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 UIRF ‐ Eakin Road SUP project in the Greater Hilltop Planning Area (53). This legislation also seeks to authorize the Director of Public Service, or a designee, to execute agreements with Indiana & Ohio Railway Company, a subsidiary of Genessee & Wyoming, Inc. to facilitate the construction of this project.
The Department of Public Service is engaged in the UIRF ‐ Eakin Road SUP project. This project includes the construction of a new .87 mile shared use path (SUP) beginning at the northeast corner of the S. Wayne Avenue and Eakin Road intersection, connecting to the existing walk, at the southwestern corner of the Eakin Road and Harrisburg Pike intersection. Additional work involves new ADA-compliant sidewalk and the south side of Eakin Road from the existing walk south of S. Wayne Avenue intersection to Hardesty Place W. and from Woodbrook Lane to the proposed SUP crossing at Whitethorne Avenue.
The cost to acquire the right-of-way needed to complete the project is estimated at $1,400,000.00. 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.
Ordinance 1533-2023 authorized the Director of Public Service to enter into a professional services contract with Michael Baker International for the UIRF ‐ Eakin Road SUP project. The intent of this project is to provide the City of Columbus, Department of Public Service, additional resources for the design of a new shared use path (SUP) along the north side of Eakin Road from S. Wayne Avenue to Whitethorne Avenue and on the south side of Eakin Road from Whitethorne Avenue to Harrisburg Pike (US 62). Improvements will include curb ramps, crosswalk markings, street lighting, drive aprons, curb, at‐grade RR crossing, and storm sewer as needed. The project crosses a bridge over Early Run that will require modification to accommodate a 10' SUP or a separate bridge will be installed.
Ordinance 2775-2024 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 UIRF ‐ Eakin Road SUP project.
Ordinance 3123-2024 authorized the Director of Public Service to enter into agreements, including reimbursement, with Indiana & Ohio Railway Company, a subsidiary of Genessee & Wyoming, Inc., relative to the UIRF - Eakin Road SUP 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 $1,400,000.00 are budgeted and available for this project in Fund 7704, the Streets and Highways Bond Fund. An amendment to the 2025 Capital Improvements Budget and a transfer of funds are necessary to align funding for these project expenditures. Funds will need to be appropriated.
3. EMERGENCY DESIGNATION
Emergency action is requested to ensure funds are available to get acquisition started so right of way is cleared in time to meet the ODOT timeline for construction and ensure the safety of the traveling public.
Title
To amend the 2025 Capital Improvement Budget; to appropriate funds within the Streets and Highways Bond Fund; 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 Urban Infrastructure Recovery Fund - Eakin Road SUP project; to authorize the City Auditor to appropriate $1,400,000.00 within the ODOT Highway Safety Improvement Program; 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 $1,400,000.00 from the ODOT Highway Safety Improvement Program and 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 Indiana & Ohio Railway Company, owned by Watco Companies LLC to facilitate the construction of the Urban Infrastructure Recovery Fund - Eakin Road SUP project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($1,400,000.00)
Body
WHEREAS, the City of Columbus is engaged in UIRF ‐ Eakin Road SUP project; and
WHEREAS, the project will install a new .87 mile shared use path (SUP) beginning at the northeast corner of the S. Wayne Avenue and Eakin Road intersection, connecting to the existing walk, at the southwestern corner of the Eakin Road and Harrisburg Pike intersection. Additional work involves new ADA-compliant sidewalk and the south side of Eakin Road from the existing walk south of S. Wayne Avenue intersection to Hardesty Place W. and from Woodbrook Lane to the proposed SUP crossing at Whitethorne Avenue; 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 costs, including professional services (e.g. surveys, title work, appraisals, etc.), staff and land costs, have been estimated to total $1,400,000.00; and
WHEREAS, this ordinance authorizes funding in the amount of $1,400,000.00 for that purpose; and
WHEREAS, it is necessary to authorize an amendment to the 2025 Capital Improvements Budget and transfer cash to provide for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, funds must be appropriated within Fund 7704, Streets and Highways Bond Fund; 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, the aforementioned project also requires the consent and cooperation of Indiana & Ohio Railway Company, 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 Indiana & Ohio Railway Company, owned by Watco Companies LLC for that purpose; and
WHEREAS, ODOT Highway Safety Improvement Program grant funds will be used to pay for this project; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend $1,400,000.00, 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 UIRF ‐ Eakin Road SUP 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 ODOT timeline for construction to ensure the safety of the traveling public 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 2025 Capital Improvements Budget authorized by ordinance 1790-2025 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change / C.I.B. as Amended
7704 / P590105-100081 / Pedestrian Safety Improvement - Sidewalk Replacement (Tree Root) (Voted Carryover) / $142,275.00/ ($142,275.00) / $0.00
7704 / P590105-100448 / Pedestrian Safety - Courtright Rd Sidewalks- Refugee Rd to Groves Rd (Voted Carryover) / $251,309.00/ ($251,309.00) / $0.00
7704 / P590105-100468 / Pedestrian Safety - SRTS - Summit Street Bump-Outs (Voted Carryover) / $61,280.00/ ($61,280.00) / $0.00
7704 / P590955-100000 / Operation Sidewalks (Voted Carryover) / $128,989.00/ ($128,989.00) / $0.00
7704 / P590955-100056 / Operation Sidewalks - School Sidewalks 2018 (Voted Carryover) / $112,925.00/ ($112,925.00) / $0.00
7704 / P590105-100000 / Pedestrian Safety Improvements (Voted Carryover) / $149,149.00/ ($149,149.00) / $0.00
7704 / P590105-100112 / Pedestrian Safety - Refugee Road - Winchester Pike to Hamilton Road (Voted Carryover) / $137,465.00 / ($137,465.00) / $0.00
7704 / P590105-100114 / Pedestrian Safety - SRTS Sidewalks-McGuffey and Duxberry (Voted Carryover) / $19,828.00 / ($19,828.00) / $0.00
7704 / P590105-100127 / Pedestrian Safety - Worthington Wood (Sancus to Deer Creek) (Voted Carryover) / $94,367.00 / ($94,367.00) / $0.00
7704 / P540002-100000 / Bikeway Development (Voted Carryover) / $239,248.00/ ($239,248.00) / $0.00
7704 / P540002-100105 / Bikeway Development - Tussing Road SUP Brice Rd to Hines Rd (Voted Carryover) / $239,494.00 / ($63,165.00) / $176,329.00
7704 / P440005-102232 / UIRF Eakin Road SUP / $0.00 / $1,400,000.00 / $1,400,000.00
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 UIRF ‐ Eakin Road SUP project in an amount up to $1,400,000.00.
SECTION 3. That the transfer of $142,275.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100081 (Pedestrian Safety - Pedestrian Safety Improvement - Sidewalk Replacement (Tree Root)), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the transfer of $251,309.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100448 (Pedestrian Safety - Courtright Rd Sidewalks- Refugee Rd to Groves Rd ), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 5. That the transfer of $61,280.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100468 (Pedestrian Safety - SRTS - Summit Street Bump-Outs), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. That the transfer of $128,989.24, 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 P590955-100000 (Operation Sidewalks), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 7. That the transfer of $16,761.21 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 P590955-100056 (Operation Sidewalks - School Sidewalks 2018), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 8. That the transfer of $96,163.79 or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590955-100056 (Operation Sidewalks - School Sidewalks 2018), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 9. That the transfer of $149,149.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100000 (Pedestrian Safety Improvements), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 10. That the transfer of $137,465.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100112 (Pedestrian Safety - Refugee Road - Winchester Pike to Hamilton Road), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 11. That the transfer of $19,828.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100114 (Pedestrian Safety - SRTS Sidewalks-McGuffey and Duxberry), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 12. That the transfer of $94,367.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100127 (Pedestrian Safety - Worthington Wood (Sancus to Deer Creek)), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 13. That the transfer of $239,248.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P540002-100000 (Bikeway Development), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 14. That the transfer of $63,165.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P540002-100105 (Bikeway Development - Tussing Road SUP Brice Rd to Hines Rd), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 15. That from the unappropriated monies 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 ended December 31, 2026, the sum of $1,400,000.00 is appropriated in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 16. That the expenditure of $1,400,000.00, 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 P440005-102232 (UIRF ‐ Eakin Road SUP), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 17. 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 Indiana & Ohio Railway Company, owned by Watco Companies LLC to facilitate the construction of the UIRF ‐ Eakin Road SUP project, and in support of contract modifications related to unforeseen concerns that might arise during construction.
SECTION 18. 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 19. 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 20. 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 21. 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 22. 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.