EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the FRA Intersection Improvements - Cleveland Ave 5th Ave to Lehner Rd project (PID108642) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Cleveland Avenue corridor from 5th Avenue to Lehner Road (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 1252-2021 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.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Not applicable.
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 declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the FRA Intersection Improvements - Cleveland Ave 5th Ave to Lehner Rd project (PID108642); and to declare an emergency. ($0.00)
BODY
WHEREAS, the City intends to improve certain public right-of-way by allowing the Department of Public Service (“DPS”) to engage in the FRA Intersection Improvements - Cleveland Ave 5th Ave to Lehner Rd project (PID 108642) (“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 Cleveland Avenue corridor from 5th Avenue to Lehner Road (“Real Estate”) in order to complete the Public Project; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, impr...
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