City of Columbus - File #: 0592-2004

• File #: 0592-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 3/17/2004
• In control: Safety Committee
• On agenda: 4/19/2004
• Final action: 4/21/2004
• Title: To authorize the transfer of $13,000.00 between projects within the 1995, 1999 Voted Streets and Highway Fund; to authorize the City Attorney's Office to expend $13,000.00 from the 1995, 1999 Voted Streets and Highway Fund to pay Oasis Investments, Incorporated, court-ordered reimbursement for attorney fees and expenses relating to the abandonment of the eminent domain acquisition of Parcel 5 WD, T of the Group 10 (Hudson and North High) Improvement project for the Transportation Division, and to declare an emergency. ($13,000.00).

Date	Ver.	Action By	Action	Result
4/21/2004	1	CITY CLERK	Attest
4/20/2004	1	MAYOR	Signed
4/19/2004	1	Columbus City Council	Approved	Pass
4/19/2004	1	COUNCIL PRESIDENT	Signed
4/7/2004	1	FINANCE DIRECTOR	Reviewed and Approved
4/7/2004	1	Auditor Reviewer	Reviewed and Approved
4/7/2004	1	CITY AUDITOR	Reviewed and Approved
4/7/2004	1	Service Drafter	Sent for Approval
4/7/2004	1	CITY ATTORNEY	Reviewed and Approved
4/7/2004	1	Service Drafter	Sent to Clerk's Office for Council
4/6/2004	1	Finance Reviewer	Reviewed and Approved
4/1/2004	1	SERVICE DIRECTOR	Reviewed and Approved
3/23/2004	1	Service Drafter	Sent for Approval
3/19/2004	1	Service Drafter	Sent for Approval
3/18/2004	1	Service Reviewer	Reviewed and Approved
3/17/2004	1	Service Drafter	Sent for Approval

Explanation

In December, 1999, City Council passed Ordinance 3008-1999 to establish funding in the amount of $301,500.00 for the Group 10 Intersections Improvement project. The stated purpose of this project was to improve various intersections including the intersection of Hudson Street and North High Street. The City Attorney's office has completed acquisition of five of the six parcels involved in the Hudson and High Street intersection improvement. In 2001 the City Attorney's office filed an appropriation complaint in the Franklin County Common Pleas Court for that parcel identified as Parcel 5 WD, T, owned by Oasis Investments, Incorporated (Case 01CVH021203). The Public Service Department, Transportation Division, requested the City Attorney's office abandon the acquisition of this parcel in 2002 due to a proposed design change.

The City Attorney's Office, Real Estate Division, has notified the Transportation Division that because the City abandoned this acquisition, the court has ruled that the property owner is entitled to receive immediate reimbursement for attorney fees and expenses from the City. This ordinance authorizes the expenditure of an additional $13,000.00 to pay these court-ordered costs to Oasis Investments, Incorporated, for Parcel 5 WD, T of the Group 10 (Hudson and North High Street) project.

Monies to pay for these costs are not budgeted per se but are available through cancellation of an encumbering document that is no longer needed. This ordinance transfers these funds between projects within the 1995, 1999 Voted Streets and Highway Fund and authorizes the expenditure.

Emergency action is requested to allow the City to comply immediately with the court-ordered payment of attorney fees and expenses to Oasis Investment, Incorporated.


Title

To authorize the transfer of $13,000.00 between projects within the 1995, 1999 Voted Streets and Highway Fund; to authorize the City Attorney's Office to expend $13,000.00 f...