header-left
Share to Facebook Share to Twitter Bookmark and Share
File #: 0385-2018    Version: 1
Type: Ordinance Status: Passed
File created: 1/29/2018 In control: Public Service & Transportation Committee
On agenda: 2/12/2018 Final action: 2/14/2018
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 Weinland Park 7th to 9th Right-of-Way Improvements; and to declare an emergency. ($4,690.00)

EXPLANATION

 

BACKGROUND:

 

 

The City’s Department of Public Service (DPS) is performing the Weinland Park 7th to 9th Right-of-Way Improvements 3327E (PID 530058-100002) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of High Street between 7th and 9th Avenues (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Numbers 1576-2012 and 2525-2016 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0224X-2017 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public right-of-way of High Street between 7th and 9th Avenues Columbus, Ohio 43201 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 0224X-2017. 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 7704 pursuant to existing Auditor’s Certificate ACDI000202-10.

 

EMERGENCY JUSTIFICATION:

 

Emergency action is requested in order to acquire the Real Estate 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 complaints in order to immediately appropriate and accept the remaining fee simple and lesser real estate necessary to timely complete the Weinland Park 7th to 9th Right-of-Way Improvements; and to declare an emergency. ($4,690.00)

 

BODY

 

WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Weinland Park 7th to 9th Right-of-Way Improvements 3327E (PID 530058-100002) 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 High Street between 7th and 9th Avenues, Columbus, Ohio 43201; and

 

WHEREAS, the City, pursuant to the passage of Ordinance Numbers 1576-2012 and 2525-2016 and the adoption of Resolution 0224X-2017, 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 the public right-of-way of High Street between 7th and 9th Avenues, Columbus, Ohio 43201, which will be open to the public without charge; and

 

WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; 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 0224X-2017 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 Weinland Park 7th to 9th Right-of-Way Improvements 3327E (PID 530058-100002) 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

 

1-WD (FMVE- $4,690)

Anthony R. Butler

1371 N. High Street

Columbus, OH 43201

 

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 the public right-of-way of High Street Between 7th and 9th Avenues 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 Four Thousand Six Hundred and ninety and 00/100 U.S. Dollars ($4,690.00), or so much as may be needed from existing Auditor’s Certificate ACDI000202-10.

 

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, for the reasons stated in the preamble, which are made of part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s passage and approval by the Mayor or ten (10) days after its passage if the Mayor neither approves nor vetoes this ordinance.