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File #: 0603-2017    Version: 1
Type: Ordinance Status: Passed
File created: 3/1/2017 In control: Public Service & Transportation Committee
On agenda: 3/27/2017 Final action: 3/29/2017
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 Arterial Street Rehabilitation - Cleveland Avenue at Schrock Road (PID 530086-100025) Public Improvement Project (“Public Project”); and authorize the City Attorney to spend funds from the State & Highway Engineering fund, the Streets & Highway General Obligation Bond, and the Highway Improvement Non Bond Fund (Federal State Highway Engineering Fund) pursuant to existing Auditor’s certificates; and to declare an emergency. ($3,186,064.00)
..EXPLANATION

BACKGROUND:

The City’s Department of Public Service (DPS) is engaged in the Arterial Street Rehabilitation - Cleveland Avenue at Schrock Road (PID 530086-100025) Public Improvement Project (“Public Project”). The City is partnering with the City of Westerville, Ohio, an Ohio municipal corporation (“Westerville”), in completing the Public Project. The City and Westerville must acquire and accept certain fee simple title and lesser real property interests located in the vicinity of Cleveland Avenue and Schrock Road, Columbus, Ohio 43229 (collectively, “Real Estate”) in order to timely complete the Public Project. The Real Estate will be acquired in either the name of the City or the City of Westerville, and the City passed Ordinance Number 0297-2015 authorizing the City Attorney to acquire the Real Estate on behalf of the City and Westerville. Furthermore, the City also adopted Resolutions 0126X-2015 and 0001X-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 Cleveland Avenue’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 Resolutions 0126X-2015 and 0001X-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 State & Highway Engineering fund, the Streets & Highway General Obligation Bond, and the Highway Improvement Non Bond Fund (Federal State Highway Engineering Fund) ...

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