After service of notice of the resolution of intent to appropriate, Council may pass an ordinance directing the appropriation to proceed. Council shall in such ordinance make a finding of the necessity of the appropriation and of the inability of the City and an owner to agree, or that an owner is incapable of contracting in person or by agent and has no guardian or trustee, or is unknown, or is not a resident of this State, or his residence is unknown in the City and cannot with reasonable diligence be ascertained. In such ordinance Council may fix what is determined to be the value of such property appropriated together with the damages, if any, to the residue, and may appropriate such amount to be deposited with the Court of Common Pleas of Franklin County, for the use and benefit of the owners of the property appropriated. If Council so fixes the value, as provided herein, and if possession of the property is necessary prior to assessment of compensation by a jury, Council shall in such ordinance declare the City's intention and necessity to obtain immediate possession of the property appropriated. Upon such deposit with the Court, the City may take possession of and enter upon such property, including the buildings and structures thereon, for the purposes for which the property was appropriated, and, if buildings or structures are located partly upon the land appropriated and partly upon adjoining land, so that such buildings or structures cannot be divided upon the line between such lands without manifest injury thereto, the City may enter upon such adjoining land upon which any part of the buildings or structures are located for the purpose of removing such buildings or structures.
(Ord. 83-66. Passed 9-26-66.)