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 SR 91 North Turn Lane 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
14-113 - Authorize amended LPA Agreement, 9/3/2014
16-0067 - Discussion on Cost Estimates and Recommendations, 7/12/2016
17-7 - Authorize Contract with ms consultants for design, 1/17/2017
18-57 - Enter into Contract with Bowman Appraisal Services, 5/1/2018
18-58 - Enter into a Contract with OR Colan for ROW Acquisition Services, 5/1/2018
19-94 - Resolution of Necessity and Declaring City’s Intent to Appropriate, 7/9/2019
19-114 - Resolution of Necessity and Declaring City’s Intent to Appropriate, 8/6/2019
19-144 - Resolution of Necessity and Declaring City’s Intent to Appropriate, 10/15/2019
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 Nos. 19-94, 19-114, and 19-144 were passed by Council on July 9, 2019, August 6, 2019, and October 15, 2019 respectively; all property owners involved were served with certified copies of these Resolutions; 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 10 parcels is $32,730.00. Below is a summary of the fair market value for each parcel:
7041 Darrow Road, LTD (17WDR1, WDR2, T-1, and T-2
Parcel 30-04219 - $11,497.00
Matthew L. Campbell (18WD)
Parcel 30-01128 and 30-011729 - $3,460.00
Joseph David Kirchner (21WD)
Parcel 30-01844 - $3,765.00
Clarence E. Danford (22WD)
Parcel 30-00588 - $3,163.00
Maria Anorea Berti Stein and James Edward Stein (27T)
Parcel 30-06234 - $3,240.00
John C. Heinnickel (31T)
Parcel 30-01696 - $300.00
Daren Oddenino and Jennifer Oddenino (35WD, T)
Parcel 30-09609 - $4,100.00
Cory Skinner and Stephanie M. Liddy (40T)
Parcel 30-02225 - $1,215.00
John Carse and Debra Carse (42WD, T1, and T2)
Parcel 30-06952 - $1,560.00
John T. Sisler (44T)
Parcel 30-04644 - $430.00
Timing Considerations
Filing for access to these parcels will occur as soon as feasible, upon Council approval. Utility relocation will be able to proceed with this access. Initiation of construction activity is expected Winter, 2019/Spring 2020.
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 (205 Fund - $18,242.00 and 430 fund - $14,488.00)
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 91N Turn Lane 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