Explanation
1. BACKGROUND
This ordinance authorizes funds in the amount of up to $342,000.00 to be spent by the City Attorney for expenses associated with acquiring the right-of-way needed for the Franklinton Stormwater System Improvements Project, C.I.P. No. 610910-100001.
The City’s Department of Public Utilities (“DPU”) is engaged in the Franklinton Area Storm Sewer Rehabilitation project. This project is to rehabilitate the 60-inch brick storm sewer in the Renick Run watershed south of Mound Street that was built in the early 1900’s. Several sections of the sewer needs structural improvement and replacement. The project will rehabilitate approximately 6,000 linear feet of 60-inch storm sewer and replace approximately 2,000 linear feet of 66-inch to 72-inch storm sewer.
DPU needs to acquire real estate for the Franklinton Stormwater System Improvements Project. The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of the west side of Mt. Calvary Avenue, Greenfield Drive, and Harmon Avenue between West Mound Street and Emig Road (collectively, “Real Estate”) in order for DPU to complete the Public Project. Accordingly, DPU requested the City Attorney to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.) in order for DPU to timely complete the Public Project.
Exhibits are attached to this Ordinance showing the details of fifteen (15) permanent easements and thirteen (13) temporary easements to be acquired for this project.
The property to be acquired is located in Columbus Community 54 - Franklinton.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funding in the amount of $342,000.00 is available and appropriated in the Storm Bond Fund, Fund 6204. An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation within the Storm Bond Fund is also need to align cash and appropriation with the proper project.
4. EMERGENCY DESIGNATION
Emergency action is requested in order to acquire the Real Estate and allow DPU to timely complete the Public Project improvements before the sewer system experiences structural failure resulting in street and basement flooding and storm water overflow into the sanitary sewer system.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate needed to complete the Franklinton Stormwater System Improvements Project, and to contract for associated professional services for the acquisition; to authorize an amendment to the 2025 Capital Improvement Budget; to authorize the transfer of cash and appropriation between projects within the Storm Bond Fund; to authorize the expenditure of up to $342,000.00 from the Storm Bond Fund; and to declare an emergency. ($342,000.00)
Body
WHEREAS, the City’s Department of Public Utilities (“DPU”) is engaged in the Franklinton Area Storm Sewer Rehabilitation project; and
WHEREAS, this project is to rehabilitate the approximately 6,000 linear feet of 60-inch storm sewer and replace approximately 2,000 linear feet of 66-inch to 72-inch storm sewer; and
WHEREAS, right-of-way must be acquired so the project can be constructed; and
WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple and lesser real estate located in the vicinity of the west side of Mt. Calvary Avenue, Greenfield Drive, and Harmon Avenue between West Mound Street and Emig Road (“Real Estate”) in order for DPU to complete the Public Project; and
WHEREAS, the City Attorney may need to spend City funds to contract for associated professional services (e.g. surveys, title work, appraisals, etc.) to acquire the Real Estate; and
WHEREAS, the 2025 Capital Improvement Budget must be amended to align budget authority with the proper project; and
WHEREAS, cash and appropriation must be transferred between projects within the Storm Bond Fund, Fund 6204, to align cash and appropriation with the proper project; and
WHEREAS, it is necessary for this Council to authorize the expenditure of up to three hundred forty two thousand and 00/100 U.S. Dollars ($342,000.00) from the Storm Bond Fund, Fund 6204, to acquire this Real Estate; and
WHEREAS, an emergency exists in the usual daily operation of DPU in that it is immediately necessary to authorize this acquisition to timely complete the Public Project improvements before the storm system experiences structural failure resulting in street and basement flooding and storm water overflow into the sanitary sewer system, for the immediate preservation of the public peace, property, health, welfare, and safety; and 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 budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6204 / 610990-100000 / North Central Area Wide Storm Sys (Voted Storm Carryover) / $9,884.00 / $50,294.00 / $40,410.00 (to match cash)
6204 / 611700-100000 / Bethel Road Culvert (Voted StormCarryover) / $0.00 / $15,237.00 / $15,237.00 (to match cash)
6204 / 610762-102019 / General Engineering Services - Storm - 2019 (Voted Storm Carryover) / $0.00 / $188,994.00/ $188,994.00 (to match cash)
6204 / 610782-100000 / Linworth Rd Meeklynn Dr Storm Sewer (Voted StormCarryover) / $0.00 / $42,290.00 / $42,290.00 (to match cash)
6204 / 611031-100000 / ST-21, ST-22, ST-23 Improvements (Voted Storm Carryover) / $0.00 / $114.00 / $114.00 (to match cash)
6204 / 610762-102019 / General Engineering Services - Storm - 2019 (Voted Storm Carryover) / $188,994.00 / $0.00 / ($188,994.00)
6204 / 610769-100000 / Moler Road Stormwater System Imps (Voted Storm Carryover) / $15,651.00 / $0.00 / ($15,651.00)
6204 / 610782-100000 / Linworth Rd Meeklynn Dr Storm Sewer (Voted StormCarryover) / $42,290.00 / $0.00 / ($42,290.00)
6204 / 610805-100000 / Rathbone Avenue Stormwater System Improvements (Voted Storm Carryover) / $17,047.00 / $0.00 / ($17,047.00)
6204 / 610990-100000 / North Central Area Wide Storm Sys (Voted Storm Carryover) / $50,294.00 / $0.00 / ($50,294.00)
6204 / 611010-100000 / Holt Avenue / Somersworth Drive Stormwater System Improvements (Voted Storm Carryover) / $86.00 / $0.00 / ($86.00)
6204 / 611031-100000 / ST-21, ST-22, ST-23 Improvements (Voted Storm Carryover) / $114.00 / $0.00 / ($114.00)
6204 / 611700-100000 / Bethel Road Culvert (Voted Storm Carryover) / $15,237.00 / $0.00 / ($15,237.00)
6204 / 611711-100000 / Thurston Grimsby Storm Sewer Improvements Project (Voted Storm Carryover) / $12,393.00 / $103.00 / ($12,290.00)
6204 / 610910-100001 / Franklinton Stormwater System Improvements Project (Voted Storm Carryover) / $0.00 / $342,000.00 / $342,000.00
SECTION 2. That the transfer of $342,000.00, or so much thereof as may be needed, is hereby authorized within Fund 6204 (Storm Bond Fund) per the account codes in the attachment to this ordinance.
SECTION 3. That the City Attorney is authorized to acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of the west side of Mt. Calvary Avenue, Greenfield Drive, and Harmon Avenue between West Mound Street and Emig Road (“Real Estate”) in order for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Franklinton Stormwater System Improvements Project (“Public Project”).
SECTION 4. That the City Attorney is authorized to contract for professional services (e.g. surveys, title work, appraisals, etc.) associated with the Real Estate’s acquisition for the Public Project.
SECTION 5. That the City Attorney, in order to exercise the authority described in Sections Three and Four of this ordinance, is authorized to spend up to three hundred forty two thousand and 00/100 U.S. Dollars ($342,000.00), or as much as may be necessary, from the Storm Bond Fund, Fund 6204, according to the account codes in the attachment to this ordinance.
SECTION 6. 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 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 this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.