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 Morse Road Improvement Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Division of Transportation.
Emergency Justification: Emergency action is requested to allow right-of-way acquisition to begin immediately so that the City can meet current schedules that require the acquisition of all necessary additional right-of-way to be completed by May 1, 2004.
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 Morse Road Improvement Project, to authorize the expenditure of $377,315.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($377,315.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Morse Road Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 004X-2004, on the 26th day of January, 2004, 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 Transportation, 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 health, peace, property, safety and welfare; 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. 004X-2004, adopted January 26, 2004, said descriptions being incorporated herein, be appropriated for the public purpose of the Morse Road Improvement Project, #530052, pursuant to the power and authority granted to a municipal corporation 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 fixes the value of said fee simple title and lesser interests as follows:
1. 8WD $31,875.00
2. 12T $975.00
3. 33T $2,365.00
4. 75WD $4,500.00
5. 79WD, T $54,300.00
. 6. 80WD, T $55,950.00
7. 81WD, T $17,400.00
8. 87T $7,700.00
9. 90WD $9,800.00
10. 91WD, T 59,600.00
11. 92T $42,700.00
12. 98WD, T $90,150.00
Section 5. That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, 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 $377,315.00, or so much thereof as may be necessary for the Morse Road Improvement Project, Project #530052, from the 1995, 1999 Voted Streets and Highways Fund, Fund #704, OCA Code 644385, Object Level Three 6601, Dept. No. 59-09, Auditor's Certificate No. 020918, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 7. That for the reasons state in the preamble hereto, 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.