2016-85 Property interests for W. Center Paving Job 2017

ORDINANCE AUTHORIZING THE CITY LAW DIRECTOR TO FILE COMPLAINT TO APPROPRIATE THE REMAINDER FEE SIMPLE TITLE AND LESSER REAL PROPERTY INTERESTS NECESSARY FOR THE CITY’S DEPARTMENT OF PUBLIC SERVICE FOR WEST CENTER PAVING PROJECT 2017; AUTHORIZES THE CITY LAW DIRECTOR TO SPEND FUNDS FROM THE CITY’S DEPARTMENT OF PUBLIC SERVICE FEDERAL STATE ENGINEERING FUND, FUND NUMBER 765 AND DECLARING AN EMERGENCY

WHEREAS, The City Law Director was unable to locate some of the Real Estate Interests’ owners or agree with some of the Real Estate Interests’ owners regarding the amount of just compensation for the Real Estate Interests; and

 

WHEREAS, the City adopts this ordinance declaring the City’s necessity and intent to appropriate the Real Estate Interests for the Public Project; and

 

WHEREAS, The City Law Director served notice to the Real Estate Interests’ owners of the (1) public purpose for the Public Project; and

 

WHEREAS, City Council authorizes the City Law Director to spend City funds and file necessary complaints to appropriate some of the Real Estate Interests for the Public Interest;

 

WHEREAS, an emergency exists in the usual daily operations of the City, because it is immediately necessary to appropriate the remainder of the Real Estate Interests so there will be no delay in the Public Project, which preserves the public Pease, property, health, safety, and welfare; and NOW, THEREFORE,

 

BE IT ORDAINED by the Council of the City of Marion, Marion County, Ohio:

Section 1.     The fee simple title and lesser real property interests associated with the parcels of real property interests listed in Exhibit A (collectively, the “Real Estate Interests”) declaring the necessity and intent to appropriate the real property hereinafter described (“Real Property”) are to be appropriated for the public purpose for the City’s West Central Paving Project.

Section 2.     Pursuant to the City’s power and authority under the Ohio Constitution and Ohio Revised Code Sections 715.01, 717.01, and 719.01-719.02, City Council declares the City’s appropriation of the Real Estate Interests are necessary for the Public Project because the City was unable to locate the Real Estate Interests’ owners or agree with the Real Estate Interests’ owners regarding the amount of just compensation paid for the Real Estate Interests.

Section 3.     City council declares its intention to obtain immediate possession of the Real Estate Interests described in this ordinance for West Center Paving Project.

Section 4.     City Council declares that the fair market value of the Real Estate Interests as follows: PUBLIC PROJECTS PARCEL NUMBER(S) (FAIR MARKET VALUE AMOUNT) SEE “EXHIBIT A”

Total ……Equal to or less than $300 or

Section 5.     The City Law Director is authorized to file complaints for appropriation of the Real Estate Interests in the appropriate court of common plea and impanel a jury to inquire and assess the just compensation to pay the Real Estate Interests necessary for the West Side Paving Project.

Section 6.     In order to pay for the Real Estate Interests’ acquisition and appropriation costs for the Public Project, the City Law Director is authorized to spend up to 300.00 or so much as many be needed from the Department of Public Service.

Section 7.     The City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.

Section 8.     For the reasons stated in this ordinance’s preamble, which are made a part of this ordinance, this ordinance is declared to be an emergency measure and will take effect and be in force from and after this ordinance’s passage and approval by the Mayor or ten days after this ordinance’s passage if the Mayor neither approves nor vetoes this ordinance.

 

 

Approved:

                                                                                                                                                                          _________________________

                                                            Dr. Scot Gray

                                                            President of Council

 

 

____________________________

Mayor Scott Schertzer

 

 

Attest:

 

 

____________________________

Clerk of Council