Explanation
1. BACKGROUND
This ordinance authorizes the City Attorney’s Office to expend up to $190,000.00 for Department of Public Utilities miscellaneous real estate and right-of-way needs.
The City’s Department of Public Utilities (“DPU”) is engaged in various capital improvement projects. The City Attorney’s Office must acquire real estate and right-of-way for DPU to perform some of these projects. Accordingly, DPU requests the City Attorney to acquire in good faith and accept certain fee simple and lesser real estate (collectively, “Real Estate”) located in a project’s vicinity. The City Attorney may also need to contract for associated professional services (e.g. surveys, title work, appraisals, etc.) for DPU to timely complete the projects.
The City Attorney’s Office requests DPU to establish funding for these expenses based upon an initial estimate of costs. Sometimes these estimates do not establish enough funding to complete the acquisition. The acquisition can then be delayed by months while DPU submits legislation to establish additional funding. This ordinance will prevent those delays by establishing funding to be used by the City Attorney’s Office for the Division of Water, the Division of Water Reclamation (Sanitary and Storm), and the Division of Power when small amounts of additional funding are needed to complete the acquisition.
The Columbus Community for this project is 99-Citywide.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funding in the amount of $190,000.00 is available and appropriated as follows:
Division of Water
An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation between projects within the Water Bond Fund, Fund 6006, is needed to align cash and appropriation with the proper project.
Division of Water Reclamation
An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation between projects within the Sanitary Bond Fund, Fund 6109, is needed to align cash and appropriation with the proper project. A transfer of cash between projects within the Storm Bond Fund, Fund 6204, is also needed to align cash and appropriation with the proper project.
Division of Power
An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation between projects within the Electricity Bond Fund, Fund 6303, is needed to align cash and appropriation with the proper project.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate, and to contract for associated professional services, in order for the Department of Public Utilities to timely complete capital improvement projects; to authorize an amendment to the 2025 Capital Improvement Budget; to authorize the transfer of cash and appropriation between projects within the Sanitary Bond Fund, within the Storm Bond Fund, within the Water Bond Fund, and within the Electricity Bond Fund; and to authorize the expenditure of up to $190,000.00 from those bond funds. ($190,000.00)
Body
WHEREAS, the Department of Public Utilities (DPU) is engaged in various capital improvement projects; and
WHEREAS, it is sometimes necessary for the City Attorneys Office to acquire in good faith and accept the necessary fee simple and lesser real estate located in the vicinity of a project, and to contract for associated professional services (e.g. surveys, title work, appraisals, etc.), for the project to be completed; and
WHEREAS, funding is established for the City Attorney’s Office to perform these services based on an estimate of funding needed; and
WHEREAS, sometimes small amounts of additional funding are needed to complete the acquisitions because the cost exceeds the initial estimate; and
WHEREAS, needing to establish this additional funding can delay the acquisition by months; and
WHEREAS, establishing a source of funding for miscellaneous real estate acquisition needs for each DPU division will eliminate these acquisition delays; and
WHEREAS, the 2025 Capital Improvement Budget must be modified to align budget authority with the proper projects to establish these sources of miscellaneous funding; and
WHEREAS, a transfer of cash and appropriation between projects within the Sanitary Bond Fund, Fund 6109, within the Storm Bond Fund, Fund 6204, within the Water Bond Fund, Fund 6006, and within the Electricity Bond Fund, Fund 6303, is needed to align cash and appropriation with the proper projects; and
WHEREAS, it has become necessary in the daily operation of the Department of Public Utilities for this Council to authorize the expenditure of up to one hundred and ninety thousand and 00/100 U.S. Dollars ($190,000.00) from the Sanitary Bond Fund, Fund 6109, from the Storm Bond Fund, Fund 6204, from the Water Bond Fund, Fund 6006, and from the Electricity Bond Fund, Fund 6303, to acquire needed Real Estate; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2025 Capital Improvements Budget authorized by Ordinance 1790-2025 be amended as follows to establish sufficient budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6109 / 650348-100006 / WWTFS Instrumentation And Control (I&C) Integration and Programming Team Part 4 (Voted Sanitary Carryover) / $72,271.00 / $0.00 / ($72,271.00)
6109 / 650999-100000 / DOSD Specialized Vehicle/Equipment (Voted Sanitary Carryover) / $1,158.00 / 0.00 / ($1,158.00)
6109 / 650725-100028 / West Side Trunk Rehab-Phase 2 (Voted Sanitary Carryover) / $60,000.00 / $58,429.00 / ($1,571.00)
6109 / 650001-100001 / Misc. Real Estate Acquisition - Sanitary (Voted Sanitary Carryover) / $0.00 / $75,000.00 / $75,000.00
6204 / 610788-100000 / Lehnert Farms/Bolton Field Stormwater System Improvements (Voted Storm Carryover) / $118,762.00 / $98,762.00 / ($20,000.00)
6204 / 610001-100001 / Misc. Real Estate Acquisition - Storm (Voted Storm Carryover) / $0.00 / $20,000.00 / $20,000.00
6303 / 670874-100000 / Scioto Peninsula Duct Bank (Voted Electricity Carryover) / $32,962.00 / $12,962.00 / ($20,000.00)
6303 / 670001-100001 / Misc. Real Estate Acquisition - Power (Voted Electricity Carryover) / $0.00 / $20,000.00 / $20,000.00
6006 / 690236-100000 / Water Main Rehabilitation (Voted Water Carryover) / $100,544.00 / $175,544.00 / $75,544.00 (To match cash)
6006 / 690001-100001 / Misc. Real Estate Acquisition - Water (Voted Water Carryover) / $0.00 / $75,000.00 / $75,000.00
SECTION 2. That a transfer of cash in an amount up to $190,000.00 is authorized between projects within the Sanitary Bond Fund, Fund 6109, the Storm Bond Fund, Fund 6204, the Water Bond Fund, Fund 6006, and the Electricity Bond Fund, Fund 6303, per the accounting codes in the attachment to this ordinance
SECTION 3. That the City Attorney is authorized to acquire in good faith and accept certain fee simple and lesser real estate for the Department of Public Utilities (“DPU”) to timely complete the acquisition of Real Estate for capital improvement projects.
SECTION 4. That the City Attorney is authorized to contract for professional services (e.g. surveys, title work, appraisals, etc.) associated with Real Estate acquisition needed for Department of Public Utilities capital improvement projects.
SECTION 5. That the City Attorney, in order to exercise the authority described in Sections Three (3) and Four (4) of this ordinance, is authorized to spend one hundred and ninety thousand and 00/100 U.S. Dollars ($190,000.00), or as much as may be necessary, from the Sanitary Bond Fund, Fund 6109, from the Storm Bond Fund, Fund 6204, from the Water Bond Fund, Fund 6006, and from the Electricity Bond Fund, Fund 6303, according to the account codes in the attachment to this ordinance.
SECTION 6. That funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this Ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 7. 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 8. 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 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.