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TO APPROPRIATE A FEE SIMPLE INTEREST IN A 10.592 ACRE TRACT OF LAND, LOCATED AT 258 JAMES ROAD AND OWNED BY GEORGE W. WEBER; FOR THE PURPOSE OF PARK LAND AND RECREATIONAL TRAIL DEVELOPMENT; TO SUPPLEMENTALLY APPROPRIATE $160,000 THEREFOR; AND TO DECLARE AN EMERGENCY
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WHEREAS, the City of Gahanna is prepared to acquire floodway property for park purposes and to develop a recreational trail along Big Walnut Creek and said trail is to be open to the public; and
WHEREAS, the improvement will require the City of Gahanna to obtain fee simple interest as described in the attached exhibit; and
WHEREAS, a resolution of necessity and intent was adopted by Council by SR-0004-2007 on November 19, 2007; and
WHEREAS, it is imperative to move forward as quickly as possible in order to effect trail development and the use of grant monies for that purpose this year, and all for the preservation of the public peace, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That fee simple interests in and to the premises located at the rear of 258 James Road, and more fully described in the legal description attached hereto as EXHIBIT A, are hereby appropriated for the public purpose of improvement with the development of a recreational trail pursuant to the Ohio Revised Code Chapters 163, 715, 717, and 719; and the Constitution of the State of Ohio and other applicable laws.
Section 2. That the appraised value plus associated costs of all the interests appropriated is One Hundred Sixty Thousand Dollars ($160,000) including damages to residual lands, if any, which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of property appropriated and that upon such deposit, the City of Gahanna shall take possession of and enter upon the property pursuant to law.
Section 3. The Mayor is authorized to serve notice of intent to acquire in accordance with Chapter 163 of the Ohio Revised Code.
Section 4. That the City Attorney is directed to file a petition for appropriation in the Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above should the City be unable to agree with the owners of the property.
Section 5. That ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000) is hereby supplementally appropriated from the unencumbered, unappropriated balance in the General Fund to Account No. 101.431.5531, Parks, Land Acquisition, to cover the herein costs.
Section 6. That ORD-0001-2008, passed January 2 , 2008, is hereby amended to reflect this supplemental appropriation.
Section 7. That for the reasons set forth in the preamble hereinabove, this ordinance is declared emergency legislation and shall be in full force and effect upon passage by this Council and on date of signature approval of the Mayor.