EXPLANATION
BACKGROUND:
The City’s Department of Public Utilities (DPU) is engaged in the Lockbourne Air Quality Improvement - (CIP 650491-100005) Public Improvement Project (“Public Project”). The City must acquire in good faith and accept certain fee simple title and lesser real property interests located in the vicinity of Rowe Road, Lockbourne Ohio 43137 (collectively, “Real Estate”) in order for DPU to complete the Public Project. The City passed Ordinance Number 0064-2017 authorizing the City Attorney to acquire the Real Estate. Accordingly, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation for the Real Estate.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Not applicable.
EMERGENCY JUSTIFICATION:
Not applicable.
TITLE
To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Lockbourne Air Quality Improvement - (CIP 650491-100005) Public Improvement Project. ($0.00)
BODY
WHEREAS, the City intends to improve certain public sewer infrastructure by allowing the Department of Public Utilities (DPU) to engage in the Lockbourne Air Quality Improvement - (CIP 650491-100005) 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 public right-of-way of Rowe Road, Lockbourne, Ohio 43137 (“Real Estate”) in order to complete the Public Project; and
WHEREAS, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation for the Real Estate; and now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. The City, pursuant to the City’s Charter, Columbus City Revised Code, Chapter 909 (1959), Constitution of the state of Ohio, and Ohio Revised Code, Chapter 719, declares the necessity and intent to appropriate and accept the fee simple title and lesser real estate to the following listed parcel (Real Estate), which is fully described in its associated exhibit and incorporated into this resolution for reference, in order for the Department of Public Utilities (DPU) to complete the Lockbourne Air Quality Improvement - (CIP 650491-100005) Public Improvement Project (“Public Project”).
(Exhibit) … (Public Project Parcel Identification) … (Modified Real Estate)
1) 1-WD (fee simple title without limitation of access)
SECTION 2. The City Attorney is authorized to cause a written notice of this resolution’s adoption to be served in the manner provided by law upon the owner(s), person(s) in possession, or person(s) possessing a real or possible real property interest of record in the Real Estate.
SECTION 3. This ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.