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 UIRF ‐ Eakin Road SUP project in the Greater Hilltop Planning Area (53). This legislation also seeks to authorize the Director of Public Service, or a designee, to execute agreements with Indiana & Ohio Railway Company (“IORY”), a subsidiary of Genessee & Wyoming, Inc. to facilitate the construction of this project.
The Department of Public Service is engaged in the UIRF ‐ Eakin Road SUP project. This project includes the construction of a new .87 mile shared use path (SUP) beginning at the northeast corner of the S. Wayne Avenue and Eakin Road intersection, connecting to the existing walk, at the southwestern corner of the Eakin Road and Harrisburg Pike intersection. Additional work involves new ADA-compliant sidewalk and the south side of Eakin Road from the existing walk south of S. Wayne Avenue intersection to Hardesty Place W. and from Woodbrook Lane to the proposed SUP crossing at Whitethorne Avenue.
The cost to acquire the right-of-way needed to complete the project is estimated at $800,000.00. 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.
Ord. 2775-2024 authorized the Director of Public Service to submit ODOT Highway Safety Improvement Program project applications and to execute project agreements for awarded projects for the Department of Public Service for the UIRF ‐ Eakin Road SUP project.
Ord. 3123-2024 authorized the Director of Public Service to enter into agreements, including reimbursement, with Indiana & Ohio Railway Company, a subsidiary of Genessee & Wyoming, Inc., relative to the UIRF - Eakin Road SUP project.
The Department of Public Service is currently finalizing construction plans and is prepared to authorize right-of-way acquisition pending passage of this funding legislation.
2. FISCAL IMPACT
Funds in the amounts of $800,000.00 are budgeted and available for this project in Fund 7704, the Streets and Highways Bond Fund. A transfer of funds and amendment to the 2025 Capital Improvement Budget to establish in the appropriate project. Funds are appropriated. Additional funding to support services performed by IORY, LLC owned by Watco Companies LLC may be authorized pursuant to separate legislation.
3. EMERGENCY DESIGNATION
Emergency action is requested to ensure funds are available to get acquisition started so right of way is cleared in time to meet the MORPC timeline for construction and ensure the safety of the traveling public.
Title
To amend the 2025 Capital Improvement Budget; to authorize the City Auditor to transfer funds between projects within the Streets and Highways Bond Fund; to authorize the City Attorney's Office, Real Estate Division, to contract for professional services relative to the acquisition of fee simple title and lesser interests in and to property needed for the UIRF - Eakin Road SUP project; to authorize the City Attorney's Office, Real Estate Division, to negotiate with property owners to acquire the additional rights of way necessary to complete this project; to authorize the expenditure of $800,000.00 from the Streets and Highways Bond Fund to pay for the project; to authorize the Director of Public Service to an agreement and any amendments or modifications thereto as may be necessary, with IORY, LLC owned by Watco Companies LLC to facilitate the construction of the project; and to declare an emergency. ($800,000.00)
Body
WHEREAS, the City of Columbus is engaged in UIRF ‐ Eakin Road SUP project; and
WHEREAS, the project will install a new .87 mile shared use path (SUP) beginning at the northeast corner of the S. Wayne Avenue and Eakin Road intersection, connecting to the existing walk, at the southwestern corner of the Eakin Road and Harrisburg Pike intersection. Additional work involves new ADA-compliant sidewalk and the south side of Eakin Road from the existing walk south of S. Wayne Avenue intersection to Hardesty Place W. and from Woodbrook Lane to the proposed SUP crossing at Whitethorne Avenue; and
WHEREAS, successful completion of this project necessitates the City acquire fee simple title and lesser interests in and to various properties located along the project corridor as additional rights-of-way; and
WHEREAS, right-of-way acquisition costs, including professional services (e.g. surveys, title work, appraisals, etc.), staff and land costs, have been estimated to total $800,000.00; and
WHEREAS, this ordinance authorizes funding in the amount of $800,000.00 for that purpose; and
WHEREAS, it is necessary to authorize an amendment to the 2025 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize a transfer of funds within Fund 7704, the Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; and
WHEREAS, the aforementioned project also requires the consent and cooperation of IORY, LLC owned by Watco Companies LLC, 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 IORY, LLC owned by Watco Companies LLC for that purpose; and
WHEREAS, ODOT Highway Safety Improvement Program grant funds will be used to pay for this project; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend $800,000.00, 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 UIRF ‐ Eakin Road SUP project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the necessary right-of-way acquisition for the project to provide necessary right-of-way acquisition funding in order to complete needed improvements at the earliest possible time and meet the MORPC timeline for construction to ensure the safety of the traveling public, for the immediate 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 2025 Capital Improvements Budget authorized by ordinance 1790-2025 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change / C.I.B. as Amended
7704 / P590105-100481 / Pedestrian Safety - Marion Franklin Sidewalks (Voted Carryover) / $350,000.00/ ($350,000.00) / $0.00
7704 / P590105-100486 / Pedestrian Safety - Billingsley from Shirlington to Dunsworth (Voted Carryover) / $250,000.00/ ($250,000.00) / $0.00
7704 / P590105-100121 / Pedestrian Safety - Kingsford Road Sidewalks (Briggs Rd and Eakin Rd) (Voted Carryover) / $123,417.00/ ($123,417.00) / $0.00
7704 / P590105-100112 / Pedestrian Safety - Refugee Road - Winchester Pike to Hamilton Road (Voted Carryover) / $144,566.00/ ($76,583.00) / $67,983
7704 / P440005-102232 / UIRF Eakin Road SUP (Voted Carryover) / $0.00 / $800,000.00 / $800,000.00
SECTION 2. 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 UIRF ‐ Eakin Road SUP project in an amount up to $800,000.00.
SECTION 3. That the transfer of $350,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100481 (Pedestrian Safety - Marion Franklin Sidewalks), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the transfer of $250,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100486 (Pedestrian Safety - Billingsley from Shirlington to Dunsworth ), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 5. That the transfer of $123,417.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100121 (Pedestrian Safety - Kingsford Road Sidewalks (Briggs Rd and Eakin Rd)), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. That the transfer of $76,583.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P590105-100112 (Pedestrian Safety - Refugee Road - Winchester Pike to Hamilton Road), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF Eakin Rd SUP), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 7. That the expenditure of $800,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highway Bonds Fund ) in Dept-Div 5912 (Design and Construction), Project P440005-102232 (UIRF ‐ Eakin Road SUP), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 8. 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 IORY, LLC owned by Watco Companies LLC to facilitate the construction of the UIRF ‐ Eakin Road SUP project.
SECTION 9. That 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 10. 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 11. 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 12. That at the end of the grant period, any repayment of unencumbered balances required by the grantor is hereby authorized and any unused City match monies may be transferred back to the City fund from which they originated in accordance with all applicable grant agreements.
SECTION 13. 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.