...EXPLANATION
BACKGROUND:
The City’s Department of Public Service (DPS) is performing the Warner Road - Hamilton Road to Harlem Road (530161-100178) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Warner Road between Hamilton Road and Harlem Road, Columbus, Ohio 43081 (collectively, “Real Estate”) in order for DPS to complete the Public Project. The City passed Ordinance Number 2432-2016 authorizing the City Attorney to acquire the Real Estate on behalf of the City. Furthermore, the City also adopted Resolution 0266X-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 Warner Road’s public roadway 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 0266X-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 Bond fund pursuant to existing Auditor’s Certificate ACDI000205-10.
EMERGENCY JUSTIFICATION: Not Applicable
...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 Warner Road Public Project and authorize the City Attorney to spend funds pursuant to an existing Auditor’s certificate. ($8,826.00)
...BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Warner Road - Hamilton Road to Harlem Road (530161-100178) Public Improvement Project (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real estate located in the vicinity of the right-of-way of Warner Road Columbus, Ohio 43081 (collectively, “Real Estate”) in order to complete the Public Project; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 2432-2016 and the adoption of Resolution 0266X-2016, intends to authorize the City Attorney to spend City funds and file the necessary complaints to immediately appropriate and accept title to the remainder of the Real Estate; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of Warner Road’s public roadway and associated appurtenances, which will be open to the public without charge; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
SECTION 1. That the fee simple and lesser real estate associated with the project parcel numbers listed in Section Four (4) of this ordinance (i.e. Real Estate) is (i) fully described in Resolution 0266X-2016 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of DPS timely completing the Warner Road - Hamilton Road to Harlem Road (530161-100178) Public Improvement Project (“Public Project”).
SECTION 2. That the City declares, pursuant to the City's power and authority under the Ohio Constitution, Ohio Revised Code Sections 715.01, 717.01, 719.01, and 719.02, the City's Charter, and Columbus City Code Chapter 909, the appropriation of the Real Estate is necessary for the Public Project, because the City was unable to locate the Real Estate’s owner(s) or agree in good faith with the Real Estate’s owner(s) regarding the amount of just compensation to be paid by the City for the Real Estate.
SECTION 3. That the City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. That the City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER
OWNER ADDRESS
2-WD, -T (FMVE $8,826.00)
Grover C. Gillman and Martha J. Gillman
5740 Warner Road
Westerville, OH 43081
TOTAL………$8,826.00
SECTION 5. That the City Attorney is authorized to file petitions necessary to appropriate the Real Estate in the appropriate court of common pleas and impanel a jury to inquire and assess the amount of just compensation for the Real Estate.
SECTION 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of Warner Road’s public roadway and associated appurtenances, which will be open to the public without charge.
SECTION 7. That the City Attorney, in order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, is authorized to spend up to Eight Thousand, Eight Hundred Twenty-six and 00/100 U.S. Dollars ($8,826.00), or so much as may be needed from existing Auditor’s Certificate ACDI000205-10 established by Ordinance Number 2432-2016.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.