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 Roadway - Livingston Avenue - 18th Street to Nelson Road project in the Citywide Planning Area (62).
The Department of Public service is engaged in the Roadway - Livingston Avenue - 18th Street to Nelson Road project. This project is a result of a safety study initiated by the City that included public engagement with a steering committee made up of community members. The resulting recommendation is to perform a lane reallocation to reduce the travel lanes and provide improvements that will increase safety for all users.
The cost to acquire the rights-of-way needed to complete the project is estimated at $1,000,000.00. If the cost to acquire the needed rights-of-way should exceed this estimate, additional legislation will be submitted to Council requesting the needed funding.
The Department of Public Service is currently finalizing construction plans and is prepared to authorize rights-of-way acquisition pending passage of this funding legislation.
Ordinance 2862-2022 authorized the Director of Public Service to formally apply for a Safe Streets and Road for All Grant for the Livingston Avenue corridor between 18th Street and Nelson Road. The City was successful and received an award of $12,000,000.00 to complete the construction portion of the project. The award stipulates that the project must be completed five years from the time the grant agreement is executed. In order to meet this timeline, design of the project must be expedited, necessitating the need for an emergency legislation request.
2. FISCAL IMPACT
Funds in the amounts of $1,000,000.00 are budgeted and available for this project in Fund 7704, the Streets and Highways Bond Fund. A transfer of funds is necessary for the purpose of providing sufficient spending authority for the aforementioned project expenditure. Funds are appropriated.
3. EMERGENCY DESIGNATION
Emergency action is requested to complete the project in a timely manner to prevent delays in the project schedule and meet deadlines for leveraged grant funding from the Federal Highway Administration (FHWA) and to preserve the safety of the traveling public.
Title
To authorize the City Auditor to transfer funds between projects within the Streets and Highways Bond Fund; 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 Roadway - Livingston Avenue - 18th Street to Nelson Road project; 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; and to authorize the expenditure of $1,000,000.00 from the Streets & Highways Bond Fund; and to declare an emergency. ($1,000,000.00).
Body
WHEREAS, the Department of Public Service is engaged in the Roadway - Livingston Avenue - 18th Street to Nelson Road project; and
WHEREAS, this project is a result of a safety study initiated by the City that included public engagement with a steering committee made up of community members. The resulting recommendation is to perform a lane reallocation to reduce the travel lanes and provide improvements that will increase safety for all users; 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 corridors 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 $1,000,000.00; and
WHEREAS, this ordinance authorizes funding in the amount of $1,000,000.00 for that purpose; and
WHEREAS, it is necessary to authorize a transfer of funds within Fund 7704, the Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend $1,000,000.00, 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 Roadway - Livingston Avenue - 18th Street to Nelson 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 prevent unnecessary delays in the Department of Public Service's Capital Improvement Program, to ensure the safety of the traveling public, all for the immediate preservation of the public health, peace, property, safety and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the transfer of $1,000,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P530161 - 100217 (Roadway - Livingston Ave-Nelson Rd to James Rd), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P531079 - 100000 (Roadway - Livingston Ave - 18th St to Nelson Rd), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 2. 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 Roadway - Livingston Ave - 18th St to Nelson Rd project in an amount up to $1,000,000.00.
SECTION 3. That the expenditure of $1,000,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction), Project P531079 - 100000 (Roadway - Livingston Ave - 18th St to Nelson Rd), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
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 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.