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 - E. Broad Street Widening Phase I project (P530103-100061) in the Far East Planning Area (58).
The Department of Public service is engaged in the Arterial Street Rehabilitation - E. Broad Street Widening project consisting of two phases. The project’s two phases will widen East Broad Street from east of I-270 to Reynoldsburg-New Albany Road. This legislation seeks to authorize expenditures to acquire various property rights for the first phase, which will construct new pavement for the widening and resurfacing of the existing pavement from the I-270 interchange to Outerbelt Street and will also include traffic signal improvements; addition of a shared use path, sidewalk, street lighting, street trees, signal interconnect conduit; and incidental improvements such as drainage, traffic control, sediment and erosion control, water adjustments, and maintenance of traffic.
Ordinance 1428-2021 authorized the appropriation and expenditure of funding in the amount of up to $2,200,000.00 to acquire right-of-way needed to complete the project’s first phase. This ordinance is authorizing an additional $172,000.00 to acquire the right-of-way needed to complete the project’s first phase. 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.
Ordinance 1658-2020 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Mid-Ohio Regional Planning Commission (MORPC) for MORPC Attributable Funding, accepted and expended awarded grant funds, and issued refunds, if necessary, for the Arterial Street Rehabilitation - E. Broad Street Widening Phase I.
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
Funding for the amount of $172,000.00 is available, through the Department of Development, from the Lucent Commercial TIF Fund, Fund 4432. Funds will need to be appropriated in Fund 4432, transferred to the Lucent Commercial TIF Capital Fund, Fund 7432, and then appropriated in Fund 7432. Project expenses will be paid from Fund 7432.
3. EMERGENCY DESIGNATION
Emergency action is requested in order to complete needed right of way transfers to meet the requirements of the start date for the Ohio Department of Transportation funding award to avoid penalty and to ensure the safety of the travelling public.
Title
To appropriate funds within the Lucent Commercial TIF Fund; to transfer funds from the Lucent Commercial TIF to the Lucent Commercial TIF Capital Fund; to appropriate funds within the Lucent Commercial TIF Capital 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 Arterial Street Rehabilitation - E. Broad Street Widening Phase I 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 $172,000.00 from the Lucent Commercial TIF Capital Fund; and to declare an emergency. ($172,000.00)
Body
WHEREAS, the City of Columbus is engaged in the Arterial Street Rehabilitation - E. Broad Street Widening project, which has two phases that will include widening East Broad Street from east of I-270 to Reynoldsburg-New Albany Road; and
WHEREAS, the first phase (P530103-100061) will construct new pavement for the widening and resurfacing of the existing pavement from the I-270 interchange east to Outerbelt Street; 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 1428-2021 authorized $1,320,000.00 within the Federal Transportation Grants Fund and $880,000 within the East Broad Commercial TIF Capital Fund for a total of $2,200,000.00 for that purpose; and
WHEREAS, right-of-way acquisition cost, including professional services (e.g. surveys, title work, appraisals, etc.), staff and land costs, have been estimated to be an additional $172,000.00; and
WHEREAS, additional funding is available within the Lucent Commercial TIF Fund, Fund 4432, through the Department of Development; and
WHEREAS, it is necessary to authorize the City Auditor to appropriate and transfer cash between funds and projects to establish sufficient cash for the project and to appropriate for the expenditure of $172,000.00 within the Lucent Commercial TIF Capital Fund, Fund 7432; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend $172,000.00, or so much thereof as may be necessary, 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 - E. Broad Street Widening Phase I 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 meet the requirements of the start date for the Ohio Department of Transportation funding award to avoid penalty, to prevent unnecessary delays in the Department of Public Service's Capital Improvement Program, and to ensure 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, 2023, the sum of $172,000.00 is appropriated in Fund 4432 (Lucent Commercial TIF Fund), Dept-Div 4402 (Economic Development), in Object Class 10 (Transfer Out) per the account codes in the attachment to this ordinance.
SECTION 2. That the transfer of $172,000.00, or so much thereof as may be needed, is hereby authorized from Fund 4432 (Lucent Commercial TIF Fund), from Dept-Div 4402 (Economic Development) to Fund 7432 (Lucent Commercial TIF Capital Fund), Dept-Div 5912 (Design and Construction) 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, 2023, the sum of $172,000.00 is appropriated in Fund 7432 (Lucent Commercial TIF Capital Fund), Dept-Div 5912 (Design and Construction), Project P530103-100061 (Arterial Street Rehabilitation - E. Broad Street Widening), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. 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 - E. Broad Street Widening Phase I project in an amount up to $172,000.00.
SECTION 5. That the expenditure of $172,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7432 (Lucent Commercial TIF Capital Fund), Dept-Div 5912 (Division of Design and Construction), Project P530103-100061 (Arterial Street Rehabilitation - E. Broad Street Widening), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 6. 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 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 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 9. 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.