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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.