File #: R-373-21    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 7/2/2021 In control: Public Utilities Department
On agenda: 7/20/2021 Final action: 7/20/2021
Title: Declaring the necessity and intention of appropriating a highway easement across a portion of the property owned by The Toledo Edison Company, located at 4576 River Road (rear) for the Anthony Wayne Trail Improvement Project (Detroit to Glendale); and declaring an emergency.
Attachments: 1. Talking Points, 2. Exhibit A

Label

DPU072021APPROPRIATE4576RIVERRDREAR

Utility Administration

Jamie Miller (x1409)

Revised

 

Title

Declaring the necessity and intention of appropriating a highway easement across a portion of the property owned by The Toledo Edison Company, located at 4576 River Road (rear) for the Anthony Wayne Trail Improvement Project (Detroit to Glendale); and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

The city is proceeding with the Anthony Wayne Trail Improvement Project, which will include a complete reconstruction and lane reduction of the Anthony Wayne Trail (Lucas County Route 25) roadway from Detroit Avenue to Glendale Avenue, as well as the construction of multi-use path and utility improvements, which will better meet the current needs of the public and enhance the aesthetic appearance in this area.  The project will require the purchase of a highway easement, of 0.371 acres, more or less, across a portion of the property located at 4576 River Road (rear), from The Toledo Edison Company. Negotiations with The Toledo Edison Company have been unsuccessful to date and it is now necessary to begin appropriation proceedings to protect the city’s interest in the rights-of-way to be acquired and keep the project on schedule. 

 

The fiscal impact of this resolution is as follows:

-                     The amount of funds requested: n/a

-                     The expenditure budget line item: n/a

-                     New revenue generated (operational revenue, grants, if any): n/a

-                     Revenue budget line item (if any): n/a

-                     Are funds budgeted in the current fiscal year (yes/no)?: n/a

-                     Is this a capital project (yes/no)?  n/a

-                     If yes, is it new or existing (new/existing)?

-                     What section of the City’s Strategic Plan does this support:

o                     Excellence in Basic Services (yes/no) yes

o                     Quality Community Investment (Livable City, Development) (yes/no) yes

o                     Workplace Culture & Customer Service (yes/no) no

o                     Environment (yes/no) no

 

Summary

NOW, THEREFORE, Be it resolved by the Council of the City of Toledo:

                                          

                     SECTION 1.  That this Council declares its intention to appropriate a highway easement from The Toledo Edison Company, across a portion of the real estate located at 4576 River Road (rear) (TD 14-55311), as more fully described on Exhibit “A” attached hereto and incorporated herein by reference.

 

SECTION 2.                     That negotiations for the acquisition of the described property interests have been unsuccessful to date and that the acquisition of the property interests described in Section 1 is necessary for the Anthony Wane Trail Improvement Project (Detroit to Glendale).

 

                     SECTION 3.                     That it is ordered and directed that, once adopted, the Clerk of Council shall serve this Resolution as required by law, via certified mail, upon the representative(s) of the owner of the described real estate.

                     

                     SECTION 4.                     That this Resolution is declared to be an emergency measure and shall be in force and effect from and after its passage.  The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the acquisition of the property interests from The Toledo Edison Company is necessary for the timely construction of the Anthony Wayne Trail Improvement Project (Detroit to Glendale).

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Adopted:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  _________________________                                          __________________________________

                                          Clerk of Council                                                                                 President of Council

 

                     

Approved:  ______________________                                      __________________________________

                                                                                                                                                                                              Mayor

 

 

                     I hereby certify that the above is a true and correct copy of a Resolution adopted by Council _________________________.

 

 

Attest:  _________________________

                      Clerk of Council