Explanation
1. BACKGROUND
This legislation authorizes the encumbrance and expenditure of $200,000.00 for the purpose of reimbursing OhioHealth Corporation (“OhioHealth”) for design costs incurred relative to various public infrastructure improvements completed in the vicinity of S.R. 315 and North Broadway (the “Projects”).
Ordinance 2894-2017 authorized the Director of Public Service to enter into reimbursement agreements with OhioHealth, whereby the City agreed to reimburse OhioHealth up to $3,877,000.00 for costs associated with the design and construction of the Projects. Ordinance 1454-2018 authorized the Director of Public Service to modify a design reimbursement agreement with OhioHealth to facilitate additional work related to Stream Corridor Protection Zone (SCPZ) requirements and replacing an existing 20-inch water main along Olentangy River Road between Slyh Run and McConnell Drive.
The initial estimate to complete the additional work was $413,970.00. However, the actual costs incurred by OhioHealth relative to the completion of the necessary stream mitigation plans exceeded the funds previously appropriated for that purpose, necessitating the execution of a second modification between the parties, which was authorized pursuant to Ordinance 2923-2019.
Due to an administrative error, ACPO003225, the Auditor’s Certificate established under Ordinance 1454-2018, was cancelled before the outstanding obligation to OhioHealth was satisfied. The legislation seeks to restore a portion of that funding to enable the City to do so.
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for OhioHealth Corporation is CC006104, which expires February 22, 2025.
3. FISCAL IMPACT
Funding for this project is available as follows: $164,072.15 is available in the Streets and Highways Bond Fund (7704); $6,131.06 is available in the Development Taxable Bonds Fund (7739); and $29,796.79 is available in the Northland and Other Acquisitions Fund (7735). A transfer of cash and appropriation between projects within each of the Streets and Highways Bond Fund, Development Taxable Bonds Fund, and the Northland and Other Acquisitions Fund is needed to align cash and appropriation with the proper project.
4. EMERGENCY DESIGNATION
Emergency action is requested to enable the City to immediately replace the Auditor’s Certificate erroneously canceled in order for the City to satisfy its outstanding obligation to OhioHealth as soon as reasonably practicable.
Title
To authorize the City Auditor to transfer cash and appropriation between projects within each of the Streets and Highways Bond Fund, Development Taxable Bonds Fund, and Northland and Other Acquisitions Fund; to authorize the Department of Public Service to reimburse OhioHealth Corporation for certain design costs incurred relative to various public infrastructure improvements completed in the vicinity of S.R. 315 and North Broadway; to authorize the expenditure of up to $164,072.15 from the Streets and Highways Bond Fund, the expenditure of up to $6,131.06 from the Development Taxable Bonds Funds, and the expenditure of up to $29,796.79 from the Northland and Other Acquisitions Fund; and to declare an emergency. ($200,000.00)
Body
WHEREAS, Ordinance 2894-2017 authorized the Director of Public Service to enter into reimbursement agreements with OhioHealth Corporation (“OhioHealth”) whereby the City agreed to reimburse OhioHealth up to $3,877,000.00 for costs associated with the design and construction of various public infrastructure improvements in the vicinity of S.R. 315 and North Broadway (the “Projects”); and
WHEREAS, Ordinance 1454-2018 authorized the Director of Public Service to modify a design reimbursement agreement with OhioHealth to facilitate additional work related to Stream Corridor Protection Zone (SCPZ) requirements and replacing an existing 20-inch water main along Olentangy River Road between Slyh Run and McConnell Drive, then estimated to cost $413,970.00; and
WHEREAS, the actual costs incurred by OhioHealth relative to the development of stream mitigation plans have exceeded the monies appropriated pursuant to Ordinance 1454-2018 for that purpose; and
WHEREAS, Ordinance 2923-2019 authorized the execution of a second modification between the parties to provide for the reimbursement of up to $210,000.00 in additional design costs incurred by OhioHealth for the aforementioned work; and
WHEREAS, an administrative error resulted in the cancellation of ACPO003225, which represents the Auditor’s Certificate established under Ordinance 1454-2018, before the City satisfied its outstanding obligation to OhioHealth; and
WHEREAS, this legislation seeks to authorize the encumbrance and expenditure of $200,000.00 to enable the City to do so; and
WHEREAS, an emergency exists in the usual operation of the Department of Public Service in that is immediately necessary to authorize the passage of this legislation in order to enable the City to as soon as possible replace the Auditor’s Certificate erroneously canceled to allow the City to satisfy its outstanding obligation to OhioHealth as soon as reasonably practicable, 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 $164,072.15, or so much thereof as may be needed, is hereby authorized between projects within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P441759-100000 (SR315 - Ramp 6C Removal), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P441759-100003 (SR315 at North Broadway - Design), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 2. That the transfer of $6,131.06, or so much thereof as may be needed, is hereby authorized between projects within Fund 7739 (Development Taxable Bonds Fund), from Dept-Div 4402 (Economic Development), Project P441759-100000 (SR315 - Ramp 6C Removal), Object Class 06 (Capital Outlay), to Dept-Div 5912 (Design and Construction), Project P441759-100003 (SR315 at North Broadway - Design), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the transfer of $29,796.79, or so much thereof as may be needed, is hereby authorized between projects within Fund 7735 (Northland and Other Acquisitions Fund), from Dept-Div 4402 (Economic Development), Project P540007-100066 (Signal Installation - Gravity Project), Object Class 06 (Capital Outlay), to Dept-Div 5912 (Design and Construction), Project P441759-100003 (SR315 at North Broadway - Design), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the Department of Public Service is hereby authorized to reimburse OhioHealth Corporation for certain design costs incurred relative to various public infrastructure improvements completed in the vicinity of S.R. 315 and North Broadway in accordance with ordinances 1454-2018 and 2923-2019.
SECTION 5. That the expenditure of $164,072.15, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 59-12 (Division of Design and Construction), Project P441759-100003 (SR 315 at North Broadway-Design) in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 6. That the expenditure of $6,131.06, or so much thereof as may be needed, is hereby authorized in Fund 7739 (Development Taxable Bonds Fund), Dept-Div 59-12 (Division of Design and Construction), Project P441759-100003 (SR 315 at North Broadway-Design) in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 7. That the expenditure of $29,796.79, or so much thereof as may be needed, is hereby authorized in Fund 7735 (Northland and Other Acquisitions Fund), Dept-Div 59-12 (Division of Design and Construction), Project P441759-100003 (SR 315 at North Broadway-Design) in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
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 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 10. 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 11. 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.