Explanation
Background: The City of Columbus will complete the reconstruction and widening of Lane Avenue from a point 700 feet west of Olentangy River Road to a point 500 feet east of North High Street in the spring of 2005. Initial acquisition funding for this project in the amount of $700,000.00 was authorized pursuant to Ordinance 2280-1999, passed June 5, 2000. Additional acquisition funding in the amount of $1,500,000.00 was authorized pursuant to Ordinance 1251-2001, passed July 16, 2001. As a part of the acquisition-related activities on this project the City Attorney's Office, Real Estate Division filed several eminent domain complaints in the Franklin County, Ohio, Court of Common Pleas. In March 2004 City Council authorized the expenditure of an additional $30,000.00 for court-ordered settlement costs for Parcels 16 and 42 pursuant to Ordinance 0316-2004, passed March 16, 2004. The Real Estate Division has estimated settlement costs for the remaining cases on file with the Common Pleas Court will be approximately $1,000,000.00. This legislation authorizes the City Attorney to expend an additional $1,000,000.00 for settlement of pending court cases on this project.
Fiscal Impact: Remaining eminent domain-related acquisition expenses for the Lane Avenue Improvement Project are currently estimated to be $1,000,000.00. The Transportation Division budgeted $8.76 million in the 2004 Capital Improvements Budget for the Lane Avenue Widening and Improvements project. All of these funds for Lane Avenue are either encumbered or expended on the construction contract. However, funds are available within the Transportation Division's 2004 Capital Improvement Budget in the Morse Road Area Investment project. The Transportation Division budgeted $6 million in the 2004 Capital Improvements Budget for the Morse Road project, but only $4.2 million was needed, leaving the balance for other priority capital projects. This ordinance transfers $1,000,000.00 from this the Morse Road Area Improvement project to the Lane Avenue Widening and Improvement project. This ordinance also amends the 2004 Capital Improvement Budget to reflect this transfer in funding.
Emergency action is being requested to allow eminent domain-related acquisition activities for this project to be completed as soon as possible.
Title
To amend the 2004 Capital Improvements Budget; to authorize the transfer of $1,000,000.00 between projects within the 1995, 1999 Voted Streets and Highways Fund; to authorize the City Attorney to expend an additional $1,000,000.00 for eminent domain-related acquisition activities for the Lane Avenue Widening and Improvement project for the Transportation Division; to authorize this expenditure from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($1,000,000.00)
Body
WHEREAS, the City of Columbus will complete the reconstruction and widening of Lane Avenue from a point 700 feet west of Olentangy River Road to a point 500 feet east of North High Street in the spring of 2005; and
WHEREAS, initial acquisition funding for this project in the amount of $700,000.00 was authorized pursuant to Ordinance 2280-1999, passed June 5, 2000; and
WHEREAS, additional acquisition funding in the amount of $1,500,000.00 was authorized pursuant to Ordinance 1251-2001, passed July 16, 2001; and
WHEREAS, as a part of the acquisition-related activities on this project the City Attorney's Office, Real Estate Division, filed several eminent domain complaints in the Franklin County, Ohio, Court of Common Pleas; and
WHEREAS, in March 2004 City Council authorized the expenditure of an additional $30,000.00 for court-ordered settlement costs for Parcels 16 and 42 pursuant to Ordinance 0316-2004, passed March 16, 2004; and
WHEREAS, the Real Estate Division has estimated settlement costs for the Lane Avenue Improvement project remaining cases on file with the Common Pleas Court will be approximately $1,000,000.00; and
WHEREAS, this legislation authorizes the City Attorney to expend an additional $1,000,000.00, or so much thereof as may be necessary for settlement of pending court cases on this project; and
WHEREAS, funds are budgeted and available within the 1995, 1999 Voted Streets and Highways Fund to pay for said eminent domain-related acquisition costs; and
WHEREAS, this ordinance transfers monies between projects as appropriate; and
WHEREAS, this ordinance amends the 2004 Capital Improvements Budget as appropriate; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the City Attorney to expend the additional funds necessary to settle those Lane Avenue Improvement project eminent domain cases that are currently pending in the Franklin County, Ohio, Court of Common Pleas, thereby preserving 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 2004 Capital Improvements Budget be and hereby is amended as follows:
PUBLIC SERVICE / Transportation
Current CIB
Project / Amount
Lane Avenue Widening / $8,759,000
Morse Road Area Investment - Designated / $7,310,000
CIB as Amended
Project / Amount
Lane Avenue Widening / $9,759,000
Morse Road Area Investment - Designated / $6,310,000
SECTION 2. That the intrafund transfer of $1,000,000.00 between projects within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, be and hereby is authorized as follows:
TRANSFER FROM:
Project # / Project / Object Level One/Object Level Three Codes / OCA Code
530052 / Morse Road Area Investment / 06/6600 / 644385
Total Transfer From: $1,000,000.00
TRANSFER TO:
Project # / Project / Object Level One/Object Level Three Codes / OCA Code
590401 / Lane Avenue Widening and Improvements / 06/6601 / 644385
Total Transfer To: $1,000,000.00
SECTION 3. That the City Attorney be and hereby is authorized to expend those funds necessary to settle pending Lane Avenue Widening and Improvement project eminent domain cases.
SECTION 4. That for the purpose of paying for said costs the City Attorney's Office, Real Estate Division, be and hereby is authorized to expend $1,000,000.00, or so much thereof as may be necessary, from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601 and OCA Code 644385 and Project 590401.
SECTION 5. 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.