Trustee by successor Diane A. McDowell under agreement
FBO Diane A. McDowell dated 1-2-1966, equally
5742 Dublin Road
Dublin, Ohio 43017
44 WD T (FMVE $75,452)
Pulte Homes of Ohio, LLC
Attn: Matt Callahan
475 Metro Place S. Suite 200
Dublin, Ohio 43017
48 WD, -T1, -T2 (FMVE $1,991)
The East Landings Homeowners Association, Inc.
Cancelled Corporation - Address unknown.
Service by publication on 6/28/19, 7/5/19, 7/12/19
52 WD, -T1, -T2 (FMVE $5,026)
Transform Saleco LLC
ESL Investments Inc
1170 Kane Concourse, Suite 200
Bay Harbor Islands, FL 33154
Service by publication on 11/22/19, 11/29/19, 12/6/19
54 T (FMVE $2,750)
Eastland Mall Holdings, LLC
201 St. Charles Ave. Ste 4600
New Orleans, LA 70170
57 T (FMVE $4,781)
Askari Properties, LLC
c/o Josh Fravel
522 N. State St.
Westerville, OH 43082
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 Refugee Road 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 One Hundred Thousand Six Hundred Eighty-Seven and 00/100 U.S. Dollars ($100,687.00) or so much as may be needed from existing Auditor’s Certificates ACDI000592-10 (80%) and ACDI000592-20 (20%).
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.