Explanation
1. BACKGROUND
This ordinance authorizes the City’s Real Estate Office to acquire the Real Estate needed for the Department of Public Utilities to complete the Central College Subtrunk Phase 3 project, C.I.P. No. 650033-100003, and to expend up to $30,000.00 more than amounts already authorized to be spent for this acquisition.
The City’s Department of Public Utilities (“DPU”) is engaged in acquiring real estate for the Central College Subtrunk Phase 3, C.I.P. No. 650033-100003 (“Public Project”). The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of the intersection of Central College Road and New Albany Road West (collectively, “Real Estate”) for DPU to complete the Public Project. Accordingly, DPU requested the City’s Real Estate Office 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.
The amount needed to acquire real estate when an ordinance is submitted for City Council approval is an estimate. Ordinance 3428-2018, passed by City Council on 01/28/19, authorized the expenditure of up to $325,000.00 to acquire the Real Estate needed to complete this Public Project. This initial estimate was not sufficient to complete the acquisition. Ordinance 0159-2021, passed by City Council on 02/01/21, authorized up to an additional $500,000.00 to acquire the needed Real Estate. This additional estimated amount also was not enough to complete the acquisition. Ordinance 1927-2021, passed by City Council on 07/26/21, authorized up to $100,000.00 in additional funds to complete the acquisition. The acquisition of the needed Real Estate is now nearly complete. This ordinance is requesting an additional $30,000.00 to finalize the acquisition.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funding in the amount of $30,000.00 is available and appropriated in the Sanitary Bond Fund, Fund 6109. An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation between projects within the Sanitary Bond Fund, Fund 6109, is needed to align cash and appropriation with the proper project.
4. EMERGENCY DESIGNATION
Emergency designation is requested to allow the extension of the sanitary subtrunk sewer project to begin as soon as possible to provide service to developing areas in the City of Columbus. It will also create environmental benefits by providing new sanitary service to areas that are currently served via home sanitary treatment systems which can leach sewerage into the ground and nearby streams in the project area, complying with Ohio Environmental Protection Agency requirements.
Title
To authorize the City’s Real Estate Office to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate located in the vicinity of the intersection of Central College Road and New Albany Road West, and contract for associated professional services in order for the Department of Public Utilities to timely complete the acquisition of Real Estate for the Central College Subtrunk Phase 3 project; to authorize an amendment to the 2025 Capital Improvement Budget; to authorize a transfer of cash and appropriation between projects within the Sanitary Bond Fund; to authorize the expenditure of up to $30,000.00 from the Sanitary Bond Fund; and to declare an emergency. ($30,000.00)
Body
WHEREAS, the City intends to improve the sewer infrastructure in the vicinity of Central College Road and Harlem Road, Columbus, Ohio 43081, by allowing the Department of Public Utilities (“DPU”) to engage in the acquisition of Real Estate for the Central College Subtrunk Phase 3 Project (CIP 650033-100003) (“Public Project”); and
WHEREAS, the City intends for the City’s Real Estate Office to acquire in good faith and accept the necessary fee simple and lesser real estate located in the vicinity of the intersection of Central College Road and New Albany Road West (“Real Estate”) in order for DPU to complete the Public Project; and
WHEREAS, the City intends for the City’s Real Estate Office to spend City funds to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.); and
WHEREAS, Ordinance 3428-2018, passed by City Council on 01/28/19, authorized the expenditure of up to $325,000.00 to acquire the Real Estate needed to complete this Public Project; and
WHEREAS, this initial estimate was not sufficient to complete the acquisition so Ordinance 0159-2021, passed by City Council on 02/01/21, authorized up to an additional $500,000.00 to acquire the needed Real Estate; and
WHEREAS, this additional estimated amount also was not enough to complete the acquisition so Ordinance 1927-2021, passed by City Council on 07/26/21, authorized up to $100,000.00 in additional funds to complete the acquisition; and
WHEREAS, an additional $30,000.00 in funding is needed to complete the Real Estate purchase; and
WHEREAS, the 2025 Capital Improvement Budget must be modified to align budget authority with the proper project; and
WHEREAS, a transfer of cash and appropriation between projects within the Sanitary Bond Fund, Fund 6109, 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 thirty thousand and 00/100 U.S. Dollars ($30,000.00) from the Sanitary Bond Fund, Fund 6109, to acquire this Real Estate; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to authorize this acquisition in order to begin the extension of the sanitary subtrunk sewer project as soon as possible to provide service to developing areas in the City of Columbus. and create environmental benefits by providing new sanitary service to areas that are currently served via home sanitary treatment systems which can leach sewerage into the ground and nearby streams in the project area, complying with Ohio Environmental Protection Agency requirements, thereby preserving 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 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
6109 / 650725-100028 / Westside Trunk Rehab Phase 2 (Voted Sanitary Carryover) / $100,000.00 / $70,000.00 / ($30,000.00)
6109 / 650033-100003 / Central College Subtrunk Phase 3 (Voted Sanitary Carryover) / $0.00 / $30,000.00 / $30,000.00
SECTION 2. That the City’s Real Estate Office is authorized to acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of the intersection of Central College Road and New Albany Road West (“Real Estate”) in order for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Central College Subtrunk Phase 3 project (“Public Project”).
SECTION 3. That the City’s Real Estate Office 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 4. That the transfer of $30,000.00, or so much thereof as may be needed, is hereby authorized within the Sanitary Bond Fund, Fund 6109, per the accounting codes in the attachment to this ordinance.
SECTION 5. That the City’s Real Estate Office, in order to exercise the authority described in Sections Two (2) and Three (3) of this ordinance, is authorized to spend thirty thousand and 00/100 U.S. Dollars ($30,000.00), or as much as may be necessary, in addition to the funds already authorized by previous ordinances to be spent for this acquisition, from the Sanitary Bond Fund, Fund 6109, 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.