Explanation
1. BACKGROUND
The following ordinance authorizes the City Attorney's Office, Real Estate Division to hire professional services (e.g. surveys, title work, appraisals, etc.) and to negotiate with property owners to acquire the various property rights necessary to complete the Intersection Improvements - Refugee Road at Hines Road project in the Far East Planning Area (58). This legislation also seeks to authorize the Director of Public Service, or a designee, to execute agreements with Kanawha River Railroad, LLC owned by Watco Companies LLC to facilitate the construction of this project.
The Department of Public Service is engaged in the Intersection Improvements - Refugee Road at Hines Road project. This project includes approximately 1,000 linear feet of roadway improvements including asphalt paving, curb & gutter, asphalt shared-use-path, concrete sidewalk, storm sewer, traffic signal, traffic control devices, railroad warning system and street lighting. A crossing of the Kanawha river railroad will also be reconstructed as part of this project, necessitating the execution of a construction agreement, or similar instrument, with Kanawha River Railroad, LLC owned by Watco Companies LLC, pursuant to which Kanawha River Railroad, LLC owned by Watco Companies LLC will perform certain services intended to identify and mitigate potential conflicts between existing rail operations and the planned public improvements.
The cost to acquire the right-of-way needed to complete the project is estimated at $175,000.00. If the cost to acquire the needed right-of-way should exceed this estimate, additional legislation will be submitted to Council requesting the needed funding.
Ord. 2394-2023 authorized the Director of Public Service to submit ODOT Highway Safety Improvement Program project applications and to execute project agreements for awarded projects for the Department of Public Service for the Intersection Improvements - Refugee Road at Hines Road project.
The Department of Public Service is currently finalizing construction plans and is prepared to authorize right-of-way acquisition pending passage of this funding legislation.
2. FISCAL IMPACT
Funds in the amounts of $175,000.00 are budgeted and available for this project in Fund 7704, the Streets and Highways Bond Fund. Funds are appropriated. Additional funding to support services performed by Kanawha River Railroad, LLC owned by Watco Companies LLC may be authorized pursuant to separate legislation.
3. EMERGENCY DESIGNATION
Emergency action is requested to ensure funds are available to meet the timing of the federal oversight requirements to prevent unnecessary delays in the Department of Public Service's Capital Improvement Program and ensure the safety of the traveling public.
Title
To authorize the City Attorney's Office, Real Estate Division, to contract for professional services relative to the acquisition of fee simple title and lesser interests in and to property needed for the Intersection Improvements - Refugee Road at Hines Road project; to authorize the City Auditor to appropriate $175,000.00 within the Streets and Highways Bond Fund; to authorize the City Attorney's Office, Real Estate Division, to negotiate with property owners to acquire the additional rights of way necessary to complete this project; to authorize the expenditure of $175,000.00 from the Streets and Highways Bond Fund to pay for the project; to authorize the Director of Public Service, or a designee, to execute a construction contract, or a similar instrument, and any amendments or modifications thereto as may be necessary, with Kanawha River Railroad, LLC owned by Watco Companies LLC to facilitate the construction of the project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($175,000.00)
Body
WHEREAS, the City of Columbus is engaged in Improvements - Refugee Road at Hines Road project; and
WHEREAS, the project will install a new railroad coordinated traffic signal and make improvements to the north and west approaches of the intersection of Refugee Road and Hines Road to add left turn lanes. Curb, walk and a shared use path will be added on Refugee Road west of the intersection. Curb and walk will be added on the west side of Hines Road north of the intersection. The project will also install curb ramps, lighting, a stormwater basin, and storm sewer as needed; and
WHEREAS, successful completion of this project necessitates the City acquire fee simple title and lesser interests in and to various properties located along the project corridor as additional rights-of-way; and
WHEREAS, right-of-way acquisition cost, including professional services (e.g. surveys, title work, appraisals, etc.), staff and land costs, have been estimated to total $175,000.00; and
WHEREAS, the aforementioned project also requires the consent and cooperation of Kanawha River Railroad, LLC owned by Watco Companies LLC, which operates within the project limits, to identify and mitigate potential conflicts between existing rail operations and the planned public improvements; and
WHEREAS, this legislation seeks to authorize the execution of a construction contract, or a similar instrument, between the Department of Public Service and Kanawha River Railroad, LLC owned by Watco Companies LLC for that purpose; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend $175,000.00, 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 Intersection Improvements - Refugee Road at Hines Road 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 necessary right-of-way acquisition for the project to provide necessary right-of-way acquisition funding in order to complete needed improvements at the earliest possible time and meet the federal oversight requirements to ensure the safety of the traveling public, for the immediate preservation of 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 hereby is, authorized to acquire fee simple title and lesser interests in and to certain parcels of real estate, to contract for professional services (e.g. surveys, title work, appraisals, etc.), and to negotiate with property owners to acquire the additional rights of way needed to complete the Improvements - Refugee Road at Hines Road project in an amount up to $175,000.00.
SECTION 2. That the expenditure of $175,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highway Bonds Fund ) in Dept-Div 5912 (Design and Construction), Project P530086-100037 (Improvements - Refugee Road at Hines Road), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Service, or a designee, be and hereby is authorized to execute a construction contract, or a similar instrument, and any amendments or modifications thereto as may be necessary, with Kanawha River Railroad, LLC owned by Watco Companies LLC to facilitate the construction of the Intersection Improvements - Refugee Road at Hines Road project.
SECTION 4. 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 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 at the end of the grant period, any repayment of unencumbered balances required by the grantor is hereby authorized and any unused City match monies may be transferred back to the City fund from which they originated in accordance with all applicable grant agreements.
SECTION 8. 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.