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File #: 1149-2014    Version: 1
Type: Ordinance Status: Passed
File created: 5/9/2014 In control: Public Service & Transportation Committee
On agenda: 6/2/2014 Final action: 6/5/2014
Title: To authorize the Department of Public Service to execute those documents required and expend City funds to acquire and accept a drainage and detention basin easement, as approved by the City Attorney’s Office, upon portions of real property located at Franklin County Tax Parcel Number 010-019405 from 1047 Cleveland LLC, an Ohio limited liability company, as necessary to complete the NCR - Milo Grogan project; and to declare an emergency. ($265,572.00)
Explanation
 
1.  BACKGROUND
The City is undertaking the Department of Public Service's NCR - Milo-Grogan project.  In order for the City to complete the project, the City is required to acquire a drainage and detention basin easement ("Easement") upon portions of real property located at Franklin County Tax Parcel Number 010-019405, which is owned by 1047 Cleveland LLC, an Ohio limited liability company ("Grantor").  
 
The City and Grantor established a value of Two Hundred Sixty-five Thousand, Five Hundred Seventy-two, and 00/100 U.S. Dollars ($265,572.00) for the Easement.  The terms of the Easement are required to be approved by the City Attorney's Office prior to the City's acquisition and acceptance of the Easement.  
 
Therefore, this ordinance authorizes the Department of Public Service to execute those documents required and to expend City funds in an amount up to Two Hundred Sixty-five Thousand, Five Hundred Seventy-two, and 00/100 U.S. Dollars ($265,572.00) to acquire and accept the Easement for the project.
 
2.  FISCAL IMPACT
Funds in the amount of $265,572.00 are available for this project in the Streets and Highways Bond Fund and the Gov't Build America Bond Fund within the Department of Public Service.  
 
3.  EMERGENCY JUSTIFICATION
Emergency action is requested for this legislation in order to provide for the immediate acquisition of the Easement necessary for the project in order to maintain the project schedule.
 
 
Title
 
To authorize the Department of Public Service to execute those documents required and expend City funds to acquire and accept a drainage and detention basin easement, as approved by the City Attorney's Office, upon portions of real property located at Franklin County Tax Parcel Number 010-019405 from 1047 Cleveland LLC, an Ohio limited liability company, as necessary to complete the NCR - Milo Grogan project; and to declare an emergency. ($265,572.00)
 
 
Body
 
WHEREAS, the City is undertaking the NCR - Milo Grogan project; and
 
WHEREAS, in order to complete the project, the City is required to acquire an Easement upon portions of real property located at Franklin County Tax Parcel Number 010-19405 from 1047 Cleveland LLC, an Ohio limited liability company ("Grantor"); and
 
WHEREAS, the City and Grantor established a value of Two Hundred Sixty-five Thousand, Five Hundred Seventy-two, and 00/100 U.S. Dollars ($265,572.00) for the Easement; and
 
WHEREAS, the terms of the Easement are required to be approved by the City Attorney's Office prior to the City's acquisition and acceptance of the Easement; and
 
WHEREAS, Funds in the amount of $265,572.00 are available for this project in the Streets and Highways Bond Fund and the Gov't Build America Bond Fund within the Department of Development; 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 Department of Public Service to execute those documents necessary and to acquire and accept the Easement as needed to complete the project and maintain the project schedule, which is for the immediate preservation of the public health, peace, property, and safety; and now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1. The Department of Public Service is authorized to execute those documents necessary and to acquire and accept a drainage and detention basin easement upon portions of real property located at Franklin County Tax Parcel Number 010-019405 from 1047 Cleveland LLC, an Ohio limited liability company as necessary to complete the NCR - Milo Grogan project.
 
SECTION 2. The terms of the Easement are required to be approved by the City Attorney's Office prior to the acquisition and acceptance of the Easement.
 
SECTION 3. That for the purpose of paying the cost of this contract the sum of up to $265,572.00 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways Bond Fund and the Gov't Build America Bond Fund within the Department of Public Service as follows:
 
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530058-100001 / NCR - Milo Grogan / 745801 / 06-6621 / $225,871.10
746 / 530058-100001 / NCR - Milo Grogan / 765801 / 06-6621 / $39,700.90
 
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated 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.