Explanation
BACKGROUND:
The City’s Department of Public Service (DPS) is engaged in the Pedestrian Safety Improvement - Whittier Street Sidewalks - Lockbourne Road to Fairwood Avenue (PID 590105-100079) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real property interests (collectively, “Real Estate”), which are located in the general vicinity of Whittier Street, Lockbourne Road, and Fairwood, Columbus, Ohio 43206, in order for DPS to complete the Public Project. The City passed Ordinance Number 0581-2014 on March 24, 2014, which authorized the City Attorney to acquire the Real Estate. The City also adopted Resolution Number 0057x-2015 on March 9, 2015, which declared the City’s (i) public purpose and necessity of the Public Project, and (ii) intent to appropriate the Real Estate.
Pursuant to Columbus City Code, Section 909.03, the City Attorney served notice to all of the Real Estate’s owners of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution Number 0057x-2015. 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 the City would pay for the Real Estate.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Funding to appropriate the Real Estate will come from the Streets and Highways Bonds Fund.
EMERGENCY JUSTIFICATION:
The City Attorney requests emergency designation to allow for the appropriation and acquisition of the Real Estate necessary for DPS to complete the Public Project without unnecessary delay, which will preserve the public peace, property, health, safety, and welfare.
Title
To authorize the City Attorney to file complaints in order to appropriate and accept fee simple and lesser real estate title interests necessary for the Department of Public Service to timely complete the Pedestrian Safety Improvement - Whittier Street Sidewalks - Lockbourne Road to Fairwood Avenue Public Improvement Project; authorize the City Attorney to spend funds from the Streets and Highways Bonds Fund; and to declare an emergency. ($1,200.00)
Body
WHEREAS, pursuant to the passage of Ordinance Number 0581-2014 and adoption of Resolution Number 0057x-2015, the City intends to authorize the City Attorney to spend funds and file necessary complaints to appropriate the remainder of fee simple and lesser real estate title interests (i.e. Real Estate) in order for the Department of Public Service (DPS) to timely complete the Pedestrian Safety Improvement - Whittier Street Sidewalks - Lockbourne Road to Fairwood Avenue (PID 590105-100079) Public Improvement Project (i.e. Public Project);
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to appropriate the remainder of the Real Estate to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, safety, and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The fee simple and lesser real estate title interests associated with the project parcel numbers listed in Section 4 of this ordinance (i.e. Real Estate) are (i) fully described in Resolution Number 0068x-2015 and fully incorporated into this ordinance for reference, and (ii) to be appropriated and accepted for the public purpose of the Department of Public Service (DPS) timely completing the Pedestrian Safety Improvement - Whittier Street Sidewalks - Lockbourne Road to Fairwood Avenue (PID 590105-100079) Public Improvement Project (i.e. Public Project).
SECTION 2. 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 City declares 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. The City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. The City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT'S PARCEL NUMBER(S) (FMVE)
REAL ESTATE’S OWNER(S)
ADDRESS(ES)
10-T ($300.00)
LORETTA EVANS
850 DISTRIBUTION DR., COLUMBUS, OH 43228
11-T ($300.00)
JACQUELINE M. SMITH, DECEASED
VEDA LINDSEY A.K.A. VEDA SMITH LINDSEY
3840 ARMADA RD., COLUMBUS, OH 43232
12-T ($300.00)
KONDAUR CAPITAL CORPORATION
333 S. ANITA DR., STE 400, ORANGE, CA 92868
14-T ($300.00)
BUCKEYE INVESTORS, LLC
P.O. BOX 3060, WEST ORANGE, NJ 07052
TOTAL………$1,200.00
SECTION 5. The City Attorney is authorized to file the necessary complaints 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. In order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, the City Attorney is authorized to spend up to One Thousand, Two Hundred, and 00/100 U.S. Dollars ($1,200.00), or so much as may be needed, from the Streets and Highways Bonds Fund, as follows:
(Fund) / (Project) / (Project Name) / (O.L. 01-03 Codes) / (OCA) / (Div.) / (AC) / (Amount)
(704) / (590105 - 100079) / (Pedestrian Safety Improvement - Whittier Street Sidewalks - Lockbourne Rd to Fairwood Ave) / (06-6601) / (720579) / (59-12) / (AC-036167-002) / ($1,200.00)
SECTION 7. City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 8. For the reasons stated in this ordinance's preamble, which are fully incorporated into this ordinance, this ordinance is declared to be an emergency measure and will take effect and be in force from and after this ordinance's passage and approval by the Mayor or ten (10) days after this ordinance's passage if the Mayor neither approves nor vetoes this ordinance.