..Explanation
In December, 1999, City Council passed Ordinance 3008-1999 to establish funding in the amount of $301,500.00 for the Group 10 Intersections Improvement project. The stated purpose of this project was to improve various intersections including the intersection of Hudson Street and North High Street. The City Attorney's office has completed acquisition of five of the six parcels involved in the Hudson and High Street intersection improvement. In 2001 the City Attorney's office filed an appropriation complaint in the Franklin County Common Pleas Court for that parcel identified as Parcel 5 WD, T, owned by Oasis Investments, Incorporated (Case 01CVH021203). The Public Service Department, Transportation Division, requested the City Attorney's office abandon the acquisition of this parcel in 2002 due to a proposed design change.
The City Attorney's Office, Real Estate Division, has notified the Transportation Division that because the City abandoned this acquisition, the court has ruled that the property owner is entitled to receive immediate reimbursement for attorney fees and expenses from the City. This ordinance authorizes the expenditure of an additional $13,000.00 to pay these court-ordered costs to Oasis Investments, Incorporated, for Parcel 5 WD, T of the Group 10 (Hudson and North High Street) project.
Monies to pay for these costs are not budgeted per se but are available through cancellation of an encumbering document that is no longer needed. This ordinance transfers these funds between projects within the 1995, 1999 Voted Streets and Highway Fund and authorizes the expenditure.
Emergency action is requested to allow the City to comply immediately with the court-ordered payment of attorney fees and expenses to Oasis Investment, Incorporated.
Title
To authorize the transfer of $13,000.00 between projects within the 1995, 1999 Voted Streets and Highway Fund; to authorize the City Attorney's Office to expend $13,000.00 from the 1995, 1999 Voted Streets and Highway Fund to pay Oasis Investments, Incorporated, court-ordered reimbursement for attorney fees and expenses relating to the abandonment of the eminent domain acquisition of Parcel 5 WD, T of the Group 10 (Hudson and North High) Improvement project for the Transportation Division, and to declare an emergency. ($13,000.00).
Body
WHEREAS, in December, 1999, City Council passed Ordinance 3008-1999 to establish funding in the amount of $301,500.00 for the Group 10 Intersections Improvement project; and
WHEREAS, the stated purpose of this project was to improve various intersections including the intersection of Hudson Street and North High Street; and
WHEREAS, in 2001 the City Attorney's office filed an appropriation complaint in the Franklin County Common Pleas Court for that parcel identified as Parcel 5 WD, T, owned by Oasis Investments, Incorporated (Case 01CVH021203); and
WHEREAS, in 2002 the Public Service Department, Transportation Division, requested the City Attorney's office abandon the acquisition of this parcel due to a proposed design change; and
WHEREAS, the City Attorney's Office, Real Estate Division, has notified the Transportation Division that because the City abandoned this acquisition, the court case has ruled that the property owner is entitled to receive immediate reimbursement for attorney fees and expenses from the City; and
WHEREAS, a transfer of monies between projects within the 1995, 1999 Voted Streets and Highways Fund is necessary; and
WHEREAS, this ordinance authorizes the expenditure of an additional $13,000.00 to pay these court-ordered costs to Oasis Investments, Incorporated, for Parcel 5 WD, T of the Group 10 (Hudson and North High Street) Intersection Improvement project; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to establish funding for the payment of these court-ordered costs and to authorize the City Attorney to expend the funds required to pay these costs to comply with the judge's order and for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a transfer of monies between projects within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6600, OCA Code 644385 be and hereby is authorized as follows:
TRANSFER FROM:
Project # / Project / Amount
530208 / Federal-State Match / $13,000.00
Total Transfer From: $13,000.00
TRANSFER TO:
Project # / Project / Amount
530086 / Miscellaneous Intersection Improvements / $13,000.00
Total Transfer To: $13,000.00
SECTION 2. That the City Attorney's Office be and is hereby authorized to pay Oasis Investments, Incorporated, the court-ordered reimbursement for attorney fees and expenses relating to the abandonment of the eminent domain acquisition of Parcel 5 WD, T of the Group 10 (Hudson and North High) Improvement project and to expend those funds necessary to pay these expenses.
SECTION 3. That for the purpose of paying for said costs, the expenditure of $13,000.00, or so much thereof as may be necessary be and hereby is authorized from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 644385 and Project 530086.
SECTION 4. 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 passage if the Mayor neither approves nor vetoes the same.