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File #: 0351-2010    Version: 1
Type: Ordinance Status: Passed
File created: 2/19/2010 In control: Public Service & Transportation Committee
On agenda: 3/8/2010 Final action: 3/10/2010
Title: To authorize the expenditure of $575,000.00 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to acquire those rights-of-way, including fee simple title and lesser interests needed for the Emerald Parkway Roadway Improvements project from the Northland and Other Acquisitions Fund and the Build America Bonds Fund; to amend the 2009 CIB; to authorize the transfer of funds within the Build America Bonds Fund; and to declare an emergency. ($575,000.00)
Explanation
1.  BACKGROUND
The City of Columbus ("Columbus") and the City of Dublin ("Dublin") have identified the need for widening and improving Emerald Parkway from Rings Road to Tuttle Crossing Boulevard.  The City of Dublin has been the lead agency during the design phase of this project.  Initially Dublin was to assume the lead in right-of-way acquisition; however, after further plan development it became apparent that Columbus' interests would be better served if the City Attorney's Real Estate Division provides right-of-way acquisition services for those parcels within the Columbus corporate boundaries.  Columbus met with Dublin to discuss this matter and Dublin concurred with the conclusion reached by Columbus.
 
The improvements contemplated by this project shall include widening Emerald Parkway to 5 lanes at intersections with 4 lanes and a median between intersections, curb and gutter, sidewalks, shared use paths, traffic signals, street lighting, regulatory road signage, pavement markings, storm drainage, utility relocation, and landscaping, all in compliance with the Americans with Disabilities Act (A.D.A.) criteria.
 
This project complies with the recommendation of the Pedestrian Thoroughfare Plan by maximizing sidewalk width and lateral separation from traffic within the constraints of the right-of-way limits.  Pedestrian generators and destinations affecting the proposed project include Sterling Software and numerous apartment buildings.  Pedestrian Quality of Service analyses show a marked improvement in the score by providing passable sidewalks for all users.  Environmental "Green" materials or processes associated with this project include the encouragement of pedestrian and bicycle travel with the installation of sidewalks, curb ramps and shared-use path.
 
Based upon review of the plans and previous right-of-way acquisitions in the immediate vicinity acquisition expenses relative to this project are estimated to be $575,000.00.  The following legislation authorizes the City Attorney's Office to hire professional services and acquire additional rights-of-way, including fee simple title and lesser interests, for this improvement project.  It also authorizes the City Attorney's office to expend $575,000.00, or so much thereof as may be necessary to acquire these rights-of-way.
 
2. FISCAL IMPACT
The amount of $650,000.00 was authorized by ordinance 1366-2009 to reimburse the City of Dublin for right of way and design costs associated with the project.  It is necessary to cancel the amount of $300,000.00 from that Auditor's Certificate (AC030378) and make that and an additional $275,000 available for acquisition expenses for this project.  The additional $275,000.00 is available within the Build America Bonds Fund.
 
3. EMERGENCY DESIGNATION
To keep this project on schedule it is essential that the City Attorney's Office, Real Estate Division be authorized to hire professional services, acquire the rights-of-way and expend the funds necessary to complete the acquisitions as soon as possible.
 
Title
 
To authorize the expenditure of $575,000.00 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to acquire those rights-of-way, including fee simple title and lesser interests needed for the Emerald Parkway Roadway Improvements project from the Northland and Other Acquisitions Fund and the Build America Bonds Fund; to amend the 2009 CIB; to authorize the transfer of funds within the Build America Bonds Fund; and to declare an emergency.  ($575,000.00)
 
Body
 
WHEREAS, the City of Columbus ("Columbus") and the City of Dublin ("Dublin") have identified the need for widening and improving Emerald Parkway from Rings Road to Tuttle Crossing Boulevard; and
 
WHEREAS, the City of Dublin has been the lead agency during the design phase of this project; and
 
WHEREAS, initially Dublin was to assume the lead in right-of-way acquisition; however, after further plan development it became apparent that Columbus' interests would be better served if the City Attorney's Real Estate Division provides right-of-way acquisition services for those parcels within the Columbus corporate boundaries; and
 
WHEREAS, Columbus met with Dublin to discuss this matter and Dublin concurred with the conclusion reached by Columbus; and
 
WHEREAS, the improvements contemplated by this project shall include widening Emerald Parkway to 5 lanes at intersections with 4 lanes and a median between intersections, curb and gutter, sidewalks, shared use paths, traffic signals, street lighting, regulatory road signage, pavement markings, storm drainage, utility relocation, and landscaping, all in compliance with the Americans with Disabilities Act (A.D.A.) criteria; and
 
WHEREAS, based upon review of the plans and previous right-of-way acquisitions in the immediate vicinity acquisition expenses relative to this project are estimated to be $575,000.00; and
 
WHEREAS, ordinance 1366-2009 authorized the reimbursement to the City of Dublin for Right of Way and Design expenses associated with this project; and
 
WHEREAS,  partial cancellation of AC030378 in the amount of $300,000.00 is needed to fund the Right of Way Acquisition expenses for this project by the City Attorney's Office; and
 
WHEREAS, this ordinance authorizes the City Auditor to cancel $300,000 from AC030378 for that purpose; and
 
WHEREAS, the following legislation authorizes the City Attorney's Office to hire professional services and acquire additional rights-of-way, including fee simple title and lesser interests, for this improvement project; and
 
WHEREAS, this legislation also authorizes the City Attorney's office to expend $575,000.00, or so much thereof as may be necessary to acquire these rights-of-way; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction in that it is immediately necessary to authorize the City Attorney's office hire professional services, to acquire additional rights-of-way needed for this project and to expend those funds necessary relative to such acquisition to keep this project on schedule 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 City Attorney's Office, Real Estate Division, be and is hereby authorized to hire professional services and acquire those rights-of-way needed for the Emerald Parkway Roadway Improvements Project.
 
Section 2.  That the City Auditor is authorized to cancel $300,000.00 from existing Auditor's Certificate AC030378 for the purpose of funding acquisition expenses of the Emerald Parkway Roadway Improvement Project.
 
Section 3.  That the City Attorney's Office, Real Estate Division, be and is hereby authorized to expend $575,000.00, or so much thereof as may be necessary from the Northland and Other Acquisition Fund, 735, and the Build America Bonds Fund, 746,  to pay those costs relative to the acquisition of rights-of-way needed for the Emerald Parkway Roadway Improvements Project as follows:
 
Department-Division: 44-01
Fund / Project / Project Name / O.L. 01-03 / OCA Code / Amount
735 / 590415-100000 / Economic and Community Development / 06-6601 / 440735 / $300,000.00
 
Department-Division: 59-12
Fund / Project / Project Name / O.L. 01-03 / OCA Code / Amount
746 / 530161-100003 / Roadway Improvements - Emerald Parkway / 06-6601 / 743161 / $275,000.00
 
Section 4. That the 2009 CIB authorized within ordinance 0806-2009 be amended to provide sufficient authority for this project as follows:
 
Fund / Project / Project / Current CIB Amount / amendment amount / CIB amount as amended
746 / 530087-100004 / ADA Curb Ramps - South High Street / $103,908.00 / ($103,908.00) / $0.00
746 / 530282 - 100044 / Resurfacing - Urban Paving Central - Hague / $587,000.00 / ($13,918.00)  / $573,082.00
746 / 530282 - 100047 / Resurfacing - Urban Paving West Broad  / $40,000.00 / ($11,613.00)  / $28,387.00
746 / 590955 - 100014 / Operation Safewalks - South High / $34,288.00 / ($34,288.00) / $0.00
746 / 530103 - 100017 / Arterial Street Rehabilitation - Lockbourne Road  / $2,696,495.00 / ($111,273.00) / $2,585,222.00
746 / 530161-100003 / Roadway Improvements - Emerald Parkway / $0.00 / $275,000.00 / $275,000.00
 
Section 5.  To move cash and appropriation between projects within Fund 746, the Gov'l Build America Bonds (B.A.B.s) Fund as follows:
 
FROM:
Fund / Project # / Project / O.L. 01-03 Codes / OCA Code / Amount
Move cash and appropriation
746 / 530087-100004 / ADA Curb Ramps - South High Street / 06-6600 / 538704 / $103,908.00
746 / 530282 - 100044 / Resurfacing - Urban Paving Central - Hague / 06-6600 / 528244 / $13,918.00
746 / 530282 - 100047 / Resurfacing - Urban Paving West Broad  / 06-6600 / 528247 / $11,613.00
746 / 590955 - 100014 / Operation Safewalks - South High / 06-6600 / 595514 / $34,288.00
746 / 530103 - 100017 / Arterial Street Rehabilitation - Lockbourne Road  / 06-6600 / 531317 / $111,273.00
 
TO:
Fund / Project # / Project / Object Level Three Codes / OCA Code / Amount
746 / 530161-100003 / Roadway Improvements - Emerald Parkway  / 06-6601 / 743161 / $275,000.00
 
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 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.