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File #: 0438-2020    Version: 1
Type: Ordinance Status: Passed
File created: 2/7/2020 In control: Public Service & Transportation Committee
On agenda: 3/2/2020 Final action: 3/5/2020
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 FRA-US40-10.55 W. Broad Urban Paving Project; and to declare an emergency. ($5,983.00)
EXPLANATION

BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the FRA-US40-10.55 W. Broad Urban Paving Project (Project No. 530282-100110 PID 86645) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of West Broad Street from Stevens Avenue to Starling Street (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 2748-2017 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution Number 0266X-2019 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 West Broad Street 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 Number 0266X-2019. 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 acquire the Real Estate is available through the Government Build America Bond Fund, Fund 7746 pursuant to existing Auditor’s Certificate ACDI000435-10.

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 simple and lesser real estate necessary to timely complete the FRA-US40-10.55 W. Broad Urban Paving Project; and to declare...

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