Explanation
1. BACKGROUND
The city of Columbus, Department of Public Service, Division of Mobility Options, frequently must acquire minor parcels of permanent and temporary right of way to install sidewalks or shared-use paths throughout the City. Ordinance 0922-2012, for Bikeway Development - Hudson Street-Mock Road project (540002-100001), anticipated that the City acquire fee simple title and lesser interests in and to various properties along the project corridor as additional rights of way.
The design process for Bikeway Development - Hudson-Mock revealed that little or no right-way will be required for this project and to conserve time, the Department of Public Service, Division of Mobility Options, desires to establish a $100,000.00 sidewalk right of way acquisition contingency fund to be used by the City Attorney's Real Estate Division staff in those cases where additional right of way must be acquired. This shall be done by repurposing funds from Bikeway Development - Hudson-Mock to a miscellaneous right-of-way $100,000.00, transfering funds from ordinance 0922-2012 to this one.
2. FISCAL IMPACT
The amount of $510,000.00 was authorized by ordinance 0922-2012 for right of way acquisition costs for the Bikeway Development - Hudson Street / Mock Road project, Bikeway Development - Olentangy to Alum Creek East - West Connector Phase 2 project and the Pedestrian Safety Improvement - Pedestrian Safety Improvements - Moler Road Sidewalks project. It is necessary to cancel Auditor's Certificate (AC033600-001) from the Bikeway Development - Hudson Street / Mock Road project in the amount of $100,000.00 and make that $100,000.00 available for acquisition to acquire miscellaneous small parcels of right of way needed for the successful completion of various sidewalk projects throughout the City.
3. EMERGENCY DESIGNATION
Emergency action is requested so establishment of the necessary funds can proceed without delay allowing for acquisition related activities to begin immediately upon identification of necessary parcels.
Title
To amend the 2013 Capital Improvement Budget; to authorize the City Auditor to cancel an auditor's certificate in the amount of $100,000.00; to authorize the City Auditor to transfer funds and appropriation between projects within the Streets & Highways Bond Fund; to authorize the establishment of a $100,000.00 contingency fund for the purpose of paying for the miscellaneous acquisitions of minor parcels of permanent and temporary right of way needed for various sidewalk and shared-use path projects within the City; to authorize the City Attorney's, Real Estate Division, to hire professional services, negotiate with property owners and expend those funds necessary to acquire such parcels as they are identified; to authorize the expenditure of $100,000.00 in funds from the Streets & Highway Bond Fund; and to declare an emergency.($100,000.00)
Body
WHEREAS, $510,000.00 was authorized by ordinance 0922-2012 for right of way acquisition costs. It is necessary to cancel the amount of $100,000.00 from that Auditor's Certificate (AC033600-001) for Bikeway Development - Hudson Street / Mock Road project and make that $100,000.00 available for acquisition to acquire miscellaneous small parcels of right of way needed for the successful completion of various sidewalk projects throughout the City; and
WHEREAS, the City of Columbus, Department of Public Service, Division of Mobility Options, frequently must acquire minor parcels of permanent and temporary right-of-way for sidewalk and shared-use path projects within the City; and
WHEREAS, the City Auditor is authorized to cancel $100,000.00 from AC033600-001 to make that $100,000.00 available for acquisition to acquire miscellaneous small parcels of right of way needed for the successful completion of various sidewalk projects throughout the City; and
WHEREAS, to expedite the right of way acquisition process the following legislation establishes a contingency fund, in the amount of $100,000.00, to be used by the City Attorney's Real Estate Division to hire professional services, negotiate with property owners and acquire such parcels as they are identified; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Mobility Options, in that it is immediately necessary to establish a contingency fund that will enable the City Attorney's Office, Real Estate Division, to contract for professional services, to negotiate with property owners and to acquire minor parcels of permanent and temporary right-of-way to install sidewalks and shared-use paths throughout the City immediately upon identification of necessary parcels for the preservation of the public health, peace, property, safety and welfare; now, therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS;
SECTION 1. That the City Auditor be and is hereby authorized to cancel $100,000.00 from Auditor's Certificate (AC033600-001) from the Bikeway Development - Hudson Street / Mock Road project and make that $100,000.00 available for acquisition to acquire miscellaneous small parcels of right of way needed for the successful completion of various sidewalk projects throughout the City.
SECTION 2. That the 2013 Capital Improvement Budget established within ordinance 0645-2013 be and hereby is amended as follows due to the encumbrance cancellation:
Project # / Project Name / Current CIB Amount / Amended Amount / CIB Amount as Amended
704 / 540002-100001/ Bikeway Development - Hudson Street/Mock Road project (Carryover) /$0 / $100,000) / $100,000
SECTION 3. That the 2013 Capital Improvement Budget established within ordinance 0645-2013 be and hereby is amended as follows:
Project # / Project Name / Current CIB Amount / Amended Amount / CIB Amount as Amended
704 / 540002-100001/ Bikeway Development - Hudson Street/Mock Road project (Carryover) / $100,000 / ($100,000) / $0
704 / 540002-100004 / Bikeway Development - Misc ROW Acquisition (Carryover) / $0 / $100,000 / $100,000
SECTION 4. That the transfer of cash and appropriation within the Fund 704, the Streets and Highways G.O. Bonds Fund be authorized as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01 03 Codes / OCA / Amount
704 / 540002-100001/ Bikeway Development - Hudson Street / Mock Road project / 06-6601 / 740201 / $100,000.00
Transfer to:
Fund / Project / Project Name / O.L. 01 03 Codes / OCA / Amount
704 / 540002-100004 / Bikeway Development - Misc ROW Acquisition / 06-6601 / 740204 / $100,000.00
SECTION 5. That the City Attorney's Office, Real Estate Division, be and is hereby authorized to acquire minor parcels of permanent and temporary right-of-way for various sidewalk and shared-use path projects throughout the City as such parcels are identified.
SECTION 6. That the Real Estate Division of the City Attorney's Office be and is hereby authorized to expend $100,000.00 or so much thereof as may be necessary from Fund 704, the Streets and Highways G.O. Bonds Fund, for this purpose:
Fund / Project / Project Name / O.L. 01 03 Codes / OCA / Amount
704 / 540002-100004 / Bikeway Development - Misc ROW Acquisition / 06-6601 / 740204 / $100,000.00
SECTION 7. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 9. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 10. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.