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File #: 1799-2015    Version: 1
Type: Ordinance Status: Passed
File created: 6/26/2015 In control: Public Service & Transportation Committee
On agenda: 7/13/2015 Final action: 7/16/2015
Title: To authorize the City Attorney to file complaints in order to appropriate and accept fee simple and lesser real estate title interests necessary for the Department of Public Service to timely complete Malin Street and Morse Road Public Improvement Project; authorize the City Attorney to spend funds from the Fleet Management Capital Bonds Fund; and to declare an emergency. ($11,698.00)
Explanation

BACKGROUND:

The City’s Department of Public Service (DPS) is engaged in the Malin Street and Morse Road (PID 55006-10000) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real property interests (collectively, “Real Estate”), which are located in the general vicinity of Morse Road and Malin Street, Columbus, Ohio 43224, in order for DPS to timely complete the Public Project. The City passed Ordinance Number 0126-2015 on January 26, 2015, which authorized the City Attorney to engage in the Real Estate’s acquisition. The City also adopted Resolution Number 0074x-2015 on March 30, 2015, which declared the City’s (i) public purpose and necessity of the Public Project; and (ii) intent to appropriate the Real Estate.

Pursuant to Columbus City Code, Section 909.03, the City Attorney served notice to all of the Real Estate’s owners of the (i) Public Project’s public purpose and necessity; and (ii) adoption of Resolution Number 0074x-2015. However, the City Attorney was unable to either locate some of the Real Estate’s owner(s) or agree with some of the Real Estate’s owner(s) in good faith regarding the amount of just compensation to be paid by the City for the Real Estate. Accordingly, this ordinance authorizes the City Attorney to spend City funds and file necessary complaints to appropriate the Real Estate.

CONTRACT COMPLIANCE: Not applicable.

FISCAL IMPACT: Funding to appropriate the Real Estate will come from the Fleet Management Capital Bonds Fund, Fund Number 513.

EMERGENCY JUSTIFICATION: The City Attorney’s office requests emergency designation to allow for the appropriation and acquisition of the Real Estate necessary for DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, property, health, safety, and welfare.

Title

To authorize the City Attorney to file complaints in order to appropriate and accept fee simple and lesser rea...

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