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 Roadway Improvements - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project.
Fiscal Impact: It has been determined that funding for this project will come from the Department of Public Service, Division of Design and Construction, Streets and Highways Improvement Fund.
Emergency Justification: To keep this project on schedule it is essential the City Attorney's Office, Real Estate Division continue their acquisition activities and that they be authorized to expend those funds necessary to complete both the original and the additional acquisitions as soon as possible.
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 Roadway Improvements - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project, to authorize the expenditure of $633,410.00 from the Department of Public Service, Streets and Highways Improvement Fund; and to declare an emergency. ($633,410.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Emerald Parkway Roadway Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0067X-2010, on the 17th day of May, 2010, and Resolution No. 039X-2011, on the 4th day of April, 2011, 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, Division of Design and Construction, 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 peace, property, health and safety; 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 parcels 4E, T and 5E, T listed in Section 5 hereof, as are fully described in Resolution No. 0067X-2010, adopted on the 17th day of May, 2010, said descriptions being incorporated herein, be appropriated for the public purpose of the Roadway Improvements - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project, #530161-100003, 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 fee simple title and lesser interests in and to parcels 3WD, E, T; 6WD, E, T1, T2; 7WD, E, T; and 8WD, E, T, listed in Section 5 hereof, as are fully described in Resolution No. 0039X-2011, adopted on the 4th day of April, 2011, said descriptions being incorporated herein, be appropriated for the public purpose of the Roadway Improvements - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project, #530161-100003, 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 3. 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 4. That the Council of the City of Columbus hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 5. That the Council of the City of Columbus hereby declares the value of said fee simple title and /or lesser interests as follows:
1. 4E, T Clare Acquisitions LLC $80,850.00.
2. 5E, T Tonya Salle $93,000.00
3. 3WD, E, T Wells Reit _II Lakehurst-Britton LLC $149,000.00
4. 6WD, E, T1, T2 Antrim Ventures, LLC $59,860.00
5. 7WD, E, T Meander Hospitality Group. Inc. $113,000.00
6. 8WD, E, T G & I VI Britton Woods LLC $137,700.00
Section 6. That the City Attorney be and he hereby is authorized to file complaints for appropriation of real property, in the Franklin County Court of Common Pleas, 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 7. That the expenditure of $633,410.00, or so much thereof as may be necessary is authorized from the Street and Highways Improvement Fund, No. 766, The Build America Bonds Fund, No. 746, and the Northland and Other Acquisitions Fund, No. 735:
Fund / Dept-Div / Project / OCA / O.L. 01-03 Codes / Auditor Certificates / Amount
766 / 59-12 / 530161-100003 / 766161 / 06-6601 / AC031854 / $300,000.00
735 / 44-01 / 590415-100000 / 440735 / 06-6601 / AC030782 - 001 / $300,000.00
746 / 59-12 / 530161-100003 / 743161 / 06-6601 / AC030782 - 002 / $33,410.00
for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 8. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
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 its passage if the Mayor neither approves nor vetoes the same.