Explanation
1. BACKGROUND
The City of Columbus is currently engaged in the Roadway Improvements - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project. This Project involves widening .49 miles of Emerald Parkway to five lanes from Tuttle Crossing Boulevard to Rings Road. The Project will also include a raised median, curb and gutter, roundabouts, street lighting, shared use path, and sidewalk.
The City Attorney's Office, Real Estate Division filed necessary complaints for the appropriation of fee simple title and lesser interests for lawsuits on Parcels 1-6. Legislation that authorized the expenditure of $633,410.00 was passed in (Ordinance 1142-2011) deposited with the Franklin County Clerk of Courts for lawsuits. Parcel 3 original value of fee simple title was $149,000.00 and settled for $103,985.00 leaving $45,015.00.
An additional $853,463.53 for the City Attorney's Real Estate Division staff costs and expenses, to acquire fee simple title and lesser interests, contract for professional services, and to expend the monies for payment of acquisition costs in connection with this project. The following legislation authorizes the expenditure of $853,463.53 for this purpose.
2. FISCAL IMPACT
The amount of $633,410.00 was authorized by ordinance 1142-2011 to file complaints for appropriation of fee simple title. It is necessary to cancel the amount of $45,015.00 from that Auditor's Certificate AC032716 and make these funds available for acquisition expenses for this project. $808,448.53 is budgeted and available within the Streets and Highways G.O. Bonds Fund.
3. EMERGENCY DESIGNATION
To keep this project on schedule it is essential the City Attorney's Office, Real Estate Division continue their acquisition activities and that they be authorized to expend those funds necessary to complete both the original and the additional acquisitions as soon as possible.
Title
To authorize the City Auditor to cancel a previously established Auditor's Certificate; to amend the 2012 C.I.B; to authorize the transfer of funds within and from the Streets and Highways G.O. Bonds Fund and the Northland and Other Acquisitions Fund to the Local Transportation Improvement Fund; to authorize the appropriation and expenditure of $853,463.53 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to acquire fee simple title and lesser interests, contract for professional services and pay staff costs needed for the Roadway Improvements - Emerald Parkway/ Tuttle Crossing Blvd - Rings Road project from the Local Transportation Improvement Fund; and to declare an emergency. ($853,463.53)
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 Attorney's Office, Real Estate Division filed necessary complaints for the appropriation of fee simple title and lesser interests. Legislation that authorized the expenditure of $633,410.00 was passed in Ordinance 1142-2011.
WHEREAS, a partial cancellation of AC032716-002 in the amount of $45,015.00 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 perform a partial cancellation of $45,015.00 from AC032716-002 for that purpose; and
WHEREAS, it is necessary to amend the 2012 Capital Improvement Budget due to the cancellation of this auditor's certificate; and
WHEREAS, this legislation also authorizes the City Attorney's office to expend $853,463.53, or so much thereof as may be necessary to acquire these rights-of-way; and
WHEREAS, the following legislation authorizes the City Attorney's Office to hire professional services, acquire additional rights-of-way, including fee simple title and lesser interests, and pay staff costs necessary for this improvement project; 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 to continue their acquisition activities 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 continue those activities, such as acquire fee simple title and lesser interests in and to certain parcels of real estate, contract for the professional services, and pay staff costs associated with the acquisition of the rights-of-way needed for the Roadway Improvements - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project.
SECTION 2. That the 2012 Capital Improvement Budget be amended as follows due to the cancellation of an encumbrance used for other acquisition activities in the Roadway Improvements - Emerald Parkway/ Tuttle Crossing Blvd - Rings Road project:
Fund / Project / Project Name / Current CIB / Amendment Amount / CIB as Amended
735 / 590415-100000 / Economic & Community Development(Unvoted Carryover) / $500,000 / $45,015.00 / $545,015.00
SECTION 2. That the City Auditor's Office, is authorized to perform a partial cancellation of $45,015.00 from existing Auditor's Certificate AC032716-002 for the purpose of funding acquisition expenses of the Roadway Improvements - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project.
SECTION 3. That the transfer of monies within the following funds be authorized as follows:
Transfer From:
Fund / Dept-Div / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530161-100003 / Roadway Improvement - Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project / 06-6600 / 746103 / $698,448.53
735 / 590415-100000 / Economic & Community Development / 06-6600 / 440735 / $45,015.00
Transfer to:
Fund / Dept-Div / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530161-100003 / Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project / 10-5501 / 746103 / $698,448.53
735 / 590415-100000 / Economic & Community Development / 10-5501 / 440735 / $45,015.00
SECTION 4. That the Transfer of monies between the following funds be authorized as follows:
Transfer From:
Fund / Dept-Div / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 59-12 / 530161-100003 / Emerald Parkway/Tuttle Crossing Blvd - Rings Road Project / 10-5501 / 746103 / $808,448.53
735 / 44-01 / 590415-100000 / Economic & Community Development / 10-5501 / 440735 / $45,015.00
Transfer to:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
763 / 591183 / Emerald Parkway / 80-0886 / 591183 / $853,463.53
SECTION 5. That the sum of $853,463.53 be and hereby is appropriated from the unappropriated balance of Fund 763, the Local Transportation Improvement Fund, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2012 to Dept-Div. 59-12, the Division of Design and Construction as follows:
Fund / Grant / Grant Name / O.L. 01-03 Codes / Amount
763 / 591183 / Emerald Parkway / 06-6600 / 591183 / $853,463.53
SECTION 6. That the monies appropriated in the foregoing Section 5 shall be paid upon order of the Director of Public Service and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 7. That the City Attorney's Office, Real Estate Division, be and is hereby authorized to expend $853,463.53, or so much thereof as may be necessary from the Northland and Other Acquisitions Fund, Fund 735, and the Streets and Highways G.O. Bonds Fund, Fund 704, as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
763 / 591183 / Emerald Parkway / 06-6601 / 591183 / $853,463.53
to pay those costs relative to the acquisition of the rights-of-way needed for the Roadway Improvements - Emerald Parkway Project.
SECTION 8. 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 9. 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.