039-94 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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39-94
Ordinance No. Passed u19
AN ORDINANCE APPROPRIATING FUNDS TO SETTLE FOUR
APPROPRIATION CASES RELATED TO THE IMPROVEMENT OF
,.... TULLER ROAD AND DECLARING AN EMERGENCY
.... WHEREAS, Council has previously passed Ordinance No. 53-92, appropriating
a fee simple interest and a temporary construction easement in a 9.447 acre
tract, Ordinance No. 54-92, appropriating a fee simple interest and a temporary
construction easement in a 17.940 acre tract, Ordinance No. 47-92
appropriating a fee simple interest and temporary construction easement in a
1.638 acre tract, and Ordinance No. 46-92 appropriating a fee simple interest
and temporary construction easement in a 1.5 acre tract,for the improvements
to Tuller Road; and
WHEREAS, pursuant thereto, appropriation litigation was initiated in the
Franklin County Common Pleas Court (the Court) in Case No. 92CVH05-3692
and Case No. 92CVH05-3700; and
WHEREAS, the Court has heard the above referenced cases and rendered a
decision; and
WHEREAS, the parties have settled case numbers 92CVH05-3695 and
92CVH05-3699; and
WHEREAS, it is necessary to amend the annual appropriations ordinance for the
,... purpose of appropriating funds to comply with the Court's decision, and
settlement agreements, and to provide for other costs related to the project.
..... NOW THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State
of Ohio, '1 of the elected members concurring.
Section 1. That there be appropriated from the unappropriated balance in the
Tuller Road Improvements Fund the amount of $181,843. Of the total,
$1 5,000 is to be appropriated to account 42-03-14-2349 for professional
appraisal services relating to the court cases and $166,843 appropriated to
account 42-03-14-2510 to comply with the Court's decision, and settlement
entries.
Section 2. That this ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of public peace, health or welfare of
the residents of this City, and therefore this ordinance shall take effect and be
in force immediately upon its passage.
Passed this I f -tt.. day of ~' , 1994.
(1fIl (;11~or - Presiding Officer
..... ATTEST:
~e ClI~__
Clerk of Council
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