Explanation
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing SRTS Sidewalks - McGuffey and Duxberry (Project P590105-100114) Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Duxberry Avenue from Lexington Avenue to Hamilton Avenue (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 1266-2018 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0003X-2019 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public right-of-way of Duxberry Avenue from Lexington Avenue to Hamilton Avenue which will be open to the public without charge.
The City Attorney, pursuant to Columbus City Code Section 909.03, served notice to all of the owners of the Real Estate of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution 0003X-2019. However, the City Attorney was unable to either locate some of the Real Estate’s owner(s) or agree with some of the Real Estate’s owner(s) in good faith regarding the amount of just compensation.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Funding to appropriate the Real Estate will come from the Streets & Highways G.O. Bond fund pursuant to existing Auditor’s Certificate ACDI000561-10.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety and welfare.
Title
To authorize the City Attorney to file complaints in order to immediately appropriate and accept the remaining fee simple and lesser real estate necessary to timely complete the SRTS Sidewalks - McGuffey and Duxberry Project; and to declare ...
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