Explanation
1. BACKGROUND
The purpose of this legislation is to authorize the issuance of refunds representing the unspent balance of monies deposited to support the construction of certain infrastructure improvements in conjunction with the Roadway Improvements - Scioto Peninsula project, formerly known as Roadway - Scioto Peninsula Roadway Improvements Phase 1.
The aforementioned project encompasses the full depth reconstruction of Capital Street, Rush Alley, State Street, and Chapel Street from Starling Street to Belle Street and Starling Street and Belle Street from Broad Street to Town Street. As part of that effort, the City agreed to construct, or to cause to be constructed, certain additional improvements benefiting private developments within the project limits. The construction of the additional improvements was supported by monies contributed by Flaherty & Collins Properties, the Daimler Group Inc., the River South Authority, and the Scioto Peninsula New Community Authority pursuant to Ordinance 1959-2020.
Construction of that project is substantially complete, and Department of Public Service staff recently determined refunds of varying amounts are owed to three of those entities: Flaherty & Collins Properties, the Daimler Group Inc., and the Scioto Peninsula New Community Authority. This legislation seeks to facilitate the issuance of the aforementioned refunds, which total $69,049.15.
2. FISCAL IMPACT
Funding in the amount of $69,049.15 is available in Fund 7766 Street and Highway Improvements (Non-Bond) Fund to support the necessary expenditures.
3. EMERGENCY JUSTIFICATION
Emergency action is requested in order to facilitate the return of unused developer-deposited construction funding to the entities to which those funds are owed within the next 60 days.
Title
To authorize the City Auditor to appropriate $69,049.15 within the Street & Highway Improvements Non-Bond Fund; to authorize the Director of Public Service to refund the unspent balance of developer-deposited construction funding for the Roadway Improvements - Scioto Peninsula project; to authorize the expenditure of $69,049.15 from the Street & Highway Improvements Non-Bond Fund; and to declare an emergency. ($69,049.15)
Body
WHEREAS, the Department of Public Service is administering the Roadway Improvements - Scioto Peninsula project, formerly known as Roadway - Scioto Peninsula Roadway Improvements Phase 1, which encompasses the full depth reconstruction of Capital Street, Rush Alley, State Street, and Chapel Street from Starling Street to Belle Street and Starling Street and Belle Street from Broad Street to Town Street; and
WHEREAS, the City agreed to construct, or to cause to be constructed, certain additional improvements at the behest of developers and property owners within the project limits; and
WHEREAS, Ordinance 1959-2020 authorized the Director of Public Service to execute contribution agreements with and to accept funding from Flaherty & Collins Properties, the Daimler Group Inc., the River South Authority, and the Scioto Peninsula New Community Authority to support the construction of the additional improvements; and
WHEREAS, construction of the project is substantially complete, and the Division of Design and Construction recently determined refunds of varying amounts are owed to Flaherty & Collins Properties, the Daimler Group Inc., and the Scioto Peninsula New Community Authority; and
WHEREAS, this legislation authorizes the return of the total sum of $69,049.15 to those entities; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in it is immediately necessary to authorize the Director to refund Flaherty & Collins Properties, the Daimler Group Inc, and the Scioto Peninsula New Community Authority and to facilitate the return of unused developer-deposited construction funding to the entities to which those funds are owed within the next 60 days, 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 ending December 31, 2024, the sum of $69,049.15 is appropriated in Fund 7766 Street and Highway Improvements (Non-Bond) Fund, Dept-Div 59-12 (Division of Design and Construction), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 2. That the Director of Public Service hereby is authorized to refund the total sum of $69,049.15, which represents the unspent balance of monies previously deposited with the City to support the completion of the Roadway Improvements - Scioto Peninsula project as follows: $51,902.91 to the Scioto Peninsula New Community Authority; $16,040.38 to Flaherty & Collins Properties; and $1,105.86 to the Daimler Group Inc.
SECTION 3. That the expenditure of $69,049.15, or so much thereof as may be needed, is hereby authorized in Fund 7766 (Street & Highway Improvements Non-Bond Fund), Dept-Div 59-12 (Division of Design and Construction), Project P530161-100151 (Roadway Improvements - Scioto Peninsula), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. 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 6. 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 7. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is 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 (10) days after its passage if the Mayor neither approves nor vetoes the same.