Explanation
BACKGROUND:
City Ordinance Number 1570-2011 authorized the Columbus City Attorney ("Attorney") to engaged in the acquisition of certain fee simple title and lesser real estate interests (collectively, "Property") for the City of Columbus, Ohio ("City"), Department of Public Service, Division of Design and Construction, Barnett Road/Main Street ODOT Urban Paving (FRA-40/PID-86649) Public Project ("Public-Project"). However, the Attorney was unable to locate some of the Property's owners or agree with some of the Property's owners regarding the amount of just compensation for the Property.
As a result, the City's Council passed City Resolution Number 0271X-2013 declaring the City's necessity and intent to appropriate the Property. Furthermore, pursuant to Columbus City Code, Section 909.03, the Attorney served notice to the Property's owners of the: (I) public purpose for the Public-Project and Property's appropriation; and (II) adoption of City Resolution 0271X-2013. Therefore, this ordinance authorizes the Attorney to spend City funds and file necessary complaints for the appropriation and necessity of the Property for the Public-Project.
FISCAL IMPACT: The Public-Project's funding will come from the Department of Public Service Street and Highway Improvement Fund, Fund Number 766.
EMERGENCY JUSTIFICATION: Emergency action is requested to allow for the appropriation and acquisitions of the Property necessary for the Public-Project to proceed without delay, which will preserve the public peace, property, health, safety, and welfare.
Title
This ordinance: (I) authorizes the Columbus City Attorney to file complaints for the appropriation of fee simple title and lesser real property interests necessary for the City's Department of Public Service, Division of Design and Construction, Barnett Road/Main Street ODOT Urban Paving (FRA-40/PID-86649) Public Project; (II) authorizes the Columbus City Attorney to spend Two Thousand, Eight Hundred Fifty-six, and 00/100 U.S. Dollars from the City's Department of Public Service Street and Highway Improvement Fund, Fund Number 766; and (III) declares an emergency. ($2,856.00)
Body
WHEREAS, City Ordinance Number 1570-2011 authorized the Attorney to engaged in the acquisition of the Property for the City's Public-Project;
WHEREAS, the Attorney was unable to locate some of the Property's owners or agree with some of the Property's owners regarding the amount of just compensation for the Property;
WHEREAS, City Resolution Number 0271X-2013 declared the City's necessity and intent to appropriate the Property for the Public-Project;
WHEREAS, pursuant to Columbus City Code, Section 909.03, the Attorney served notice to the Property's owners of the: (I) public purpose for the Public-Project and Property's appropriation; and (II) adoption of City Resolution 0271X-2013;
WHEREAS, an emergency exists in the usual daily operation of the City, because it is necessary to appropriate the Property so there will be no delay in the Public-Project, which immediately preserves the public peace, property, health, safety, and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO ("CITY"):
SECTION 1. The fee simple title and lesser real property interests associated with the parcels of real property interests listed in Section 4 of this ordinance (collectively, "Property") are: (I) fully described in City Resolution Number 0271X-2013; (II) fully incorporated into this ordinance for reference; and (III) to be appropriated for the public purpose of the City's Department of Public Service, Division of Design and Construction, Barnett Road/Main Street ODOT Urban Paving (FRA-40/PID-86649) Public Project ("Public-Project").
SECTION 2. Pursuant to the City's power and authority under the: (I) Ohio Constitution; (II) Ohio Revised Code, Sections 715.01, 717.01, and 719.01-719.02; (III) City's Charter; and (IV) Columbus City Code (1959), Chapter 909, the Columbus City Council declares the City's appropriation of the Property are necessary for the Public-Project, because the City was unable to locate the Property's owners or agree with the Property's owners regarding the amount of just compensation paid for the Property.
SECTION 3. Columbus City Council declares its intention to obtain immediate possession of the Property described in this ordinance for the Public-Project.
SECTION 4. Columbus City Council declares that the fair market value of the Property as follows:
PUBLIC-PROJECT'S PARCEL NUMBER(S) (FMVE AMOUNT)
PROPERTY-OWNER(S)
ADDRESS(ES)
1-SW (FMVE: $544.00)
L.L.I.J.M.A.S. LLC, an Ohio limited liability company
3446 East Main St., Columbus, OH 43213
2-SW (FMVE: $2,312.00)
Wirthman Realty Company., Ltd., an Ohio limited partnership
3515 East Main St., Columbus, OH 43213
TOTAL
$2,856.00
SECTION 5. The Columbus City Attorney is authorized to file complaints for appropriation of the Property in the appropriate court of common pleas and impanel a jury to inquire and assess the just compensation to pay for the Property necessary for the Public-Project.
SECTION 6. In order to pay for the Property's acquisition and appropriation costs for the Public-Project, the City authorizes the sum of up to Two Thousand, Eight Hundred Fifty-six, and 00/100 U.S. Dollars ($2,856.00), or so much as may be needed, to be expended from the Department of Public Service Street and Highway Improvement Fund, Fund Number 766, as follows:
Department of Public Service, Division of Design & Construction:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / AC # / Amount
766/(530161-100072)/Roadway Improvement - Misc. Right-of-Way (Barnett Road/Main Street ODOT Urban Paving)/06-6601/766172/AC-032877/$2,856.00
SECTION 7. The 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 made a part of 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 days after this ordinance's passage if the Mayor neither approves nor vetoes this ordinance.