Explanation
1. BACKGROUND
This ordinance authorizes the City Attorney to acquire the Real Estate needed for the Department of Public Utilities to complete Fourth Water Plant Transmission Main Phase 1 Project, C.I.P. No. 690502-100001, in an amount up to $5,000,000.00.
The City’s Department of Public Utilities (“DPU”) is engaged in acquiring real estate for the Fourth Water Plant Transmission Main Phase 1 Project, C.I.P. No. 690502-100001 (“Public Project”). The easements are required to connect the New Home Road Water Plant to the CWP water distribution system as part of Phase One of the transmission main project. The easement area includes 46 parcels extending from the vicinity of Cook Road to the connection point at Blazer Tank. Across these parcels, the project will require approximately 30 acres of permanent easements and 23 acres of temporary easements The transmission mains will extend from the Home Road water plant located at 5992 Home Road, Delaware, OH 43015, to strategic connection points in the City’s existing water distribution system. One transmission main is to be constructed by 12/31/2028, with the completion of the second main by 12/31/2030.
The majority of the transmission main will be located outside the City of Columbus. The portion within the City of Columbus will be located within the Hayden Run Planning Area (30) and the Far Northwest Planning Area (31).
Accordingly, DPU requested the City Attorney to acquire the Real Estate in good faith and contract for associated professional services (surveys, title work, appraisals, etc.) in order for DPU to timely complete the Public Project.
Exhibits are attached to this Ordinance showing the details of forty-two (42) permanent easements and forty-two (42) temporary easements to be acquired for this project.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funding for this contract will be obtained through the Ohio Water Development Authority (OWDA) Direct Loan Program. City Council authorized this loan application and acceptance of loan funding via Ordinance 0341-2026, passed by Council on 3/2/26, and this ordinance is contingent upon OWDA loan approval. The OWDA Board is expected to approve the loan at their June Board meeting.
The 2025 Capital Improvement Budget will need to be amended to align budget authority with the proper project. Funds will need to be appropriated in the Water - Fresh Water Market Rate Fund, Fund 6014.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate and to contract for associated professional services in order for the Department of Public Utilities to timely complete the acquisition of Real Estate for the Fourth Water Plant Transmission Main Phase 1 Project; to authorize an amendment to the 2025 Capital Improvement Budget; to appropriate funds within the Water - Fresh Water Market Rate Fund; to make this ordinance contingent upon approval of a loan from the Ohio Water Development Authority; and to authorize the expenditure of up to $5,000,000.00 from the Water - Fresh Water Market Rate Fund. ($5,000,000.00)
Body
WHEREAS, the City intends to construct water transmission mains in conjunction with the construction of the City’s future Fourth Water Plant on Home Road. The transmission mains will extend from the Home Road water plant located at 5992 Home Road, Delaware, OH 43015, to strategic connection points in the City’s existing water distribution system; and
WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple and lesser real estate located in the vicinity of Cook Road to the connection point at Blazer Tank. Across these parcels, the project will require approximately 30 acres of permanent easements and 23 acres of temporary easements (“Real Estate”) in order for DPU to complete the Public Project; and
WHEREAS, the City intends for the City Attorney to spend City funds to acquire the Real Estate in good faith and contract for associated professional services (surveys, title work, appraisals, etc.); and
WHEREAS, Ordinance 0341-2026 authorized this contract to be funded by a loan to be obtained through the Ohio Water Development Authority Direct Loan Program; and
WHEREAS, the loan is scheduled to be approved by the Ohio Water Development Authority Board at their June Board meeting; and
WHEREAS, it is necessary to amend the 2025 Capital Improvement Budget to align budget authority for the project; and
WHEREAS, it is necessary to appropriate funds in the Water - Fresh Water Market Rate Fund, Fund 6014; and
WHEREAS, it is necessary in the daily operation of the Department of Public Utilities for this Council to authorize the expenditure of up to five million and 00/100 U.S. Dollars ($5,000,000.00) from the Water - Fresh Water Market Rate Fund, Fund 6014, to acquire this Real Estate; 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 budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6014 / 690502-100001 / Fourth Water Plant Transmission Main Phase 1 (OWDA Direct Loan) / $1,000,000.00 / $5,000,000.00 / $4,000,000.00 (To match loan amount)
SECTION 2. That the appropriation of $5,000,000.00, or so much thereof as may be needed, is hereby authorized in the Water - Fresh Water Market Rate Fund, Fund 6014, per the accounting codes in the attachment to this ordinance.
SECTION 3. That the City Attorney is authorized to acquire in good faith and accept certain fee simple and lesser real estate located from the vicinity of Cook Road to the connection point at Blazer Tank, and other real estate as needed to complete the Fourth Water Plant Transmission Main Project Phase 1 (“Public Project”).
SECTION 4. That the City Attorney is authorized to contract for professional services (e.g. surveys, title work, appraisals, etc.) associated with the Real Estate’s acquisition for the Public Project.
SECTION 5. That the City Attorney, in order to exercise the authority described in Sections Three (3) and Four (4) of this ordinance, is authorized to spend up to five million and 00/100 U.S. Dollars ($5,000,000.00), or as much as may be necessary, from the Water - Fresh Water Market Rate Fund, Fund 6014, according to the account codes in the attachment to this ordinance.
SECTION 6. That this ordinance is contingent upon the OWDA Board approving a loan for the acquisition of the needed real estate for the Fourth Water Plant Transmission Main Project Phase 1 project.
SECTION 7. That the expenditure of $5,000,000.00, or so much thereof as may be needed, is hereby authorized to pay for this contract per the accounting codes in the attachment to this ordinance.
SECTION 8. That 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 9. 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 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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.