Explanation
1. BACKGROUND
This ordinance authorizes funds in the amount of up to $50,000.00, to be spent by the City Attorney for expenses associated with acquiring the right-of-way needed for the Lower Olentangy Tunnel - Phase 1, C.I.P. No. 650724-100000.
The City of Columbus entered into two consent orders with the Ohio EPA in 2002 and 2004 to address sanitary sewer overflows (SSOs) and combined sewer overflows (CSOs). To comply, the city developed a long-term plan that evolved into Blueprint Columbus. This plan focuses on removing stormwater from the sanitary sewer system through various green infrastructure projects, which is a more integrated and community-focused approach than the original gray infrastructure-heavy plan. The Lower Olentangy Tunnel - Phase 1 project is one of the projects undertaken to comply with the consent orders.
The City’s Department of Public Utilities (“DPU”) is engaged in the Lower Olentangy Tunnel - Phase 1, C.I.P. No. 650724-100000 (“Public Project”). This project is constructing a sewer tunnel in the Olentangy corridor for relief of the Olentangy combined sewer overflows and area Trunk Sewers, reducing CSOs to a typical year level of service. The tunnel will extend from the Henry Street Regulator (OARS shaft 6) to Tuttle Park. It will provide relief to the Olentangy Main, OSIS, Franklin Main, Clinton #3, and Kinnear Sub-Trunk sewers.
The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of Tuttle Park and located 320 feet west of the intersection of Neil Ave and Hudson St. (collectively, “Real Estate”) for DPU to complete the Public Project. Accordingly, DPU requested the City Attorney to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.) for DPU to complete the Public Project timely. Exhibits are attached to this Ordinance showing the details of the needed easements.
The Real Estate is in Columbus Community 44 - University District.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funds in the amount of $50,000.00 are available in the Sanitary Bond Fund, Fund 6109. An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation within the Sanitary Bond Fund, Fund 6109, is needed to align cash and appropriation with the proper project.
4. EMERGENCY JUSTIFICATION
Emergency action is requested as Real Estate is needed to complete the project.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate located in the vicinity of Tuttle Park for the Lower Olentangy Tunnel - Phase 1 project; to contract for associated professional services in order for the Department of Public Utilities to timely complete the acquisition of Real Estate for the project; to amend the 2025 Capital Improvement Budget; to authorize the transfer of cash and appropriation between projects within the Sanitary Bond Fund; and to declare an emergency. ($50,000.00)
Body
WHEREAS, in 2002 and 2004 the City entered into consent orders with the Ohio EPA to address sanitary sewer overflows (SSOs) and combined sewer overflows (CSOs); and
WHEREAS, the Department of Public Utilities (“DPU”) is engaged in the Lower Olentangy Tunnel - Phase 1 project to comply with the consent orders; 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 Tuttle Park (“Real Estate”) for DPU to complete the Public Project; and
WHEREAS, funding is needed to complete the Real Estate acquisition and is available in the Sanitary Bond Fund, Fund 6109; and
WHEREAS, it is necessary to amend the 2025 Capital Improvement Budget to align budget authority with the proper project; and
WHEREAS, a transfer of cash and appropriation between projects with the Sanitary Bond Fund, Fund 6109, is needed to align cash and appropriation with the proper project; and
WHEREAS, it is necessary for this Council to authorize the expenditure of up to fifty thousand and 00/100 U.S. Dollars ($50,000.00) from the Sanitary Bond Fund, Fund 6109 for the Real Estate; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Utilities in that it is immediately necessary to acquire Real Estate for the Public Project to comply with the terms of the consent orders, all 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 2025 Capital Improvements Budget authorized by ordinance 1790-2025 be amended to establish sufficient authority for this project:
Fund/Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6109 / 650354-100000 / SWWTP Post Aeration Diffuser Replacement (Voted Sanitary Carryover) / $59,915.00 / $9,915.00 / ($50,000.00)
6109 / 650724-100000 / Lower Olentangy Tunnel - Phase 1 (Voted Sanitary Carryover) / $0.00 / $50,000.00 / $50,000.00
SECTION 2. That the transfer of $50,000.00, or so much thereof as may be needed, is hereby authorized within Fund 6109 (Sanitary Bond Fund) per the account 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 in the vicinity of Tuttle Park (“Real Estate”) for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Lower Olentangy Tunnel - 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 Real Estate’s acquisition for the Public Project.
SECTION 5. That the City Attorney, in order to exercise the authority described in Sections three and four of this ordinance, is authorized to spend this fifty thousand and 00/100 U.S. Dollars ($50,000.00), or as much as may be necessary, from the Sanitary Bond Fund, Fund 6109, according to the account codes in the attachment to this ordinance, for the Real Estate.
SECTION 6. 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 7. 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 8. 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 9. 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 (10) days after passage if the Mayor neither approves nor vetoes the same.