Explanation
BACKGROUND:
The City’s Department of Public Service (DPS) is engaged in the Pedestrian Safety Improvements - Moler Road Sidewalks (PID 590105-100065) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real property interests located in the vicinity of the public right-of-way known as Moler Road, Columbus, Ohio 43207 (collectively, “Real Estate”) in order for DPS to complete the Public Project. The City passed Ordinance Number 0922-2012 authorizing the City Attorney to acquire the Real Estate. The City also adopted Resolution Numbers 0239x-2015 and 0014x-2016 declaring the City’s (i) public purpose and necessity of the Public Project, and (ii) intent to appropriate the Real Estate.
The City Attorney, pursuant to Columbus City Code, Section 909.03, served notice to all of the owners of the Real Estate the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution Numbers 0239x-2015 and 0014x-2016. 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 the City would pay to acquire the Real Estate.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Funding to appropriate the Real Estate will come from the Streets and Highways GO Bond Fund, Fund Number 704.
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to acquire the Real Estate and allowing DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
Title
To authorize the City Attorney to file complaints in order to immediately appropriate and accept fee simple and lesser real estate title interests necessary to timely complete the Pedestrian Safety Improvements - Moler Road Sidewalks Public Improvement Project; and authorize the City Attorney to spend funds from the Streets and Highways Bond Fund; and to declare an emergency. ($31,138.00)
Body
WHEREAS, the City intends to improve certain portions of the public right-of-way of Moler Road by allowing the Department of Public Service (DPS) to engage in the Pedestrian Safety Improvements - Moler Road Sidewalks (PID 590105-100065) Public Improvement Project (i.e. Public Project);
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser property interests located in the vicinity of the public right-of-way known as Moler Road, Columbus, Ohio 43207 (i.e. Real Estate) in order for DPS to complete the Public Project;
WHEREAS, the City, pursuant to the passage of Ordinance Number 0922-2012 and adoption of Resolution Numbers 0239x-2015 and 0014x-2016, intends to authorize the City Attorney to spend funds and file necessary complaints to immediately appropriate and accept the remainder of the Real Estate;
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; 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 0239x-2015 and 0014x-2016 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of the Department of Public Service (DPS) timely completing the Pedestrian Safety Improvements - Moler Road Sidewalks (PID 590105-100065) Public Improvement Project (i.e. Public Project).
SECTION 2. The City declares, 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 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)
OWNER’S ADDRESS(ES)
5 WD & T ($10,625.00)
The City National Bank and Trust Company of Columbus, Ohio
aka JP Morgan Chase Bank, N.A.
1111 Polaris Pkwy, Columbus, Ohio 43240-2050
The City National Bank and Trust Company of Columbus, Ohio
aka JP Morgan Chase Bank, N.A.
P.O Box 1919, Wichita Falls, TX 76307
23 WD & T ($3,772.00)
Percy Prunty & Lillian Prunty (deceased)
1277 Moler Rd., Columbus, Ohio 43207
41 WD & T ($3,642.00)
Restoration Christian Center
P.O. Box 07861, Columbus, OH 43207
52 WD & T ($9,244.00)
Darlene K. Allen
1702 Fairwood Ave., Columbus, OH 43207
53 WD & T ($3,255.00)
Estate of Perry Ellis, Jr., deceased
Estate of Martha B. Ellis, deceased
1489 Moler Rd., Columbus, OH 43207
58-T ($300.00)
John H. Grice (deceased)
Lorisa Ann Woods
1509 Moler Rd., Columbus, OH 43207
68 WD & T ($300.00)
Edna Guinn (deceased 8/2015)
1599 Nason Rd., Columbus, OH 43207
TOTAL………$31,138.00
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 amount of just compensation for the Real Estate.
SECTION 6. The City Attorney, in order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, is authorized to spend up to Thirty-one Thousand, One Hundred Thirty-eight, and 00/100 U.S. Dollars ($31,138.00), or so much as may be needed, from existing Auditor’s Certificate ACDI000017 (AC033600-005) established by Ordinance Number 0922-2012.
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 the preamble of this ordinance, which are fully incorporated into this ordinance as if rewritten, 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 (10) days after its passage if the mayor neither approves nor vetoes this ordinance.