Explanation
1. BACKGROUND
This ordinance authorizes: 1) the Director of Public Service to enter into agreements with Easton Town Center II, LLC (Easton Town Center) relative to the completion of Resurfacing - 2022 Project 1, and 2) to accept contributions from Easton Town Center relative to that effort; 3) the City Auditor to appropriate funds received from Easton Town Center for Resurfacing - 2022 Project 1 and to establish Auditor Certificates as needed to expend the funds; 4) the Director of Public Service to expend funds received from Easton Town Center for Resurfacing - 2022 Project 1, and 5) to provide a refund, as necessary, to Easton Town Center after final accounting has been performed or after the Department of Public Service, Division of Design and Construction, certifies that any funds remaining on deposit are no longer needed for the project and can be refunded.
Resurfacing - 2022 Project 1 encompasses repairing 96 City streets and constructing 396 ADA curb ramps along those streets. As part of that effort, the Department of Public Service has agreed to install ADA curb ramps and pavement markings at four intersections adjacent to Easton Town Center:
• Easton Loop and Charter Oak Way
• Easton Loop and Easton Station
• Easton Loop and Townsfair Way
• Easton Loop and Worth Avenue
Easton Town Center will contribute funding to defray construction and inspection costs incurred during the completion of improvements for these intersections.
2. FISCAL IMPACT
Based on preliminary cost estimates, Easton Town Center has agreed to deposit $30,682.00 with the City to support its share of anticipated construction and inspection costs incurred during the completion of Resurfacing - 2022 Project 1, with the understanding that the actual amount owed for that work may vary based on final quantities and costs. An amendment to the 2021 Capital Improvement Budget and the appropriation of $30,682.00 within the Street & Highway Improvement Non-Bond Fund are necessary for the purpose of providing sufficient budget authority, cash, and appropriation for this expenditure and any related future expenditures. If the funds deposited by Easton Town Center exceed the amount needed for its proportionate share construction and inspection costs, the remaining funds will be refunded.
3. EMERGENCY DESIGNATION
Emergency action is requested to authorize the Director of Public Service to execute any and all necessary agreements with Easton Town Center as soon as reasonably practicable to prevent delays in the completion of Resurfacing - 2022 Project 1.
Title
To amend the 2021 Capital Improvement Budget; to appropriate the monies received from Easton Town Center II, LLC (Easton Town Center) to defray construction and inspection costs incurred relative to Resurfacing - 2022 Project 1; to authorize the Director of Public Service to enter into agreements with and to accept contributions from Easton Town Center for that purpose; to authorize the expenditure of up to $30,682.00 from the Street & Highway Improvement Non-Bond Fund; to authorize the issuance of a refund, if needed, to Easton Town Center of any unexpended project funding; and to declare an emergency. ($0.00)
Body
WHEREAS, the Department of Public Service is administering Resurfacing - 2022 Project 1, culminating in the repair of 96 City streets and the construction of 396 ADA curb ramps; and
WHEREAS, improvements are planned to be made to four intersections adjacent to Easton Town Center; and
WHEREAS, Easton Town Center has agreed to fund the anticipated construction and inspection costs incurred during the completion thereof; and
WHEREAS, this ordinance authorizes the Director of Public Service to enter into agreements with and to accept funding from Easton Town Center for that purpose; and
WHEREAS, the 2021 Capital Improvement Budget must be amended to reflect the receipt of said funds; and
WHEREAS, it also is necessary to appropriate the funds deposited by Easton Town Center and to establish an ACPO to allow for the expenditure of the same; and
WHEREAS, it may be necessary to return any unexpended funds to Easton Town Center after final accounting has been performed or after the Department of Public Service, Division of Design and Construction, certifies that any funds remaining on deposit are no longer needed for the 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 Director of Public Service to execute any and all necessary agreements with Easton Town Center as soon as reasonably practicable to prevent delays in the completion of Resurfacing - 2022 Project 1, thereby preserving 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 2021 Capital Improvement Budget authorized by Ordinance 2707-2021 be and is hereby amended to provide sufficient budget authority for the appropriate project authorized within this ordinance as follows:
Fund / Project / Project Name / Current / Change / Amended
7766 / P530282-912022 / Resurfacing - 2022 Project 1 (Street and Highway Imp Carryover) / $0.00 / $30,682.00 / $30,682.00 (to match cash)
SECTION 2. 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, 2022, the sum of $30,682.00 is appropriated in Fund 7766 (Street & Highway Improvement Non-Bond Fund), Dept-Div 5912 (Design and Construction), Project P530282-912022 (Resurfacing - 2022 Project 1), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Service be and hereby is authorized to enter into agreements with and to accept contributions from Easton Town Center II, LLC to defray construction and inspection costs incurred during the completion of Resurfacing - 2022 Project 1.
SECTION 4. That the expenditure of $30,682.00, or so much thereof as may be needed, is hereby authorized in Fund 7766 (Street & Highway Improvement Non-Bond Fund), Dept-Div 5912 (Design and Construction), Project P530282-912022 (Resurfacing - 2022 Project 1), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 5. That any unused funds deposited with the City by Easton Town Center relative to Resurfacing - 2022 Project 1 may be refunded thereto upon completion of final accounting for the project or when the Department of Public Service determines the remaining funds are no longer needed.
SECTION 6. 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 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.