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TO AUTHORIZE THE CITY ATTORNEY OR HIS DESIGNEE TO FILE FOR APPROPRIATION OF EASEMENT AT 5061 SHAGBARK ROAD IN CONJUNCTION WITH THE TRIANGLE WEST SANITARY SEWER, IMPROVEMENT NO. 740; TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH CHESTER WILCOX & SAXBE, LLP FOR NECESSARY LEGAL SERVICES; TO SUPPLEMENTALLY APPROPRIATE $15,000; AND TO DECLARE AN EMERGENCY.
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WHEREAS, SR-0003-2010 authorized the necessity and intent to appropriate certain real estate consisting of 0.141 acres of land to obtain sanitary sewer easement for the Triangle West Sanitary Sewer, Improvement No. 740; and
WHEREAS, the City has been unable to come to a settlement agreement with the property owner to obtain said easement and will need to use the courts to settle this issue; and
WHEREAS, the City Engineer has recommended we retain Chester Wilcox & Saxbe, LLP for the necessary legal services associated with the appropriation of this easement; and
WHEREAS, this easement must be obtained before construction can begin on the sanitary sewer and it is imperative to proceed with this project at the earliest possible time, and all for the preservation of the public peace, property, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That the City Attorney or his designee is hereby authorized to file for appropriation of easement for 0.141 acres of land at 5061 Shagbark Road in conjunction with the Triangle West Sanitary Sewer, Improvement No. 740.
Section 2. That the Mayor is hereby authorized to enter into contract with CHESTER WILCOX & SAXBE, 65 East State Street, Suite 1000, Columbus, Ohio 43215, for legal services associated with the appropriation of the needed easement; proposal attached as EXHIBIT A and made a part herein.
Section 3. That funding in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) is hereby supplementally appropriated from the unencumbered, unappropriated balance of the SSCI Fund to Account No. 662.361.5596, SSCI Capital Projects/Improvements, to cover the herein costs.
Section 4. That ORD-0001-2011, passed January 3, 2011 is hereby amended to reflect this supplemental appropriation.
Section 5. That, for the reasons set forth in the preamble herein above, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.