Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, Division of Design and Construction, is engaged in the Morse Road Improvement project. The purpose of this project is to create a gateway into the Northland community by controlling vehicular access and circulation, enhancing landscaping, upgrading lighting and providing pedestrian access to the businesses and amenities located along the Morse Road corridor between Indianola Avenue and Cleveland Avenue. Improvements contemplated by this project are a landscaped median, curb and gutters, street trees, sidewalks, improved streetlights and traffic signals and pedestrian crossing upgrades at intersections.
This project was divided into two phases, Phase 1 from Indianola Avenue to Karl Road and Phase 2 from Karl Road to Cleveland Avenue. Phase 1 acquisitions and construction are complete. The City is currently finalizing right-of-way acquisitions and construction has begun for Phase 2. Ordinance 1763-2005 (AC025198-002) authorized the expenditure of $1,000,000.00 in preliminary funding for Phase 2 acquisition related activities. Ordinance 0363-2007 (AC026907) authorized the expenditure of an additional $300,000.00 to continue the acquisition process. The remaining balance of these two (2) Auditor's Certificates totals approximately $140,000.00. The City Attorney's Real Estate Division staff is finalizing acquisition related activities, including the settlement of five (5) lawsuits associated with this project. At this time, the City's total settlement obligation for these lawsuits is $1,166,793.87; of this amount, $405,191.00 was previously deposited with the Franklin County Clerk of Courts. An additional $622,000.00, for settlement purposes, plus an additional $30,000.00 for court costs, minor relocation costs and staff costs will be needed to allow finalization of right-of-way acquisition for this phase. The following legislation authorizes the expenditure of an additional $652,000.00 for this purpose.
2. Fiscal Impact
Monies to pay for these costs are available within the Streets and Highways G.O. Bonds Fund due to cancellation of encumbrances from completed projects. These funds will be transferred to the Morse Road Phase 2 Grant in the Fed State Highway Engineering Fund and be expended from there.
3. Emergency Justification
Failure to place court ordered settlement funds on deposit with the court system in a timely manner can result in the assessment of penalties and interest therefore emergency action is requested to allow the City Attorney's Real Estate Division to place court ordered settlement funds on deposit with the Franklin County Clerk of courts as soon as possible
Title
To authorize the expenditure of $652,000.00 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to complete acquisition of those remaining parcels needed for Phase 2 of the Morse Road Improvement project from the Fed-State Highway Engineering Fund; and to declare an emergency. ($652,000.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Design and Construction, is engaged in the Morse Road Improvement project; and
WHEREAS, the purpose of this project is to create a gateway into the Northland community by controlling vehicular access and circulation, enhancing landscaping, upgrading lighting and providing pedestrian access to the businesses and amenities located along the Morse Road corridor between Indianola Avenue and Cleveland Avenue; and
WHEREAS, improvements contemplated by this project are a landscaped median, curb and gutters, street trees, sidewalks, improved streetlights and traffic signals and pedestrian crossing upgrades at intersections; and
WHEREAS, this project was divided into two phases, Phase 1 from Indianola Avenue to Karl Road and Phase 2 from Karl Road to Cleveland Avenue; and
WHEREAS, Phase 1 acquisitions and construction are complete; and
WHEREAS, the City is currently finalizing right-of-way acquisitions and construction has begun for Phase 2; and
WHEREAS, Ordinance 1763-2005 (AC025198-002) authorized the expenditure of $1,000,000.00 in preliminary funding for Phase 2 acquisition related activities; Ordinance 0363-2007 (AC026907) authorized the expenditure of an additional $300,000.00 to continue the acquisition process; and
WHEREAS, the remaining balance of these two (2) Auditor's Certificates totals approximately $140,000.00; and
WHEREAS, the City Attorney's Real Estate Division staff is finalizing acquisition related activities, including the settlement of five (5) lawsuits associated with this project; and
WHEREAS, at this time, the City's total settlement obligation for these lawsuits is $1,166,793.87; of this amount, $405,191.00 was previously deposited with the Franklin County Clerk of Courts; and
WHEREAS, an additional $622,000.00, for settlement purposes, plus an additional $30,000.00 for court costs, minor relocation costs and staff costs will be needed to allow right-of-way acquisition to be finalized for this phase of the project; and
WHEREAS, the following legislation authorizes the expenditure of an additional $652,000.00 from the Fed State Highway Engineering Fund to complete right-of-way acquisition associated with this phase of the project; and
WHEREAS, failure to place court ordered settlement funds on deposit in a timely manner can result in the assessment of penalties and interest by the court system; 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 authorize the expenditure of the additional funds needed to pay for acquisition related expenses associated with Phase 2 of this project thereby avoiding the assessment of penalties and interest and preserving the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the 2008 Capital Improvements Budget established within ordinance 0690-2008 be and hereby is amended due to cancellations as follows:
Project Number / Project / Current CIB Amount / Amendment Amount / CIB Amount
530103-100000 / Arterial Street Rehabilitation (Carryover) / $1,625,727.00 (Carryover) / $235,643.00 (Carryover) / $1,861,370.00 (Carryover)
Section 2. That the 2008 Capital Improvements Budget established within ordinance 0690-2008 be and hereby is amended to provide sufficient funding for this project as follows:
Project Number / Project / Current CIB Amount / Amendment Amount / CIB Amount
530208-100000 / Fed-State Match (Carryover) / $5,171,563.00 (Carryover) / ($503,432.00) (Carryover) / $4,668,131.00 (Carryover)
530103-100000 / Arterial Street Rehabilitation (Carryover) / $1,861,370.00 (Carryover) / ($148,569.00) (Carryover) / $1,712,801.00 (Carryover)
530052-100000 / Morse Road Improvements (Carryover) / $5,000,000.00 (Carryover) / $652,000.00 / $5,652,000.00 (Carryover)
Section 3. To appropriate $503,431.11 within the Streets and Highways G.O. Bonds fund as follows:
Fund / Project # / Project / O.L. 01-03 Codes / OCA Code / Amount
704 / 530208 / Fed-State Match / 10-5501 / 590047 / $503,431.11
Section 4. To move cash and appropriation between projects within Fund 704, the Streets & Highways G.O. Bond Fund as follows:
FROM:
Fund / Project # / Project / O.L. 01-03 Codes / OCA Code / Amount
704 / 530208 / Fed-State Match / 10-5501 / 590047 / $503,431.11
704 / 530103 / Arterial Street Rehabilitation / 06-6600 / 590041 / $148,568.89
TO:
Fund / Project # / Project / O.L. 01-03 Codes / OCA Code
704 / 530052 / Morse Road Improvements / 10-5501 / 591250 / $652,000.00
Section 5. To authorize the transfer of funds between the Streets and Highways G.O. Bonds Fund and the Fed-State Highway Engineering Fund as follows:
FROM:
Fund / Project # / Project / O.L. 01-03 Codes / OCA Code
704 / 530052 / Morse Road Improvements / 10-5501 / 591250 / $652,000.00
TO:
Fund / Grant# / Grant / O.L. 01-03 Codes / OCA Code / Amount
765 / 596009 / Morse Road Phase 2 / 80-0886 / 591293 / $652,000.00
Section 6. That the City Attorney's Office, Real Estate Division, be and is hereby authorized to appropriate and expend $652,000.00, or so much thereof as may be necessary from the Fed-State Highway Engineering Fund as follows: Project 596009; Department/Division 59-12; O.L. 01-03 Codes 06-6601; OCA Code 591293; to pay those costs relative to the acquisition of right-of-way required for Phase 2 of the Morse Road Improvement Project.
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 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.