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File #: 1570-2011    Version: 1
Type: Ordinance Status: Passed
File created: 9/19/2011 In control: Public Service & Transportation Committee
On agenda: 10/3/2011 Final action: 10/5/2011
Title: To authorize the establishment of a $100,000.00 contingency fund for the purpose of paying for the acquisition of miscellaneous minor parcels of permanent and temporary right-of-way needed for various projects within the City; to authorize the City Attorney's, Real Estate Division, to hire professional services, negotiate with property owners and expend those funds necessary to acquire such parcels as they are identified; and to declare an emergency. ($100,000.00)
Explanation
1.  BACKGROUND
The City of Columbus, Department of Public Service, Division of Design & Construction, frequently must acquire minor parcels of permanent and temporary right-of-way for random projects within the City.  To expedite the right-of-way acquisition process the following legislation establishes a contingency fund, in the amount of $100,000.00, to be used by the City Attorney's Real Estate Division to hire professional services, negotiate with property owners and acquire such parcels as they are identified.
2.  FISCAL IMPACT
Funds are budgeted and available in the Street and Highway Improvement Fund to establish a contingency fund that will be used by the City Attorney's Office, Real Estate Division, to acquire miscellaneous small parcels of right-of-way needed for the successful completion of various projects throughout the City.
3.  EMERGENCY DESIGNATION
Emergency action is requested so establishment of the necessary fund can proceed without delay allowing for acquisition related activities to begin immediately upon identification of necessary parcels.
Title
To authorize the establishment of a $100,000.00 contingency fund for the purpose of paying for the acquisition of miscellaneous minor parcels of permanent and temporary right-of-way needed for various projects within the City; to authorize the City Attorney's, Real Estate Division, to hire professional services, negotiate with property owners and expend those funds necessary to acquire such parcels as they are identified; and to declare an emergency.  ($100,000.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Design & Construction, frequently must acquire minor parcels of permanent and temporary right-of-way for various projects within the City; and
WHEREAS, to expedite the right-of-way acquisition process the following legislation establishes a contingency fund, in the amount of $100,000.00, to be used by the City Attorney's Real Estate Division to hire professional services, negotiate with property owners and acquire such parcels as they are identified; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design & Construction, in that it is immediately necessary to establish a contingency fund that will enable the City Attorney's Office, Real Estate Division, to contract for professional services, to negotiate with property owners and to acquire minor parcels of permanent and temporary right-of-way for random projects throughout the City immediately upon identification of necessary parcels for the preservation of 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 City Attorney's Office, Real Estate Division, be and is hereby authorized to acquire minor parcels of permanent and temporary right-of-way for various projects throughout the City as such parcels are identified.
SECTION 2.  That the 2011 Capital Improvement Budget Authorized by ordinance 0266-2011 be amended as follows to provide sufficient authority for this purchase as follows:
Fund / Project / Project Name / Current C.I.B. Amount / Amendment / Amended C.I.B.
766 / 766999-100000 / Unallocated Balance (Street & Highway Carryover) / $834,615.00 / ($100,000.00) / $734,615.00
766 / 530161-100072  /  Roadway Improvements - Miscellaneous ROW (Street & Highway Carryover) / $0.00 / $100,000.00 / $100,000.00
SECTION 3.  That the sum of $100,000.00 is hereby appropriated within the Street and Highway Improvement Fund, No. 766, Dept./Div. 59-11, Project 766999-100000, O.L. 01-03 Codes 06-6600, OCA Code 766999-100000.
SECTION 4.  That the transfer of cash and appropriation within the Street and Highway Improvement Fund, No. 766, be authorized as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 766999-100000 / Unallocated Balance / 06-6600 / 766999 / $100,000.00
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 530161-100072 / Roadway Improvements -  Miscellaneous ROW / 06-6601 / 766172 / $100,000.00
 
SECTION 5.  That the City Attorney be and is hereby authorized to expend $100,000.00, or so much thereof as may be necessary from Fund 766, the Street and Highway Improvement Fund, 530161-100072, Miscellaneous Right of Way Acquisition,  Dept-Div 59-12, Division of Design & Construction, O.L. 01-03 Codes 06-6601, OCA Code 766172,  for this purpose.
SECTION 6.  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 7.  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.