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File #: 1930-2021    Version: 1
Type: Ordinance Status: Passed
File created: 7/6/2021 In control: Public Service & Transportation Committee
On agenda: 7/19/2021 Final action: 7/22/2021
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 Roadway - Sullivant Avenue - Hague to I-70 Project; to authorize an expenditure of $3,805.00 from existing ACDI001186-10; and to declare an emergency. ($3,805.00)

EXPLANATION

 

BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Roadway - Sullivant Avenue - Hague to I-70 Project (Project Number 531034-100001) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Sullivant Avenue from Hague Avenue to I-70 (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 2293-2020, authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0042X-2021 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 Sullivant Avenue from Hague Avenue to I-70 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 0042X-2021. 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 Streets and Highways GO Bond Fund, Fund Number 7704 pursuant to existing Auditor’s Certificate ACDI001186-10.

 

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 Roadway - Sullivant Avenue - Hague to I-70 Project; to authorize an expenditure of $3,805.00 from existing ACDI001186-10; and to declare an emergency. ($3,805.00)

 

BODY

 

WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Roadway - Sullivant Avenue - Hague to I-70 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  Sullivant Avenue from Hague Avenue to I-70; and

 

WHEREAS, the City, pursuant to the passage of Ordinance Number 2293-2020 and the adoption of Resolution Number 0042X-2021, 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 Sullivant Avenue from Hague Avenue to I-70 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 (“Real Estate”) are (i) fully described in Resolution 0042X-2021and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of the Department of Public Service (“DPS”) timely completing the Roadway - Sullivant Avenue - Hague to I-70 Project (Project Number 531034-100001) (“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

 

2T (FMVE $390)

Bashir A. Jara   

4645 Sperry Avenue

Columbus, Ohio 43230

 

4P (FMVE $300)

YAD Holding, LLC  

2794 E. Broad Street

Columbus, Ohio 43209

 

5T (FMVE $300)

Ohio Valley District of the Christian

and Missionary Alliance

2578 Sullivant Avenue

Columbus, Ohio 43204

 

10P, 10T (FMVE $300)

1DIVINELINE2 Health        

3244 Valley Lane South

Columbus, Ohio 43231

 

15-T1, 15-T2 (FMVE $300)

2352 Sullivant, LLC

c/o Gary Gillet, Registered Agent

175 S. Third Street, Suite 1010

Columbus, OH 43215

 

16-T (FMVE $300)

Bibleway Church of Our Lord, Jesus Christ World Wide, Inc.

453 South Wheatland Avenue

Columbus, OH 43204

 

17-T (FMVE $300)

Otis L. Buckner and Bailene O. Buckner

2300 Sullivant Avenue

Columbus, OH 43204

 

18-T1, 18-T2 (FMVE $300)

Fuel Plus, Inc.

c/o Nafez Jallaq, Registered Agent

4226 Springport Drive

Grove City, OH 43123

 

19-T (FMVE $300)

Lin Chan

P.O. Box 9462

Columbus, OH 43209

 

20A-P, 20-T (FMVE $300)

Laura Grashel

268 Letchworth Avenue

Columbus, Ohio 43204

 

21P, 21T (FMVE $715)

John S. Simpson

2579 Nottingham Road

Columbus, Ohio 43221

 

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 Sullivant Avenue from Hague Avenue to I-70 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 Three Thousand Eight Hundred Five and 00/100 U.S. Dollars ($3,805.00), or so much as may be needed from existing Auditor’s Certificate ACDI001186-10.         

 

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 a 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 adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.