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File #: 2536-2022    Version: 1
Type: Ordinance Status: Passed
File created: 9/12/2022 In control: Public Service & Transportation Committee
On agenda: 10/24/2022 Final action: 10/26/2022
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 Broad Street at James Road Project, to authorize an expenditure of $435,686.00; and to declare an emergency. ($435,686.00)
EXPLANATION

BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Intersection - Broad Street at James Road Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Broad Street and James Road (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Numbers 1227-2021 and 1741-2022 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0010X-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 Broad Street and James 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 0010X-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 Federal Transportation Grant Fund, Fund Number 7765 for Seventy-Five percent (75%) of the total cost pursuant to existing Auditor’s Certificate ACDI001492-10 until exhausted and then from ACDI001803-10 and the Streets and Highway G O Bonds Fund, Fund 7704 for Twenty-Five percent (25%) of the total cost pursuant to existing Auditor’s Certificate ACDI001492-20 until exhausted and then from ACDI001803-20.

EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to meet the funding deadlines of the Ohio Public Works Commission and complete the Public Project without unnecessary delay, which will pr...

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