EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the FRA Intersection Improvements - Cleveland Avenue 5th Avenue to Lehner Road Project, Project No. 538003-100000 (PID 108642) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Cleveland Avenue corridor from 5th Avenue to Lehner Road (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 1252-2021 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0096X-2022 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 Cleveland Avenue corridor from 5th Avenue to Lehner Road 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 0096X-2022. 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 acquire the Real Estate is available through the Streets and Highway G O Bonds Fund, Fund 7704 for Ten percent (10%) of the total cost ($50.00) pursuant to existing Auditor’s Certificate ACDI001490-10 and the Federal Transportation Grant Fund, Fund Number 7765, for Ninety percent (90%) of the total cost ($450.00) pursuant to existing Auditor’s Certificate ACDI001490-20.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the project and preserve the grant funding for the Public Project without unnecessary d...
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