File #: ORD-0017-2011    Version: 1 Name: Appropriation of Easement/Triangle West Sanitary Sewer
Type: Ordinance Status: Passed
File created: 1/18/2011 In control: City Council
On agenda: Final action: 2/7/2011
Title: 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.
Indexes: ENGINEERING, ORDINANCE, SANITARY SEWER
Attachments: 1. ORD-0017-2011.pdf
Title
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, unappropri...

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