Ordinance 23-12RECORD OF ORDINANCES
Dayton Legal Blank. Inc. Form No. 30043
Ordinance No.
23 -12
Passed 20
AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 FOR THE
PURPOSE OF PROVIDING FUNDING AUTHORIZATION FOR THE
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
RELATED TO THE RIGHT -OF -WAY ACQUISITION OF THE
HAWKINS PROPERTY
WHEREAS, the Ohio Revised Code requires, when necessary, amendments to
the annual appropriations ordinance be made in order that appropriations are
not over expended; and
WHEREAS, it is necessary to amend the annual appropriations ordinance to
provide funding in certain budget accounts.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, � — of the elected members concurring that:
Section 1 . There be appropriated from the unappropriated balance in the
COIC Fund the amount of $290,000 to account 448 - 0314 - 780 -2510 for the
settlement agreement and release of all claims related to the right -of -way
acquisition of the Hawkins property.
Section 2 . The public hearing be waived to provide immediate funding
authorization for these projects and programs.
Section 3 . This ordinance shall take effect and be in force in accordance with
Section 4.04(a) of the Dublin City Charter.
Passed this AV day of 2012
Mayor – Presfdint Officer
ATTEST:
Clerk of Council
Office of the City Manager
City of Dublin Pho n ne: 614 - 410.4400- Fax: - 4490 43017-1090
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager \xq&
Date: April 23, 2012
Initiated By: Angel L. Mumma, Deputy City Manager / Director of Finance
Memo
Re: Ordinance No. 23 -12 - Amending the Annual Appropriations for Fiscal Year Ending
December 31, 2012 for the Purpose of Providing Funding Authorization for the
Settlement Agreement and Release of All Claims Related to the Right -Of -Way
Acquisition of the Hawkins Property
Background
On December 12, 2008, the City filed an eminent domain appropriation lawsuit against the
Hawkins Family Partnership, Ltd. ( "Hawkins' in furtherance of the 33/161 interchange
improvement project. The case was filed in the Union County Court of Common Pleas. The City
had the Hawkins property appraised and the appraiser determined that, based upon the
appropriation, the amount of compensation that should be paid to Hawkins was $397,711.
Hawkins hired its own appraiser and determined that the amount of compensation that should be
paid to Hawkins was $8,739,063, of which $7,963,550 was related to damages pertaining to a
perceived loss of access after Dublin's appropriation. The parties engaged in settlement
discussions and were able to come to amicable terms with respect to both access and
compensation to be paid to Hawkins. The total compensation to be paid to Hawkins is $687,711,
which is an additional $290,000 over the City's appraised value and the amount that had
previously been paid.
Ordinance No. 23 -12 amends the annual appropriations for the fiscal year ending December 31,
2012 in the COIC Fund to provide sufficient funding in order to meet the terms of the settlement.
Section 1 requests additional funding authorization in the COIC Fund to cover costs related to the
settlement agreement for the Hawkins property.
Recommendation
Staff recommends that Council dispense with the second reading /public hearing and adopt
Ordinance No. 23 -12 at the April 23, 2012 Council meeting.