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 Livingston and Parsons Avenue Roadway Improvement 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 G.O. Bonds Fund.
Emergency Justification: Emergency action is requested to allow appropriation actions to proceed without delay thereby allowing this project to meet it 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 for the Parsons/Livingston Avenue Roadway Improvements Project, to authorize the expenditure of $448,350.00 from the Department of Public Service, Federal State Highway Engineering Fund; and to declare an emergency. ($448,350.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Parsons/Livingston Avenue Roadway Improvements Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0038X-2009, on the 4th day of May, 2009, 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 Department of Public Service, 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 the parcels listed in Section 4 hereof, as are fully described in Resolution No. 0038X-2009, on the 4th day of May, 2009, said descriptions being incorporated herein, be appropriated for the public purpose of the Parsons/Livingston Avenue Roadway Improvements Project, #598091, 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 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 declares the value of said fee simple title and /or lesser interests as follows:
1. 1WD, T Board of Education $113,750.00
2. 3T Evergreen Quality Catering, Inc. $4,170.00
3. 5T Richard C. & Sharon M. Sorensen $1,570.00
4. 7WD, T Platinum Auto Wash, LLC $15,398.00
5. 8WD, T E-Z Loan Pawn Shop, Inc. $13,485.00
6. 10WD, T Howard B. & Marcie T. Zeldin $13,609.00
7. 11WD, T The Bobb Chevrolet Company $3,940.00
8. 12WD, T The Bobb Chevrolet Company $141,477.00
9. 20WD, T KFC US Properties $138,010.00
10. 35WD, T Board of Education $300.00
11. 38 T Anthony C. & Betty J. Moracco $300.00
12. 62WD, T Annetta Patterson Jinna $300.00
13. 63 T Cline Triple D, LLC $300.00
14. 68WD, SH, T Autozone $1,441.00
15. 69WD Quawn Hill $300.00
Section 5. 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 6. That the expenditure of $448,350.00, or so much thereof as may be necessary from the Federal State Highway Engineering Fund, Dept.-Div. 59-12; Grant No. 598091; OCA Code 598091; Object Level Three 6601, Auditor Certificate(s) #AC030040 for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 7. 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 8 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 9. That for the reasons state 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.