Title
AN ORDINANCE TO APPROPRIATE PROPERTY FROM VARIOUS PROPERTY OWNERS FOR THE MAKING OF ROADS OPEN TO THE PUBLIC WITHOUT CHARGE; AND DECLARING AN EMERGENCY.
Brief Description: This is the second piece of legislation required in order to proceed with the property acquisitions for the SR 91 South Safety Improvement Project. This piece of legislation is the final legislative item needed in order to complete the property acquisitions for this project.
Body
Legislative History
18-97 - Enter into Preliminary Engineering Agreement with GPD; 7/24/2018
18-0101 - Discussion on preliminary design; 10/9/2018
18-186 - Enter into LPA Agreement; 12/4/2018
20-165 - Submit to PC for Report and Recommendation; 12/15/2020
20-22 - Enter into Final Design Contract with GPD; 3/3/2020
21-30 - Enter into Contract with OR Colan for Acquisition Services; 3/16/2021
21-122 - Enter into Temporary Easements; 10/19/2021
21-139 - Intent to Appropriate; 11/16/2021
Purpose & Explanation
Prior to filing an appropriation or eminent domain action in the Summit County Probate Court, the Council must adopt two pieces of legislation at separate meetings. First, Resolutions of Necessity and Intent to Appropriate the parcels must be adopted in order to declare the intent to appropriate, define the purpose of the appropriation and set forth a description of the land to be appropriated. Resolution No. 21-139 was passed by Council on November 16, 2021; all property owners involved were served with certified copies of this Resolution; and proper service was confirmed.
In order to authorize the required funds to be appropriated and direct the City Solicitor to file the petitions to appropriate with the Court, this Ordinance to Proceed must be adopted by Council.
The total fair market value for all parcels is $3,848.00. Below is a summary of the fair market value for each set of parcels:
Summit II, LLC (6-T)
Parcels 30-00279, 30-00287 and 30-00288 - $2,138.00
Fozio Holdings, LLC (11-T)
Parcels 30-00136 and 30-00137 - $900.00
A&Y Silmi Corp. (12-T)
Parcel 30-01839 - $810.00
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other
Fiscal Impact
X Currently Budgeted (430 Fund )
Supplemental Appropriation Required
Appropriation Not Required
Does this legislation require use of an emergency clause?
X Yes - In order to keep the project on schedule
No
Recommendation
Suggested Action
Staff recommends the passage of this Ordinance for the City to acquire subject properties in order to keep the SR 91 South Widening Safety Improvement Project on schedule.
Submitted by,
Jane Howington, City Manager
Thomas J. Sheridan, PE, PS, Assistant City Manager - Professional Services
Bradley S. Kosco, PE, PS, City Engineer
Nate Wonsick, PE, Assistant City Engineer