Explanation
BACKGROUND:
The following legislation authorizes the Columbus City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests to real estate necessary for the City of Columbus, Ohio, Department of Public Service, Division of Design and Construction, Project 2639 Dr E - American Addition Phase 1 (PID 590131-10003) ("Project").
FISCAL IMPACT: The Project's funding will come from the Department of Public Service's Streets & Highway GO Bonds Fund, Fund № 704.
EMERGENCY JUSTIFICATION: Emergency action is requested to allow for the appropriation and subsequent acquisitions necessary for the Project to proceed without delay, which will preserve the public peace, property, health, safety, and welfare of those individuals living and traveling in the vicinity of the Project.
Title
To authorize the Columbus City Attorney to file complaints for the appropriation of fee simple title and lesser real property interests necessary for Project 2639 Dr E - American Addition Phase 1; to authorize the expenditure of Eight Hundred, Fifty-Eight, and 00/100 U.S. Dollars from the Department of Public Service, Streets & Highway GO Bonds Fund, Fund № 704; and to declare an emergency. ($858.00)
Body
WHEREAS, the City of Columbus, Ohio ("City"), an Ohio municipal corporation, is engaged in the acquisition of certain real property interests for Project 2639 Dr E - American Addition Phase 1 (PID 590131-10003) ("Project");
WHEREAS, the City's Council adopted Columbus City Resolution № 0018X-2013, which passed on January 31st, 2013, which declared the necessity and intent to appropriate the real property interests described in this legislation;
WHEREAS, the City's Council adopted Columbus City Ordinance № 0906-2013, which previously authorized the appropriation of certain real property interests for the Project;
WHEREAS, additional property interests must be appropriated for the Project;
WHEREAS, the public purpose for this Project's appropriation and notice of the adoption of the resolution was served according to Columbus City Code, Section 909.03;
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, because it is necessary to appropriate the real property interests so there will be no delay in Project, which immediately preserves the public peace, property, health, safety, and welfare; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The fee simple title and lesser real property interests associated with the parcels listed in Section 4 of this legislation are fully described in Columbus City Resolution № 0018X-2013, which passed on January 31st, 2013; fully incorporated into this legislation; and to be appropriated for the public purpose of Project 2639 Dr E - American Addition Phase 1 (PID 590131-10003) ("Project").
SECTION 2. Pursuant to the power and authority granted to the City of Columbus, Ohio ("City"), by the Constitution of the State of Ohio; Ohio Revised Code, Sections 715.01, 717.01, and 719.01 through 719.02; Charter of the City of Columbus, Ohio; and Columbus City Code (1959), Chapter 909, the City's Council declares the appropriation of the real property interests are necessary for the public Project, because the City was unable to locate the real property owner(s) or agree with the real property owner(s) regarding the amount of just compensation to be paid by the City.
SECTION 3. The City's Council declares its intention to obtain immediate possession of the real property interests described in this legislation for the Project.
SECTION 4. The City's Council declares that the fair market value of the fee simple title or lesser real property interests as follows:
PARCEL PROPERTY OWNER AMOUNT
1) 11 WD, T1, T2 Michael A. Smith & Trina M. Smith $558.00
Address Unknown
Tax Parcel ID 010-126398
2) 12T Sandra T. Garrett, Trustee $300.00
7 Lyonsgate, Columbus, OH 43209
TOTAL: $858.00
SECTION 5. The Columbus City Attorney is authorized to file complaints for appropriation of real property in the appropriate Court of Common Pleas and to have a jury impaneled to inquire and assess the just compensation to be paid for the real property interests described in this ordinance.
SECTION 6. The expenditure of Eight Hundred, Fifty-Eight, and 00/100 U.S. Dollars ($858.00), or as much that may be necessary is authorized from the Department of Public Service, Streets & Highway GO Bonds Fund, Fund № 704, Dept./Div. 59-12, PID 590131-100003, Object Level 06-6601, OCA Code 743103, Auditor Certificate № AC033467-001, for acquisition costs related to the Project.
SECTION 7. The City intends for this ordinance to constitute an "official intent" for purposes of Treasury Regulations Section 1.150-2(e) promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 8. The City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. For the reasons stated in this ordinance's preamble, which is made a part of this legislation, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes this legislation.