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File #: 2789-2014    Version: 1
Type: Ordinance Status: Passed
File created: 11/18/2014 In control: Public Utilities Committee
On agenda: 12/15/2014 Final action: 12/18/2014
Title: To authorize the City Attorney to file complaints in order to appropriate the remainder of the fee simple and lesser real estate title interests necessary for the Department of Public Utilities, Division of Sewerage and Drainage, Blacklick Creek Sanitary Interceptor Sewer (CIP 650034-100006) Public Project; authorize the City Attorney to spend funds from Fund Number 664; and declare an emergency. ($99,528.00)
Explanation

BACKGROUND:

The City passed Ordinance Number 1794-2013 on July 22, 2013, Ordinance Number 2717-2013 on December 9, 2013, and Ordinance Number 0134-2014 on February 24, 2014, which authorized the City Attorney to engage in the acquisition of certain fee simple and lesser real estate title interests (collectively, "Real Estate Interests") for the Department of Public Utilities, Division of Sewerage and Drainage, Blacklick Creek Sanitary Interceptor Sewer (CIP 650034-100006) Public Project (“Public Project”). The City also adopted Resolution Number 0260x-2013 on December 9, 2013, Resolution Number 0020x-2014 on March 3, 2014, and Resolution 0170x-2014 on October 20, 2014, which declared the City’s (i) public purpose and necessity of the Public Project; and (ii) intent to appropriate the Real Estate Interests.

Pursuant to Columbus City Code, Section 909.03, the City Attorney served notice to all of the Real Estate Interests' owners of the (i) Public Project’s public purpose and necessity; and (ii) adoption of Resolution Numbers 0260x-2013, 0020x-2014, and 0170x-2014. However, the City Attorney was unable to either locate some of the Real Estate Interests' owners or agree with some of the Real Estate Interests' owners regarding the amount of just compensation paid by the City for the Real Estate Interests. Accordingly, this ordinance authorizes the City Attorney to spend City funds and file necessary complaints to appropriate the remainder of the Real Estate Interests for the Public Project.

FISCAL IMPACT: Funding to appropriate the Public Project’s Real Estate Interests will come from the Department of Public Utilities’ Sanitary Sewer General Obligation Bond Fund, Fund 664.

EMERGENCY JUSTIFICATION: Emergency action is requested to allow for the appropriation and acquisition of the Real Estate Interests necessary for the Public Project to proceed without delay, which will preserve the public peace, property, health, safety, and welfare.

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