EXPLANATION
BACKGROUND:
The City’s Department of Public Service (DPS) is performing Arterial Street Rehabilitation - James Road (530103-100014) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of James Road and Livingston Avenue (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 1617-2014 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0296X-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 James Road Columbus, Ohio 43227 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 0296X-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 & Highways G.O. Bond fund pursuant to existing Auditor’s Certificate ACDI000265-10.
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 Arterial Street Rehabilitation - James Road Public Improvement Project. ($900.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Arterial Street Rehabilitation - James Road (530103-100014) 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 James Road Columbus, Ohio 43227; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 1617-2014 and the adoption of Resolution 0296X-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 James Road Columbus, Ohio 43227, 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. 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 0296X-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 Arterial Street Rehabilitation - James Road
(530103-100014) Public Improvement Project (“Public Project”).
SECTION 2. 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. The City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. 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
Parcel 22T-FMVE-$300
Jan Ann Gloeckner
1124 S. James Road
Columbus, Ohio 43227
Parcel 79AWD-FMVE-$300
Harry A. Murray and Anna E. Murray
No address or Parcel Number -100% in Road ROW
Parcel 83AWD-FMVE-$300
Main Country Corporation
No address or Parcel Number - 100% in ROW
SECTION 5. 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. 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 James Road and associated appurtenances, which will be open to the public without charge.
SECTION 7. 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 Nine Hundred and 00/100 U.S. Dollars ($900.00), or so much as may be needed from existing Auditor’s Certificate ACDI000265-10.
SECTION 8. City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. This ordinance shall take effect and be in force from and after the earliest period allowed by law.