Explanation
1. BACKGROUND:
This ordinance will provide an increase of $730,000.00 in funding that is necessary for the City Attorney to complete the acquisition of an easement through parcels owned by C. Robert Talbott. This easement is necessary for the construction and maintenance of the Big Walnut Augmentation/Rickenbacker Interceptor Sewer Project that is currently being constructed on the southeast side of the City.
Prior to commencement of the construction services contract, the City Attorney's Office succesfully negotiated a right-of-entry through said parcels in order to allow for the project to proceed. The cost of this right-of-entry required the City to pay the property owner $680,900.00, which was paid in February of 2004. These additional funds represent a final payment for the permanent easement and related costs, and will resolve the appropriation case, Case No. 03CVH-02-2197, filed to acquire the necessary easement.
2. FISCAL IMPACT:
The Division is requesting City Council to transfer funds from an existing account balance within the Voted Sanitary Bond Fund that no longer requires voted sanitary bond funding. An amendment to the 2005 Capital Improvements Budget is necessary to accomodate the reallocation of residual funds from within the Voted Sanitary Bond Fund.
3. EMERGENCY DESIGNATION:
The Division of Sewerage and Drainage is requesting that this ordinance be made an emergency measure in order to allow the City Attorney to fulfill the date and payment terms associated with the settlement agreement that is necessary for the procurement of the subject easement.
Title
To increase funding for the City Attorney to conclude the procurement of an easement from C. Robert Talbott, in connection with the Big Walnut Augmentation/Rickenbacker Interceptor Project; to authorize the transfer and expenditure of $730,000.00 from within the Voted Sanitary Bond Fund; to amend the 2005 Capital Improvements Budget for the Division of Sewerage and Drainage; and to declare an emergency. ($730,000.00)
Body
WHEREAS, The City Attorney's Real Estate Section successfully negotatiated a right-of-entry that was required for the Division of Sewerage and Drainage to construct and operate sanitary sewer infrastructure known as the Big Walnut Augmentation/Rickenbacker Interceptor Project; and
WHEREAS, the City Attorney has negotiated a settlement in Case No. 03CVH-02-2197 in Franklin County Common Pleas Court to resolve the procurement of the easements necessary for the Division of Sewerage and Drainage to construct, maintain and operate the portions of the infrastructure known as the Big Walnut Augmentation/Rickenbacker Interceptor Project, that impact Franklin County Parcel 495-232641 owned by C. Robert Talbott; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, of the Department of Public Utilities, in that it is necessary for this City Council to authorize the additional expenditure of funds that are required to allow the City Attorney to enter into a settlement agreement for the procurement of the easements that are urgently required for the construction and maintenance of the Big Walnut Augmentation/Rickenbacker Interceptor Project; for the preservation of the public health, peace, property and safety, now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Auditor is hereby authorized and directed to transfer $730,000.00 within the Voted Sanitary Bond Fund No. 60-05| Department 60-05, in order to provide funds for the Big Walnut Augmentation/Rickenbacker Interceptor Sewer Project, as follows:
From:
Proj.: 650670| Upper Scioto W. Subt-Hayden Run Rd. - $730,000.00; OCA 642918
To:
Proj.: 650491| Big Walnut Augmentation/Rickenbacker - $730,000.00; OCA 650491
Section 2. That the City Auditor is hereby authorized to transfer any unencumbered balance in the 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 3. That the City Attorney be, and hereby is, authorized to acquire fee simple title and lesser interests in and to certain parcels of real estate and to contract for the professional services necessary in connection with the Big Walnut Augmentation / Rickenbacker Interceptor Sewer Project.
Section 4. That the City Attorney be and hereby is authorized to expend $730,000.00, or so much thereof as may be necessary, in order to acquire fee simple title and lesser interests in and to certain parcels of real estate and to contract for the professional services necessary, from the Voted Sanitary Bond Fund No. 664; Division 60-05; MOC 6601; within the following project:
Proj. No. 650491| Big Walnut Augm./Rickenbacker| OCA 650491| $730,000.00
Section 5. That the 2005 Capital Improvements Budget Ordinance No. 1070-2005 is hereby amended as follows, in order to provide sufficient budget authority for the aforementioned easement acquisition expenditures referenced in the preamble hereto.
CURRENT:
650491-Big Walnut Aug./Rickenbacker - $0.00 (Fund 664-2005 Bond Sale)
650670-Beechwold/Foster Area Imps.- $1,688,000.00 (Fund 664-2005 Bond Sale)
AMENDED TO:
650491-Big Walnut Aug./Rickenbacker - $730,000.00 (Fund 664-2005 Bond Sale)
650670-Beechwold/Foster Area Imps. - $958,000.00 (Fund 664-2005 Bond Sale)
Section 6. 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 froce from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.