Explanation
1. BACKGROUND
The following ordinance authorizes the City Attorney's Office, Real Estate Division to hire professional services (e.g. surveys, title work, appraisals, etc.) and to negotiate with property owners to acquire the various property rights necessary to complete the Arterial Street Rehabilitation - Avery Road project in the Hayden Run Planning Area (30).
This legislation also seeks to authorize the Director of Public Service, or a designee, to execute agreements with Benesch and CSX Transportation Inc. to facilitate the construction of this project.
Ordinance No. 2922-2023 authorized the Director of Public Service to enter into agreements with CSX Transportation Inc. and other railroad companies as needed relative to the Arterial Street Rehabilitation - Avery Road project. The encumbrance and expenditure of funding to support work performed sanctioned under those agreements was authorized pursuant to Ordinance Nos. 3003-2020 and 2665-2023.
The Department of Public Service is engaged in the Arterial Street Rehabilitation - Avery Road project. The project includes improvements to Avery Road between Hayden Run Road and the proposed extension of Tuttle Crossing Boulevard. The project will also include complete street elements such as a shared use path and a sidewalk along Avery Road along with new lighting, storm sewer modifications, signal modifications, construction of a new roundabout, and signal installation. This project also includes lane reconfiguration by use of milling and overlay from 750 feet south of Hayden Road to the railroad tracks just north of Hayden Run Road, along with improvements and reconstruction of 1.02 miles of Avery Road from the railroad track just north of Hayden Run Road to the intersection of Avery Run Road. The project will include the addition of curb and gutter, shared use path, sidewalk, a roundabout at Avondale Woods Boulevard, closed drainage system, and lighting.
Ordinance No. 0820-2026 authorized the appropriation and expenditure of funding in the amount of up to $1,000,000.00 to acquire right-of-way needed to complete the project. This ordinance is authorizing an additional funds up to $750,000.00 to acquire the right-of-way needed to complete the project. If the cost to acquire the needed right-of-way should exceed this estimate, additional legislation will be submitted to Council requesting the needed funding.
2. FISCAL IMPACT
Funding is available, through the Department of Development, with $750,000.00 from the community authority assessments in the Hayden Run South TIF Fund, Fund 4450; Funds will need to be appropriated in Fund 4450 and transferred to Fund 7767, the Hayden Run South TIF Capital Fund, and then appropriated in Fund 7767. Project expenses will be paid from Fund 7767. Additional funding to support services performed by Benesch and CSX Transportation Inc. may be authorized pursuant to separate legislation.
3. EMERGENCY DESIGNATION
Emergency action is requested to complete acquisition that is already in progress, appraisals came in higher than expected and waiting thirty days or more would prevent the City from not being able to make all offers on the project, and not being able to keep the project on schedule within the construction season.
Title
To appropriate funds within the Hayden Run South TIF Fund; to transfer funds from the Hayden Run South TIF Fund to the Hayden Run South TIF Capital Fund; to authorize an appropriation and expenditure of $750,000.00 within the Hayden Run South TIF Capital Fund; to authorize the City Attorney's Office, to contract for professional services relative to the acquisition of fee simple title and lesser interests in and to property needed for the Arterial Street Rehabilitation - Avery Road project and negotiate with property owners to acquire the additional rights of way necessary to complete this project; to authorize the Director of Public Service to contract with Benesch and CSX Transportation Inc. for construction of the Arterial Street Rehabilitation - Avery Road project; and to declare an emergency. ($750,000.00)
Body
WHEREAS, the City of Columbus is engaged in Arterial Street Rehabilitation - Avery Road project that includes improvements to Avery Road between Hayden Run Road and the proposed extension of Tuttle Crossing Boulevard; and
WHEREAS, the project also includes complete street elements such as a shared use path and a sidewalk along Avery Road along with new lighting, storm sewer modifications, signal modifications, construction of a new roundabout, and signal installation; lane reconfiguration by use of milling and overlay from 750 feet south of Hayden Road to the railroad tracks just north of Hayden Run Road, along with improvements and reconstruction of 1.02 miles of Avery Road from the railroad track just north of Hayden Run Road to the intersection of Avery Run Road; and the addition of curb and gutter, shared use path, sidewalk, a roundabout at Avondale Woods Boulevard, closed drainage system, and lighting; and
WHEREAS, successful completion of this project necessitates the City to acquire fee simple title and lesser interests in and to various properties located along the project corridor as additional rights-of-way; and
WHEREAS, Ordinance No. 0820-2026 authorized the appropriation and expenditure of funding in the amount of up to $1,000,000.00 from the Hayden Run South TIF Capital Fund to acquire right-of-way needed to complete the project; and
WHEREAS, additional right-of-way acquisition costs, including professional services (e.g. surveys, title work, appraisals, etc.), staff and land costs, have been estimated to total $750,000.00; and
WHEREAS, this ordinance authorizes additional funding in the amount of $750,000.00 available in the Hayden Run TIF Fund, Fund 4450, for that purpose; and
WHEREAS, the aforementioned project also requires the consent and cooperation of Benesch and CSX Transportation Inc., which operates within the project limits, to identify and mitigate potential conflicts between existing rail operations and the planned public improvements; and
WHEREAS, this legislation seeks to authorize the execution of a construction contract, or a similar instrument, between the Department of Public Service and Benesch and between the Department of Public Service and CSX Transportation Inc. for that purpose; and
WHEREAS, it is necessary to appropriate community authority assessments funds in Fund 4450, Hayden Run South TIF Fund; and
WHEREAS, it is necessary for Council to authorize a transfer of community authority assessments funds from Fund 4450, Hayden Run South TIF Fund, to Fund 7767, Hayden Run South TIF Capital Fund, to establish sufficient cash to pay for the project; and
WHEREAS, it is necessary to appropriate community authority assessments funds in Fund 7767, Hayden Run South TIF Capital Fund; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend $750,000.00, or so much thereof as may be necessary, to hire professional services and to negotiate with property owners to acquire the various property rights necessary to complete the Arterial Street Rehabilitation - Avery Road project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that acquisition that is already in progress had appraisals come in higher than expected and waiting thirty days or more would prevent the City from not being able to make all offers on the project, and not being able to keep the project on schedule within the construction season, thereby preserving the safety of the traveling public, 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 from the unappropriated monies 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 ended December 31, 2026, the sum of $750,000.00 is appropriated in Fund 4450 (Hayden Run South TIF Fund), Dept-Div 4402 (Economic Development), Subfund 445002, in Object Class 10 (Transfer Out) per the account codes in the attachment to this ordinance.
SECTION 2. That the transfer of $750,000.00, or so much thereof as may be needed, is hereby authorized from Fund 4450 (Hayden Run South TIF Fund), Dept-Div 4402 (Economic Development), Subfund 445002, to Fund 7767 (Hayden Run South TIF Capital Fund), Dept-Div 5912 (Design and Construction), Project P530103-100057 (Arterial Street Rehabilitation - Avery Road) per the account codes in the attachment to this ordinance.
SECTION 3. That from the unappropriated monies 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 ended December 31, 2026, the sum of $750,000.00 is appropriated in Fund 7767 Hayden Run South TIF Capital Fund), Dept-Div 5912 (Design and Construction), P530103-100057 (Arterial Street Rehabilitation - Avery Road), in Object Class 06 (Capital Outlay), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the expenditure of $750,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7767 (Hayden Run South TIF Capital Fund) in Dept-Div 5912 (Design and Construction), Project P530103-100057 (Arterial Street Rehabilitation - Avery Road), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 5. That the City Attorney's Office, Real Estate Division, be, and hereby is, authorized to acquire fee simple title and lesser interests in and to certain parcels of real estate, to contract for professional services (e.g. surveys, title work, appraisals, etc.), and to negotiate with property owners to acquire the additional rights of way needed to complete the Arterial Street Rehabilitation - Avery Road project in an amount up to $750,000.00.
SECTION 6. That the Director of Public Service, or a designee, be and hereby is authorized to execute a construction contract, or a similar instrument, and any amendments or modifications thereto as may be necessary, with Benesch and CSX Transportation Inc. to facilitate the construction of the Arterial Street Rehabilitation - Avery Road project.
SECTION 7. 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 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 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 10. 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.