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, Departments of Public Service and Public Utilities, Arterial Street Rehabilitation - Lockbourne Road - Frebis Road - SR104 ("Project").
FISCAL IMPACT: The Project's funding will come from the Department of Public Service, Streets & Highways GO Bonds Fund, and the Department of Public Utilities, Storm Build America 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 Columbus City Attorney to file complaints for the appropriation of fee simple title and lesser real property interests necessary for the Arterial Street Rehabilitation - Lockbourne Road - Frebis Road - SR104; to authorizes the expenditure of Thirty-three Thousand, Four Hundred Sixty-nine, and 00/100 U.S. Dollars from the Department of Public Service, Streets & Highways GO Bonds Fund; to authorize the expenditure of Twenty Thousand, One Hundred Sixty-three, and 00/100 U.S. Dollars from the Department of Public Utilities, Storm Build America Bond Funds; and to declare an emergency. ($53,632.00)
Body
WHEREAS, the City of Columbus, Ohio, Departments of Public Service ("City"), an Ohio municipal corporation, is engaged in the acquisition of certain real property interests for the Arterial Street Rehabilitation - Lockbourne Road - Frebis Road - SR104 ("Project");
WHEREAS, the City's Council adopted Columbus City Resolution № 0102X-2013, which declared the necessity and intent to appropriate the real property interests described in this ordinance 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 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. That the fee simple title and lesser real property interests associated with the parcels listed in Section 4 of this ordinance are fully described in Columbus City Resolution № 0102X-2013; are fully incorporated into this legislation; and are to be appropriated for the public purpose of the Arterial Street Rehabilitation - Lockbourne Road - Frebis Road - SR104 ("Project").
SECTION 2. That pursuant to the power and authority granted to the City of Columbus, Ohio ("City"), by the Ohio Constitution; 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, 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. That Council declares its intention to obtain immediate possession of the real property interests described in this legislation for the Project.
SECTION 4. That Council declares that the fair market value of the fee simple title or lesser real property interests as follows:
PROJECT PARCEL № PROPERTY OWNER AMOUNT
1WD, T Developer's Seven $300.00
477 S. Front Street, Columbus, OH 43215
2WD, T Wasserstrom Realty LLC $994.00
477 S. Front Street, Columbus, OH 43215
Attn: Reid Wassertrom
The Wasserstrom Co.
Elaine Weiner
Stuart Wasserstrom
Denise Weiner Neary
Douglas Weiner
Tracy Weiner
8WD, T V&S Columbus Galvanizing LLC $300.00
1000 Buckeye Park Road, Columbus, OH 43207
9SH, T Norfolk Southern Railway Company $975.00
Attn: Solomon Jackson
8000 Ravines Edge Ct, Ste 300 B
Columbus, OH 43235
10WD Refugee Industrial Park Partners LLC $6,781.00
477 S. Front Street, Columbus, OH 43215
10S Refugee Industrial Park Partners LLC $4,024.00
477 S. Front Street, Columbus, OH 43215
11WD T Ronald L. Nichols & Leann E. Nichols $112.00
Co-Trustees of the Nichols Family Trust
5734 S. Main Street, Akron, OH 44319
11S T Ronald L. Nichols & Leann E. Nichols $188.00
Co-Trustees of the Nichols Family Trust
5734 S. Main Street, Akron, OH 44319
12WD, T1, T2, & T3 D and D Group Ltd. $11,145.00
3080 Valleyview Drive, Columbus, OH 43204
12S D and D Group Ltd. $2,860.00
3080 Valleyview Dr, Columbus, OH 43204
14WD BUTYCO Property Inc. $5,753.00
Donna J. Buty
2110 Lockbourne Rd., Columbus, OH 43207
14S BUTYCO Property Inc., $4,345.00
Donna J. Buty
2110 Lockbourne Rd., Columbus, OH 43207
17WD Ohio National Bank of Columbus $1,100.00
PNC BANK
4661 E. Main Street, Whitehall, OH 43213
23WD Jalon C. Gordon $1,876.00
5486 Gary Lane, Columbus, OH 43232
23S Jalon C. Gordon $39.00
5486 Gary Lane, Columbus, OH 43232
37S Juman Inc. $810.00
Rami H. Mohammad, President
2907 Honeysuckle Lane, Hilliard, OH 43026
39T Kae O. Edgar-Green, Trustee $852.00
Edgar Family Revocable Living Trust,
dated September 20, 2005
4786 Coquina Crossing Dr., Elkton, FL 32033
40T Bank of America $300.00
5401 North Beach Street, FWTX-35
Ft. Worth, TX 76137
43T Aaron C. Cosgrove $300.00
1474 Brookforest Drive, Columbus, OH 43204
46T Kamal & Randa Al-Shahal $300.00
2023 Fincastle Ct., Columbus, OH 43235
53WD, T William J. Ezzo $385.00
c/o Carl B. Fry, Attorney in Fact
Fry, Waller, & McCann Co., LPA
35 E. Livingston Ave., Columbus, OH 43215
57T Lockhurst Village LLC $1,040.00
c/o Craig Hoover, Member
1109 Kingsbury Place, Columbus, OH 43209
63S Donald R. Stewart $400.00
99 Burr Oak Rd., Pataskala, OH 43062
Jorge Antonio Ponice - Land Contract
1744 Lockbourne Rd., Columbus, OH 43207
66WD, T 3075 Landenfarm LLC $56.00
1730 Lockbourne Rd., Columbus, OH 43207
Attn: Mohammad Al-Mahmoud
66S 3075 Landenfarm LLC $915.00
1730 Lockbourne Rd., Columbus, OH 43207
Attn: Mohammad Al-Mahmoud
68WD, S Mohammad Al-Mahmoud $1,275.00
3428 Westpoint Drive, Columbus, OH 43232
72WD, T Vahid G. Hagee & Neda Nassirzadeh $300.00
5365 Sheffield Avenue, Powell, OH 43065
73WD, S JPMorgan Chase & Co. $2,398.00
1666 Lockbourne Rd., Columbus, OH 43207
74WD, T Saythong Praseutsack $300.00
Sypaphay C. Parseutsack
1659 Lockbourne Rd., Columbus, OH 43207
76T Rogelio Ontiveros $300.00
6526 Hemmingford Dr.
Canal Winchester, OH 43110-9048
79WD, S Family Post LLC $2,609.00
Miller/Leigh LLC
3868 22nd Street, #1, San Francisco, CA 94114
Attn: Gary Hassin
85WD, S SHC Lockbourne LLC $300.00
4300 E. Fifth Avenue, Columbus, OH 43219
TOTAL: $53,632.00
SECTION 5. That 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. That the expenditure of Thirty-three Thousand, Four Hundred Sixty-nine, and 00/100 U.S. Dollars ($33,469.00), or as much that may be necessary is authorized from the Department of Public Service, Streets & Highways GO Bonds Fund, Fund № 704, Project № 530103-100018, OCA Code 740318, OL3 6601, Div № 59-12, AC 034019-002, for acquisition costs related to the Project.
SECTION 7. That the expenditure of Twenty Thousand, One Hundred Sixty-three, and 00/100 U.S. Dollars ($20,163.00), or as much that may be necessary is authorized from the Department of Public Utilities, Storm Build America Bond Funds, Fund № 676, Project № 610772-100000, OCA Code 685772, Div № 60-15, OL3 6601, AC 034019-004, for acquisition costs related to the Project.
SECTION 8. That 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 9. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 10. For the reasons stated in this ordinance's preamble, which are 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.