Explanation
BACKGROUND:
The following legislation authorizes the Columbus City Attorney to file necessary complaints for the appropriation of fee simple title and lesser interests for real estate necessary for the City of Columbus, Ohio, Department of Public Service, Division of Design and Construction, Livingston Avenue Intersection Improvement Project (PID 530086-100005/2996 Dr E) ("Project").
FISCAL IMPACT: The Project's funding will come from the Department of Public Service, Streets & Highways GO Bonds Fund.
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.
Title
To authorize the City Attorney to file complaints for the appropriation of fee simple title and lesser real property interests necessary for the Livingston Avenue Intersection Improvement Project; authorizes the expenditure of One Thousand Two Hundred Dollars from the Department of Public Service, Streets & Highways GO Bonds Fund; and to declare an emergency. ($1,200.00)
Body
WHEREAS, the City of Columbus, Ohio, Department of Public Service, Division of Design and Construction ("City"), an Ohio municipal corporation, is engaged in the acquisition of certain real property interests for the Livingston Avenue Intersection Improvement Project (PID 530086-100005/2996 Dr E) ("Project");
WHEREAS, the City's Council adopted Columbus City Resolution № 0061X-2013, which declared the necessity and intent to appropriate the real property interests described in this legislation;
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 City, because it is necessary to appropriate the real property interests so there will be no delay in the 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 № 0061X-2013; fully incorporated into this legislation; and to be appropriated for the public purpose of Livingston Avenue Intersection Improvement Project (PID 530086-100005/2996 Dr E) ("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 for real property interests needed to complete the Project.
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:
PROJECT PARCEL № PROPERTY OWNER AMOUNT
1 T United Bible Missionary Church Inc. $300.00
PO Box 9845
Columbus, OH 43209
Attn: Walter Tinsley
2 P, T Khadra M. Shubbak $300.00
1174 Lucas Street
Calumet City, IL 60409
3P Ismail Jallaq $300.00
4400 Anglebrook Dr.
Grove City, OH 43123
4P Victor McKoy $300.00
1093 E. Livingston Avenue
Columbus, OH 43205
TOTAL: $1,200.00
SECTION 5. The Columbus City Attorney is authorized to file complaints for appropriation of real property in the appropriate Court of Common Pleas and impanel a jury to inquire and assess the just compensation to be paid for the real property interests described in this ordinance.
SECTION 6. The expenditure of One Thousand, Two Hundred, and 00/100 U.S. Dollars ($1,200.00), or as much that may be necessary is authorized from the Department of Public Service, Streets & Highways GO Bonds Fund, Fund № 704, Code 599501, Project #530161-100072, OL3 6601, Div № 59-12, AC 030937, 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.