Explanation
BACKGROUND:
The City’s Department of Public Service (DPS) is engaged in the FRA-Central Ohio Transit Authority (COTA) - Cleveland Avenue Bus Rapid Transit (BRT) - (PID 94357; 3163 Dr E) 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 43215 (collectively, “Real Estate”) in order for DPS to complete the Public Project. The City passed Ordinance Number 0567-2015 authorizing the City Attorney to acquire the Real Estate. The City also adopted Resolution Numbers 0152x-2015, 0214x-2015, 0020x-2016, and 0102x-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 the appropriate Resolution Number 0152x-2015, 0214x-2015, 0020x-2016 or 0102x-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 Federal State Highway Engineering Fund, Fund number 766.
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 FRA-COTA BRT Public Improvement...
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