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 welfare.
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 and Department of Public Utilities to timely complete the Joyce Avenue, Phase III, Public Improvement Project; authorize the City Attorney to spend funds from the Streets and Highways Bonds Fund and Storm Sewer Bonds Fund; and to declare an emergency. ($70,218.00)
Body
WHEREAS, pursuant to the passage of Ordinance Number 2109-2013 and adoption of Resolution Numbers 0212x-2014 and 0154x-2015, the City intends to authorize the City Attorney to spend funds and file necessary complaints to appropriate the fee simple and lesser real estate title interests (i.e. Real Estate) in order for the Department of Public Service (DPS) and Department of Public Utilities (DPU) to timely complete the Joyce Avenue, Phase III (PIDs 590955-100008 & 610990-100002), Public Improvement Project (i.e. Public Project);
WHEREAS, an emergency exists in the usual daily operations of DPS and DPU in that it is immediately necessary to appropriate the remainder of the Real Estate to prevent unnecessary delay in completing the Public Project, which will preserve 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 and lesser real estate title interests associated with the project parcel numbers listed in Section 4 of this ordinance (i.e. Real Estate) are (i) fully described in Resolution Numbers 0212x-2014 and 0154x-2015 and fully incorporated into this ordinance for reference, and (ii) to be appropriated and accepted for the public purpose of the Department of Public Service (DPS) and Department of Public Utilities (DPU) completing the Joyce Avenue, Phase III (PIDs 590955-100008 & 610990-100002), Public Improvement Project (i.e. Public Project).
SECTION 2. Pursuant to the City's power and authority under the Ohio Constitution, Ohio Revised Code Sections 715.01, 717.01, 719.01, and 719.02, the City's Charter, and Columbus City Code Chapter 909, the City declares the appropriation of the Real Estate is necessary for the Public Project, because the City was unable to locate the Real Estate’s owner(s) or agree in good faith with the Real Estate’s owner(s) regarding the amount of just compensation to be paid by the City for the Real Estate.
SECTION 3. The City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. The City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT'S PARCEL NUMBER(S) (FMVE)
REAL ESTATE’S OWNER(S)
ADDRESS(ES)
110A-WD & 110A-T ($9,993.00)
COLUMBUS CITY EMPLOYEES LOCAL 1632, AFSCME, AFL-CIO
1771 JOYCE AVE., COLUMBUS, OH 43219
113-WD, 113-S & 113-T ($8,190.00)
JOY ENTERPRISES, INC
2711 INTERNATIONAL ST., COLUMBUS, OH 43228
117-WD & 117-T ($730.00)
BENJAMIN JONES
1089 WELLINGTON BLVD., COLUMBUS, OH 43219
JAMES E. SIMPSON (LAND CONTRACT)
1935 JOYCE AVE., COLUMBUS, OH 43219
118-WD, 118-S & 118-T ($1,425.00)
JOE SHELTON
1936 JOYCE AVE., COLUMBUS, OH 43219
123-T ($300.00)
SIJ PARTNERSHIP, LLC
3540 E. FULTON ST., COLUMBUS, OH 43227
124A-WD1, 124A-WD2 & 124A-T ($3,102.00)
JOYCE AVENUE HOMES LIMITED PARTNERSHIP
562 E. MAIN ST., COLUMBUS, OH 43215
124B-WD & 124B-T ($2,714.00)
JOYCE AVENUE HOMES LIMITED PARTNERSHIP
562 E. MAIN ST., COLUMBUS, OH 43215
124-T, 124D-T, 124E-WD & 124-T ($994.00)
JOYCE AVENUE HOMES LIMITED PARTNERSHIP
562 E. MAIN ST., COLUMBUS, OH 43215
126-WD, 126-S & 126-T ($2,310.00)
CHARLES CUNDIFF
38777 S.R. 56, NEW PLYMOUTH, OH 45654
127-WD, 127-S1, 127-S2 & 127-T ($2,900.00)
LIGHTHOUSE HOMES, LLC
P.O. BOX 349, ALEXANDRIA, OH 43001
132-WD ($1,645.00)
KENECHUKWU C. OKOLI
2000 JOYCE AVE., COLUMBUS, OH 43219
141-T ($661.00)
STACY H. WALLACE & HARLEY S. WALLACE
1710 E. MAYNARD AVE., COLUMBUS, OH 43219
146-WD, 146-S & 146-T ($5,738.00)
GREATER CORNERSTONE PENTECOSTAL CHURCH
2143 JOYCE AVE., COLUMBUS, OH 43219
158-WD & 158-T ($1,299.00)
GREATER CORNERSTONE PENTECOSTAL CHURCH
2143 JOYCE AVE., COLUMBUS, OH 43219
159-WD, 159-S & 159-T ($10,211.00)
GREATER CORNERSTONE PENTECOSTAL CHURCH
2143 JOYCE AVE., COLUMBUS, OH 43219
163-WD & 163-T ($17,300.00)
COLUMBUS ELDERLY HOUSING L.P.
3021 E. DUBLIN GRANVILLE RD., COLUMBUS, OH 43231
165-WD, 165-S & 165-T ($706.00)
GREATER CORNERSTONE PENTECOSTAL CHURCH
2143 JOYCE AVE., COLUMBUS, OH 43219
TOTAL………$70,218.00
SECTION 5. The City Attorney is authorized to file the necessary complaints to appropriate the Real Estate in the appropriate court of common pleas and impanel a jury to inquire and assess the just compensation for the Real Estate.
SECTION 6. In order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, the City Attorney is authorized to spend up to Seventy Thousand, Two Hundred-eighteen, and 00/100 U.S. Dollars ($70,218.00), or so much as may be needed, from the Streets and Highways Bonds Fund and Storm Sewer Bonds Fund, as follows:
(Fund) / (Project) / (Project Name) / (O.L. 01-03 Codes) / (OCA) / (Div.) / (AC) / (Amount)
(704) / (590415-100003) / (Operation Safewalks - Joyce Avenue Ph. 3) / (06-6601) / (745517) / (59-12) / (AC-035471-002) / ($68,338.00)
(Fund) / (Project) / (Project Name) / (O.L. 01-03 Codes) / (OCA) / (Div.) / (AC) / (Amount)
(685) / (610990-100002) / (Seventeenth Avenue SSI) / (06-6601) / (680990) / (60-15) / (AC-033182-003) / ($1,880.00)
SECTION 7. City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 8. For the reasons stated in this ordinance's preamble, which are fully incorporated into this ordinance, this ordinance is declared to be an emergency measure and will take effect and be in force from and after this ordinance's passage and approval by the Mayor or ten (10) days after this ordinance's passage if the Mayor neither approves nor vetoes this ordinance.