Explanation
BACKGROUND: This legislation amends the 2004 Capital Improvements Budget and transfers $600,000.00 within the Storm Sewer Bonds Fund and to the Scioto River West Floodwall Fund to make a payment to the Department of the Army, Huntington District, Corps of Engineers, for the City's share of the total project cost required for construction of the West Columbus Local Protection Project (WCLPP), Capital Improvements Project No. 610892, in Federal fiscal year 2005. The current estimate of the City's total share of project costs, $37.6 million dollars, as well as the method by which the City is required to provide said funds are set forth in Article VI of the modified Project Cooperation Agreement (PCA), and accompanying financing plan as prepared by the Army Corps of Engineers.
EMERGENCY DESIGNATION: The Division is requesting that this legislation be considered an emergency measure in order to comply with the Corps of Engineer's project schedule.
FISCAL IMPACT: The project for which this legislation requests fund transfer currently has an insufficient balance to allow for the aforementioned expenditure. This transfer does not reflect any changes to the projects planned in the 2004 Capital Improvements Budget (CIB). The change is a temporary measure for the project that is being designed or constructed to maintain efficient cash flow within Stormwater CIB. Funds will be made available for all approved projects as needed.
Title
To authorize the City Auditor to make an intra-subfund transfer of $600,000.00 within the Storm Sewer Bonds Fund; to authorize an amendment to the 2004 Capital Improvements Budget; to transfer $600,000.00 from the Storm Sewer Bonds Fund to the Scioto River West Floodwall Fund; to appropriate said monies within the Scioto River West Floodwall Fund; to make payment from the Scioto River West Flood Wall Fund to the United States of America, Department of the Army, in the amount of $600,000.00, for the City's share of the total project cost required for the 2005 Federal fiscal year for construction of the West Columbus Local Protection Project (WCLPP), in accordance with the Project Cooperation Agreement between the City and the Army Corps of Engineers, for the Division of Sewerage and Drainage; and to declare an emergency. ($600,000.00)
Body
WHEREAS, it is necessary to transfer funds within the Storm Sewer Bonds Fund to make a payment to the United States of America, Department of the Army for the City's share of the total project cost required for the 2005 Federal fiscal year for construction of the West Columbus Local Project; and
WHEREAS, it is necessary to authorize an amendment to the 2004 Capital Improvements Budget for purposes of providing sufficient funding and spending authority for the aforementioned project expenditure; and
WHEREAS, this transfer does not adversely affect any project in the 2004 Capital Improvements Budget; and
WHEREAS, the Congress of the United States, in Public Law 99-662, has specified that the cost of the Scioto River West Flood Wall (West Columbus Local Protection Project) flood control project, including cost of designing the project, shall be shared between the Federal government and the local non-Federal sponsor; and
WHEREAS, a project Cooperation Agreement, as required by Section 221 of the Flood Control Act of 1970, Public Law 91-611, has been authorized by Ordinance No. 1184-93, as passed by Columbus City Council on May 17,1993, and execution on July 20, 1993, between the City and the Government whereby the City becomes the non-Federal interest sponsoring the Project; and
WHEREAS, in accordance with Article VI, Section B.2. of the Project Cooperation Agreement, the City of Columbus is required to provide its share of total project cost required for Federal fiscal year 2005 construction in the amount of $600,000.00 as determined by the Department of the Army, Huntington District, Corps of Engineers; and
WHEREAS, the Huntington District, Corps of Engineers sent a letter informing the City that additional funding is needed in order to complete the project, currently scheduled for FY 2005; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to make the aforementioned payment and in order to comply with the Corps of Engineers' project schedule, for the preservation of the public health, peace, property and safety; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Auditor is hereby authorized to transfer $600,000.00 within the Storm Sewer Bonds Fund, Fund 685, Division of Sewerage and Drainage, Division 60-15, as follows:
TRANSFER FROM: 610824; 685824; Dry Run Flood Routing at Valleyview
TRANSFER TO: 610892; 685892; West Columbus Local Protection (Floodwall)
Section 2. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance 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 no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
Section 3. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 4. That the 2004 Capital Improvements Budget Ordinance No. 1059-2004 is hereby amended as follows, in order to establish sufficient funding authority:
CURRENT:
610824: Dry Run @ Valleyview - $2,620,002.00
610892: West Columbus Local Protection (Floodwall) - $0.00
AMENDED TO:
610824: Dry Run @ Valleyview - $2,020,002.00 (-$600,000.00)
610892: West Columbus Local Protection (Floodwall) - $600,000.00 (+$600,000.00)
Section 5. That the City Auditor is hereby authorized to transfer $600,000.00 within the Storm Sewer Bonds Fund, Fund 685, Division of Sewerage and Drainage, Division 60-15, as follows:
TRANSFER FROM: 610892; 685892; West Columbus Local Protection (Floodwall)
TRANSFER TO: 610901; 685001; Storm Sewer Bonds Fund
Section 6. That the City Auditor be and is hereby authorized to transfer $600,000.00 from the Storm Sewer Bonds Fund, Fund 685, Department of Public Utilities, Division of Sewerage and Drainage, Division 60-15, Project 610901, Object Level One 10, Object Level Three 5501, to the unappropriated balance of the Scioto River West Floodwall Fund, 686.
Section 7. That $600,000.00 is hereby appropriated for capital improvements in the specific capital project as follows: Division of Sewerage and Drainage, Division No. 60-15, Scioto River West Floodwall Fund, Fund No. 686, Project 610892, West Columbus Local Protection, OCA Code 686892, Object Level Three-6621.
Section 8. That the City Auditor be, and hereby is, authorized to make payment for the advancement of funds for the City's share of the total project cost required for Department of the Army's 2005 fiscal year of construction, and that said funds will be advanced to the United States of America, Department of the Army, for the West Columbus Local Protection Project (Scioto River West Flood Wall), Capital Improvements Project No. 610892, in accordance with the terms and conditions of the Project Cooperation Agreement on file in the office of the Division of Sewerage and Drainage.
Section 9. That the expenditure of $600,000.00, or as much thereof as may be needed to pay the cost thereof, be and the same hereby is authorized as follows: Division of Sewerage and Drainage, Division No. 60-15, Scioto River West Floodwall Fund, Fund No. 686, Project 610892, West Columbus Local Protection, OCA Code 686892, Object Level Three-6621.
Section 10. That immediately upon the effective date of this Ordinance, and upon receipt of a request for payment from the Director of Public Utilities, the City Auditor is hereby requested to advance those funds specified in Section 9. of this Ordinance to "FAO, U.S. Army, Ohio River Division", in accordance with the aforementioned Project Cooperation Agreement.
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.