...EXPLANATION
BACKGROUND:
The City’s Department of Public Service (DPS) is performing the Livingston Avenue Phase C- Fifth Street to Kennedy Drive (530161-100166) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located along the public right-of-way of Livingston Avenue from Fifth Street to Kennedy Drive, Columbus, Ohio 43215 (collectively, “Real Estate”) in order for DPS to complete the Public Project. The City passed Ordinance Number 2407-2016 authorizing the City Attorney to acquire the Real Estate on behalf of the City. Furthermore, the City also adopted Resolution 0268X-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 Livingston Avenue’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 0268X-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 Bond Fund pursuant to existing Auditor’s Certificate ACDI000190-10.
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to acquire the Real Estate and allow 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 the remaining fee simp...
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