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File #: 0871-2016    Version: 1
Type: Ordinance Status: Passed
File created: 3/23/2016 In control: Public Service & Transportation Committee
On agenda: 4/11/2016 Final action: 4/14/2016
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 State Route 3 Long Street - Cleveland Ave & Westerville Road Urban Paving Public Improvement Project; and authorize the City Attorney to spend funds from the Streets and Highways Bond Fund; and to declare an emergency. ($300.00)
Explanation

BACKGROUND:

The City’s Department of Public Service (DPS) is engaged in the State Route 3 Long Street - Cleveland Ave & Westerville Road Urban Paving (PID 530282-100054) 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 of Cleveland Avenue, Columbus, Ohio 43211 (collectively, “Real Estate”) in order for DPS to complete the Public Project. The City passed Ordinance Number 2126-2013 authorizing the City Attorney to acquire the Real Estate. The City also adopted Resolution Number 0258x-2015 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 Number 0258x-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 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 Highway GO Bonds 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 State Route 3 Long Street - Cleveland Ave & Westerville Road Urban Paving Public Improvement Project; and authorize the City Attorney to spend fund...

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