Explanation
BACKGROUND:
The City’s Department of Public Service (DPS) and Department of Public Utilities (DPU) are engaged in the Joyce Avenue, Phase III (PIDs 590955-100008 & 610990-100002), 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 Joyce Avenue, Columbus, Ohio 43219, in order for DPS and DPU to timely complete the Public Project. The City passed Ordinance Number 2109-2013 on September 16, 2013, which authorized the City Attorney to engage in the Real Estate’s acquisition. The City also adopted Resolution Numbers 0212x-2014 on December 8, 2014, and 0154x-2015 on June 22, 2015, which each 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 Numbers 0212x-2014 and 0154x-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 Streets and Highways Bonds Fund and Storm Sewer Bonds Fund.
EMERGENCY JUSTIFICATION: The City Attorney’s office requests emergency designation to allow for the appropriation and acquisition of the Real Estate necessary for DPS and DPU to timely complete the Public Project without unnecessary delay, which will preserve the public peace, property, health, safety, and welfa...
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