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File #: 2678-2014    Version: 1
Type: Ordinance Status: Passed
File created: 11/7/2014 In control: Public Service & Transportation Committee
On agenda: 11/24/2014 Final action: 11/26/2014
Title: To authorize the City Attorney to acquire fee simple title and lesser interests, contract for professional services, to authorize the appropriation of $10,000.00 from the unappropriated balance in the Northeast Corridor/Pay as We Grow Fund 772; and to expend $10,000.00 from the Northeast Corridor/Pay as We Grow Fund for costs in connection with the Arterial Street Rehabilitation - Morse Road - Preserve TIF Improvements Phase 1 project; and to declare an emergency. ($10,000.00).
Explanation
1.  BACKGROUND
The following legislation authorizes the City Attorney's Office, Real Estate Division to hire professional services and to negotiate with property owners to acquire the various property rights necessary to complete the Arterial Street Rehabilitation - Morse Road - Preserve TIF Improvements Phase 1 project.
Improvements to Morse Road, designated as the Arterial Street Rehabilitation - Morse Road - Preserve TIF Improvements Phase 1 project, will directly benefit parcels within the Preserve Incentive District, located within Community Planning Area 04, also known as the Rocky Fork-Blacklick Area.
 
Ordinance No. 1643-2013 authorized initial right-of-way acquisition funding for this project, in the amount of $65,000.00, and passed July 15, 2013.  It is now necessary for the City Attorney's Office to expend an additional $10,000.00 in order to pay for costs relative to the acquisition of right-of-way necessary for the project.
2.   FISCAL IMPACT
Funding is available in Fund 772 Northeast Corridor/Pay as We Grow.  The estimated total cost for additional right-of-way acquisition is $10,000.00.  
 
3.   EMERGENCY DESIGNATION
Emergency action is necessary to provide right-of-way acquisition funding requested to prevent unnecessary delays in the Departments of Public Service's Capital Improvement Program.
 
Title
To authorize the City Attorney to acquire fee simple title and lesser interests, contract for professional services, to authorize the appropriation of $10,000.00 from the unappropriated balance in the Northeast Corridor/Pay as We Grow Fund 772; and to expend $10,000.00 from the Northeast Corridor/Pay as We Grow Fund for costs in connection with the Arterial Street Rehabilitation - Morse Road - Preserve TIF Improvements Phase 1 project; and to declare an emergency.  ($10,000.00).
 
Body
 
WHEREAS, on  December 12, 2005, Columbus City Council passed Ordinance 2117-2005 which established ten tax increment financing (TIF) incentive districts in the northeast area of Columbus under Ohio Revised Code Section 5709.40(C) including the Preserve Incentive District; and
 
WHEREAS, the improvements to Morse Road, designated as the Arterial Street Rehabilitation - Morse Road - Preserve TIF Improvements Phase 1 project, will directly benefit parcels within the Preserve Incentive District; and
WHEREAS, initial acquisition funding for this project, in the amount of $65,000.00, was authorized pursuant to Ordinance No. 1643-2013, passed July 15, 2013; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend an additional $10,000.00 or so much thereof as may be necessary to hire professional services and to negotiate with property owners to acquire the various property rights necessary to complete the Project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the City Attorney to acquire fee simple title and lesser interests in and to certain parcels of real estate and to contract for the aforesaid professional services necessary in connection with said project, thereby preserving the public health, peace, property and safety; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1.  That from the unappropriated balance in the Northeast Corridor/Pay as We Grow Fund, Fund 772, and from any and all sources unallocated for any other purpose during the fiscal year ending 2014, the sum of $10,000.00, be and hereby is appropriated to the Development Department, Development Division, Northeast Corridor/Pay as We Grow; Fund 772, Dept./Div.44 01; Project No. 772008-100000; OCA Code 772008; Object Level Three 6601.
 
SECTION 2.  That the City Attorney's Office Real Estate Division be and is hereby is authorized to acquire fee simple title and lesser interests in and to certain parcels of real estate, to contract for professional services, and to negotiate with property owners to acquire the additional rights of way needed to complete the Arterial Street Rehabilitation - Morse Road - Preserve TIF Improvements Phase 1 project.
 
SECTION 3.  That the expenditure of $10,000.00, or so much thereof as may be necessary from the  Northeast Corridor/Pay as We Grow Fund; Fund 772 Dept./Div.44 01; Project No. 772008-100000; OCA Code 772008; Object Level Three 6601 for the aforesaid purpose is hereby authorized.
 
SECTION 4.  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 5.  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 6.  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 7.  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.