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File #: 0349-2017    Version: 1
Type: Ordinance Status: Passed
File created: 2/6/2017 In control: Public Service & Transportation Committee
On agenda: 2/27/2017 Final action:
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 Lazelle Road Phase-B (FRA Lazelle Rd. PID 90406) Public Improvement Project (“Public Project”); and authorize the City Attorney to spend funds from the Streets & Highway GO Bond Fund and the Federal State Highway Engineering Fund pursuant to an existing Auditor’s certificate; and to declare an emergency. ($861,894.00)
...EXPLANATION

BACKGROUND:

The City’s Department of Public Service (DPS) is engaged in the Roadway Improvement - Lazelle Road Phase-B (FRA Lazelle Rd. PID 90406) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real property interests located in the vicinity of the right-of-way of Lazelle Road from North High Street (U.S. 23) to Worthington-Galena Road, Columbus, Ohio 43235 (collectively, “Real Estate”) in order to for DPS to timely complete the Public Project. The City passed Ordinance Number 2314-2015 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0140x-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 Lazelle Road’s public roadways and associated appurtenances, which will be open to the public without charge.

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 Number 0140x-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 & Highway GO Bond Fund and the Federal State Highway Engineering Fund pursuant to existing Auditor’s Certificate ACDI000083-10.

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 ...

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