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File #: 2480-2016    Version: 1
Type: Ordinance Status: Passed
File created: 9/26/2016 In control: Public Service & Transportation Committee
On agenda: 10/24/2016 Final action: 10/26/2016
Title: To authorize the City Attorney to file complaints in order to immediately appropriate and accept the remaining fee simple and lesser real estate necessary to timely complete the Poindexter Village Roadways Phase-2 Public Improvement Project; and authorize the City Attorney to spend funds from the Streets and Highways Bond Fund; authorize the City Attorney to spend funds from the Streets and Highways Bond Fund pursuant to an existing Auditor’s certificate; and to declare an emergency. ($1,164.00)
...Explanation

BACKGROUND:

The City’s Department of Public Service (DPS) is performing the Poindexter Village Roadways Phase-2 (PID 590416-100003) Public Improvement Project (“Public Project”). The City must acquire title to certain fee simple title and lesser real estate located along the public right-of-way of Mount Vernon Avenue and Ohio Avenue, Columbus, Ohio 43203 (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 2956-2015 authorizing the City Attorney to acquire the Real Estate. The City also adopted Resolution Number 0069x-2016 declaring the City’s (i) public purpose and necessity of the Public Project, and (ii) intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of Mount Vernon Avenue and Ohio Avenue’s public roadway and associated appurtenances, which will be open to the public without charge.

The passed Ordinance Number 1549-2016 authorizing the City to appropriate certain parcels of the Real Estate. And this ordinance is to authorize the City to appropriate the remaining parcels of the Real Estate in order for DPS to timely complete the Public Project.

The City Attorney, pursuant to Columbus City Code, Section 909.03, served notice to all of the owners of the Real Estate of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution Numbers 0069x-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.

CONTRACT COMPLIANCE:

Not applicable.

FISCAL IMPACT:

Funding to appropriate the Real Estate will come from the Streets and Highways Bond Fund pursuant to existing ACDI000045-10 established by Ordinance Number 2956-2015.

EMERGENCY JUSTIFICATION:

Emergency action is requested in order to acquire the Real Estate and allowing...

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