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File #: 1389-2014    Version: 1
Type: Ordinance Status: Passed
File created: 6/6/2014 In control: Public Service & Transportation Committee
On agenda: 7/21/2014 Final action: 7/23/2014
Title: This ordinance authorizes the City Attorney to file complaints to appropriate the remainder fee simple title and lesser real property interests necessary for the City's Department of Public Service, Division of Design and Construction, Arterial Street Rehabilitation - Hard Road Phase A/Sawmill Road - Smoky Row Road (PID 598095-10000) Public Project; authorizes the City Attorney to spend funds from the city's Department of Public Service Federal-State Engineering Fund, Fund Number 765; and declares an emergency. ($242,908.00)
Explanation
BACKGROUND:
The city passed City Ordinance Number 1996-2012 on September 25th, 2012, which authorized the City Attorney to engage in the acquisition of certain fee simple title and lesser real estate interests (collectively, the "Real Estate Interests") for the city's Department of Public Service, Division of Design and Construction, Arterial Street Rehabilitation - Hard Road Phase A/Sawmill Road - Smoky Row Road (PID 598095-10000) Public Project (the "Public Project"). 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 for the Real Estate Interests.

As a result, the city adopted City Resolution Number 0218X-2013 on October 22nd, 2013, which declared the city's necessity and intent to appropriate the Real Estate Interests. Pursuant to Columbus City Code, Section 909.03, the City Attorney served notice to the Real Estate Interests' owners of the: (I) public purpose for the Public Project; and (II) adoption of City Resolution 0218X-2013. Furthermore, the city passed City Ordinance Number 0994-2014 on May 14th, 2014, which authorized the City Attorney to spend city funds and file necessary complaints to appropriate some of the Real Estate Interests for the Public Project. Therefore, 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 Real Estate Interests for the Public Project will come from the city's Department of Public Service Federal-State Engineering Fund, Fund Number 765 and is contingent on passage of ordinance 1627-2014 which allocates fund on an auditor's certificate.

EMERGENCY JUSTIFICATION: Emergency action is requested to allow for the appropriation and acquisitions of the remainder of the Real Estate Interests neces...

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