Explanation
1. BACKGROUND
The Department of Public Service, Division of Design and Construction is engaged in the Pedestrian Safety Improvements - Lane Avenue Sidewalks project. Ordinance 0726-2011 passed by City Council May 16, 2011 authorized the Director of Public Service to enter into contract with Complete General Construction for the project.
This project consists of construction of sidewalk and ADA curb ramps on the south side of West Lane Avenue from Kenny Road to Fyffe Road; mill and resurface West Lane Avenue from Kenny Road to east of Fyffe Road; and addition of a left turn lane eastbound at Kenny Road and westbound at SR 315.
In addition, this project has included improvements by the Ohio Department of Transportation(ODOT) that will widen US 315 north and south exit ramps at West Lane Avenue and US 315 and upgrading the traffic lights within the limits of the project.
After the passage of ordinance 0726-2011, discussions with ODOT resulted in the conclusion that the funding breakdown needed to be adjusted to reflect a different funding allocation than previously understood. It is necessary to provide additional City share for part 2 of the project and reallocate Federal and State Funds for the project.
This ordinance amends ordinance 0726-2011 to adjust the funding sources for this project.
2. FISCAL IMPACT
This ordinance authorizes additional local funds for Lane Avenue Sidewalk Project and reallocates State and Federal Funds among the phases. The additional local share is budgeted within the Streets and Highways G.O. Bonds Fund and the State and Federal Funding is available within the grants for this project.
3. EMERGENCY DESIGNATION
Emergency action is requested to ensure proper accounting practices and to accurately reflect the funding sources associated with this project.
Title
To amend Ordinance 0726-2011 to reflect the proper funding allocations for the Pedestrian Safety Improvement - Lane Avenue Sidewalk project for the Department of Public Service, Division of Design and Construction; and to declare an emergency. ($1,990,397.07)
Body
WHEREAS, Ordinance 0726-2011, passed by City Council on May 16, 2011 authorized the Director of Public Service to enter into contract with Complete General Construction for the Pedestrian Safety Improvements - Lane Avenue Sidewalks project; and
WHEREAS, after legislation was passed and further discussions were held with the Ohio Department of Transportation it was determined that the funding allocations in the ordinance needed to be adjusted to reflect a different funding allocation than previously understood; and
WHEREAS, it is therefore necessary to amend Ordinance 0726-2011 to provide for and reflect these changes; 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 amend Ordinance 0726-2011 in order to reflect proper accounting of the project; now, therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Ordinance 726-2011 be and hereby is amended as follows:
(title)
To authorize the Director of Public Service to enter into contract with Complete General Construction for the Pedestrian Safety Improvements - Lane Avenue Sidewalks Project; to provide for the payment of inspection services in connection with the project; to authorize the City Auditor to appropriate and transfer $211,409.72 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $211,409.72 and transfer cash and appropriation within the Streets and Highways G.O. Bonds Fund and $25,822.93 within the Special Purpose Fund; to authorize the transfer of funds from the Streets and Highways G.O. Bonds Fund and the Special Purpose Fund to the Fed-State Highway Engineering Fund; to appropriate $1,968,296.07 $1,925,861.97 from the Fed-State Highway Engineering Fund and $71,456.34 $64,535.10 in the Local Government Grant Fund; to authorize the expenditure of $1,918,940.73 $1,925,861.97 from the Fed-State Highway Engineering Fund and $71,456.34 $64,535.10 in the Local Government Grant Fund; and to declare an emergency. ($1,990,397.07)
(body)
SECTION 1. That the Director of Public Service be and is hereby authorized to enter into contract with Complete General Construction, 1221 East Fifth Avenue, Columbus, Ohio, 43219 for the construction of the Pedestrian Safety Improvements - Lane Avenue Sidewalks project in the amount of $1,783,507.07 or so much thereof as may be needed, for the Division of Design and Construction in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $206,890.00.
SECTION 2. That the 2011 Capital Improvement Budget authorized by ordinance 0266-2011 be and is hereby amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
704 / 530161-100000 / Roadway Improvements (Voted 2008) / $425,484.00 / ($66,410.00) / $359,074.00
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks (Voted 2008) / $145,000 / $66,410.00 / $211,410.00
SECTION 3. The sum of $211,409.72 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, 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, 2011 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 4. That the City Auditor is hereby authorized to transfer said funds to the Streets and Highways G.O. Bonds Fund, No. 704, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
SECTION 5. That the transfer of cash and appropriation between object levels in Fund 704, the Streets and Highways G.O. Bonds Fund be authorized as follows:
From
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks / 06-6600 / 740511 / $17,845.32
To
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks / 10-5501 / 740511 / $17,845.32
SECTION 56. That $211,409.72 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-12, Division of Design and Construction as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks / 10-5501 / 740511 / $211,409.72
SECTION 67. 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 78. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 4 above.
SECTION 89. That the City Auditor is authorized to establish proper accounting project numbers and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 4, above.
SECTION 910. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $211,409.72 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
SECTION 1011. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 1112. That from the unappropriated monies in Fund 223, The Special Purpose Fund, and from all monies estimated to come into said fund from and any and all sources and unappropriated for any other purpose, the sum of $25,822.93 is appropriated as follows
Fund / Subfund / Dept - Div / OCA / O.L. 01-03 / Amount
223 / 305 / 59-10 / 223305 / 10-5501 / $25,822.93
SECTION 1213. That the City Auditor be directed to transfer monies between Funds as follows:
From:
Fund / Subfund / Dept - Div / OCA / O.L. 01-03 / Amount
223 / 305 / 59-10 / 223305 / 10-5501 / $25,822.93
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks / 10-5501 / 740511 / $211,409.72 $229,255.04
To:
Fund / Grant / Grant Name / Dept-Div / O.L. 01-03 Codes / OCA / Amount
765 / 591181 / Lane Avenue Sidewalks / 59-12 / 80-0886 / 591181 / $237,232.65 $255,077.97
SECTION 1314. The sum of $1,918,940.73 $1,925,861.97 be and is hereby appropriated from the unappropriated balance of the Fed-State Highway Engineering Fund, No. 765, 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, 2011 to the Division of Design and Construction, Dept-Div 59-12, Grant and OCA to be determined by the City Auditor.
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6600 / 591181 / $1,918,940.73 $1,925,861.97
SECTION 1415. The sum of $71,456.34 $64,535.10 be and is hereby appropriated from the unappropriated balance of the General Government Grant Fund, No. 220, 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, 2011 to the Division of Design and Construction, Dept-Div 59-12, Grant and OCA to be determined by the City Auditor.
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
220 / 591180 / Lane Avenue Sidewalks / 06-6600 / 591180 / $71,456.34 $64,535.10
SECTION 1516. That for the purpose of paying the cost of this contract and inspection, the sum of $1,990,397.07 or so much thereof as may be needed, is hereby authorized to be expended from the Fed-State Highway Engineering Fund, No. 765 and the General Government Grant Fund, No. 220 as follows:
Part 1
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $197,252.72 $202,960.17 (Des & Con Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6687 / 591181 / $14,157.00 (Des & Con Inspection)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $25,822.93 (Developer Funds Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $911,188.02 $962,555.07 (FHWA Funds Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6687 / 591181 / $127,416.00 (FHWA Funds Inspection)
Part 2
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $12,137.87 (Des & Con Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $584,319.06 $522,027.93 (FHWA Funds Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6687 / 591181 / $58,785.00 (FHWA Funds Inspection)
59-12 / 220 / 591180 / Lane Avenue Sidewalks / 06-6621 / 591180 / $64,924.34 $58,003.10 (ODOT Funds Contract)
59-12 / 220 / 591180 / Lane Avenue Sidewalks / 06-6687 / 591180 / $6,532.00 (ODOT Funds Inspection)
SECTION 1617. 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.
SECTION 2. 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.