Explanation
1. BACKGROUND
This ordinance authorizes additional funds, in an amount up to $30,000.00, to be spent by the City Attorney for expenses associated with acquiring the right-of-way needed for the Cooke Road Culvert Improvements Project, C.I.P. No. 611702-100000.
The City’s Department of Public Utilities (“DPU”) is engaged in the Cooke Road Culvert Improvements Project, C.I.P. No. 611702-100000 (“Public Project”). This project is being undertaken to repair an existing 21-inch corrugated metal storm sewer south of Cooke Rd. at Eastlea Drive and to repair a collapsed 6-inch clay storm sewer along the west property line of 503 E. Cooke Road. DPU is also investigating ways to implement ditch improvements to increase the capture of Cooke Road storm water runoff at the upstream end of the sewer.
The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of East Cooke Road and Overbrook Drive (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.
Ordinance 1634-2023, approved by City Council on 6/26/23, authorized the original funding for the Real Estate acquisition. It is now necessary to add additional funding in order to complete the acquisition of the Real Estate for the Cooke Road Culvert Improvements Project. Exhibits and legal descriptions were attached to the previous ordinance showing the details of the easements and temporary easements planned to be acquired for this project.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funds in the amount of $30,000.00 for this expenditure are available in the Storm Bond Fund, Fund 6204. An amendment to the 2024 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation within the Storm Bond Fund, Fund 6204, is needed to align cash and appropriation with the proper project.
4. EMERGENCY JUSTIFICATION
Emergency action is requested in order to add additional funding to acquire the Real Estate and allow DPU to timely complete the Public Project improvements without unnecessary delay in order to prevent damage to property from flooding during heavy rainstorms, thereby preserving the public peace, health, property, safety and welfare.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate located in the vicinity of East Cooke Road and Overbrook Drive; to contract for associated professional services in order for the Department of Public Utilities to timely complete the acquisition of Real Estate for the Cooke Road Culvert Improvements Project; to amend the 2024 Capital Improvement Budget; to authorize the transfer of cash and appropriation between projects within the Storm Bond Fund; to authorize an expenditure of up to $30,000.00 within the Storm Bond Fund; and to declare an emergency. ($30,000.00)
Body
WHEREAS, the City intends to improve the storm drain infrastructure in the vicinity of East Cooke Road and Overbrook Drive by allowing the Department of Public Utilities (“DPU”) to engage in the acquisition of Real Estate for the Cooke Road Culvert Improvements (“Public Project”); 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 East Cooke Road and Overbrook Drive (“Real Estate”) in order for DPU to complete the Public Project; and
WHEREAS, initial funding in the amount of $110,000.00 was established for the Real Estate acquisition via Ordinance 1634-2023, passed by City Council on 6/26/23; and
WHEREAS, additional funding is needed to complete the Real Estate acquisition; and
WHEREAS, the 2024 Capital Improvement Budget must be amended to align budget authority with the proper project; and
WHEREAS, a transfer of cash and appropriation within the Storm Water Bond Fund, Fund 6204, is needed to align cash and appropriation with the proper project; and
WHEREAS, it is necessary for this Council to authorize the expenditure of up to an additional thirty thousand and 00/100 U.S. Dollars ($30,000.00) from the Storm Bond Fund, Fund 6204; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Utilities in that it is immediately necessary to acquire Real Estate for the Public Project so construction can begin to prevent damage to property from flooding during heavy rainstorms, for the immediate preservation of the public peace, property, health, welfare, and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2024 Capital Improvements Budget authorized by ordinance 1907-2024 be amended to establish sufficient authority for this project:
Fund/Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6204 / P610855-100004 / Joint Storm Sewer Projects with DPS (Voted Storm Carryover) / $88,923.00 / $58,923.00 / ($30,000.00)
6204 / P611702-100000 / Cooke Rd. Culvert Improvements (Voted Storm Carryover) / $0.00 / $30,000.00 / $30,000.00
SECTION 2. That the transfer of $30,000.00 or so much thereof as may be needed, is hereby authorized within Fund 6204 (Storm Water 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 East Cooke Road and Overbrook Drive (“Real Estate”) in order for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Cooke Road Culvert 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 an additional thirty thousand and 00/100 U.S. Dollars ($30,000.00), or as much as may be necessary, from the Storm Sewer Bond Fund, Fund 6204, according to the account codes in the attachment to this ordinance, for a total expenditure of up to $140,000.00 for the Real Estate.
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 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.