Explanation
BACKGROUND: The purpose of this legislation is to authorize the appropriation and transfer of $88,000 from the Special Income Tax Fund, Fund No. 430, to the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund 553 and to authorize the Director of Public Utilities to enter into a contract for the installation of a street lighting system with underground wiring under the assessment procedure. Property owners have submitted a petition for a high pressure sodium street lighting system with ornamental poles and underground wiring for the Brookshire Park area. This legislation also authorizes the transfer of funds from the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund into the Street Lighting Assessment Fund for the City's share in the cost of installing the street lighting system.
The Brookshire Park area includes: Regina Avenue from Richardson Avenue to and including parcel numbers 010-097930 and 010-097931, Richardson Avenue from Eakin Road to St. Joseph Avenue, Bernadette Road from Richardson Avenue to Warren Avenue, Warren Avenue from Regina Avenue to St. Joseph Avenue, St. Joseph Avenue from Racine Avenue to Richardson Avenue, St. Cecelia Drive from Briggs Road to Rosedale Avenue, Schurtz Avenue from St. Cecelia Drive to Bronwyn Avenue, St. Jude Avenue from Rosedale Avenue to St. Matthew Avenue, Bronwyn Avenue from Briggs Road to St. Joseph Avenue, St. Matthew Avenue from Schurtz Avenue to Rosedale Avenue, St. Agnes Avenue from Parma Avenue to Rosedale Avenue, Parma Avenue from Briggs Road to Rosedale Avenue and Rosedale Avenue from Bellflower Avenue to St. Cecelia Avenue. Resolution Number 195X-02, adopted November 4, 2002, authorized the preparation of plans and specifications. Emergency legislation of necessity, Resolution Number 061X-03 was adopted March 31, 2003. Ordinance Number 1995-2003, determining to proceed, was passed September 22, 2003.
Expenditures include the following:
Construction Cost 309,659.76
Inspection 27,560.00
D.O.E. Engineering/Construction 20,000.00
Notices and Invoices (Reimburse D.O.E.) 3,120.36
Miscellaneous 18,559.88
Interest Expense
($299,000 x 2.15% x 15 months) 8,100.00
$387,000.00
All of the above stated costs are estimates except the construction costs that are based upon bids received and opened by the Director of Public Utilities on March 31, 2004.
Four responsive bids were received from three majority business enterprises and one female business enterprise, as follows:
U. S. Utility Contractor Co. (F1) $309,659.76
Jess Howard Electric 312,256.35
Complete General Construction 347,214.53
The Davis Co. 358,783.68
The engineer's estimate for the project construction was $343,268.94.
The Division of Electricity recommends an award to U.S. Utility Contractor Company, a female business enterprise, in the amount of $309,659.76, as the lowest responsive and responsible bid received. Their Contract Compliance Number is 341606689.
Emergency action is requested due to citizens' approved petition for a timely implementation of construction services.
FISCAL IMPACT: The determined amount to be paid for the City's share under the assessment procedure is $88,000.00. It is necessary to transfer $88,000.00 from the Special Income Tax Fund into the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund 553 for the City's share. This method of funding is a temporary measure until the City sells notes or bonds to fund this capital improvement project.
Title
To authorize the City Auditor to transfer $88,000.00 from the Special Income Tax Fund to the Voted Street Lighting and Electricity Distribution Improvements Fund; to authorize the appropriation of said funds; to authorize the transfer of $88,000.00 from the Voted Street Lighting and Electricity Distribution Improvements Fund to provide funding for the City's share in the cost of installing the street lighting system; to authorize the Director of Public Utilities to enter into a contract with U.S. Utility Contractor Company for the installation of a street lighting system with underground wiring in the Brookshire Park area under the assessment procedure; to authorize the expenditure of $387,000.00 from the Street Lighting Assessment Fund; and to declare an emergency. ($387,000.00)
Body
WHEREAS, property owners have submitted a petition for a high pressure sodium street lighting system with ornamental poles and underground wiring in the Brookshire Park area; and
WHEREAS, the Brookshire Park area includes Regina Avenue from Richardson Avenue to and including parcel numbers 010-097930 and 010-097931, Richardson Avenue from Eakin Road to St. Joseph Avenue, Bernadette Road from Richardson Avenue to Warren Avenue, Warren Avenue from Regina Avenue to St. Joseph Avenue, St. Joseph Avenue from Racine Avenue to Richardson Avenue, St. Cecelia Drive from Briggs Road to Rosedale Avenue, Schurtz Avenue from St. Cecelia Drive to Bronwyn Avenue, St. Jude Avenue from Rosedale Avenue to St. Matthew Avenue, Bronwyn Avenue from Briggs Road to St. Joseph Avenue, St. Matthew Avenue from Schurtz Avenue to Rosedale Avenue, St. Agnes Avenue from Parma Avenue to Rosedale Avenue, Parma Avenue from Briggs Road to Rosedale Avenue and Rosedale Avenue from Bellflower Avenue to St. Cecelia Avenue; and
WHEREAS, U. S. Utility Contractor Company submitted the lowest responsive and responsible bid opened by the Director of Public Utilities on March 31, 2004 for the installation of the aforesaid street lighting system; and
WHEREAS, funding is necessary to pay for construction costs, design, construction inspection, engineering, advertising and printing, and any other miscellaneous expenses for said project; and
WHEREAS, it is necessary to transfer $88,000.00 from the Special Income Tax Fund to provide for the City's share in the cost of installing a street lighting system with underground wiring in the Brookshire Park area under the assessment procedure; and
WHEREAS, the City will sell notes or bonds to fund the City's share in the cost of this project and will reimburse the Special Income Tax Fund, this transfer should be considered as a temporary funding method; and
WEHREAS, the aggregate principal amount of obligations which the City will issue to finance this part of the project is presently expected not to exceed $88,000.00; and
WHEREAS, it is immediately necessary to both appropriate said funds from the Special Income Tax Fund and transfer said funds into the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Electricity, in that it is immediately necessary to enter into a contract for labor and material for the construction of street lighting improvements for the immediate preservation of 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 sum of $88,000.00 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund 430, 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, 2004 to the City Auditor, Department No. 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 2. That the City Auditor is hereby authorized to transfer said funds to the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 3. That the amount of $88,000.00 is hereby appropriated to the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund No. 553, Dept./Div. No. 60-07,
Street Lighting Project 670003, Object Level One 06, OCA 675017.
SECTION 4. That the City Auditor is hereby authorized and directed to transfer $88,000.00 within the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund No. 553, Dept./Div. No. 60-07, as follows:
FROM:
Project 670003, Street Lighting, OCA 675017, Object Level One 06, Object Level Three 6625, $88,000
TO:
Project 670003, Street Lighting, OCA 675017, Object Level One 10, Object Level Three 5501, $88,000
SECTION 5. That the City Auditor is hereby authorized and directed to transfer $88,000 from the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvement Fund 553 into the Street Lighting Assessment Fund 580, Division No. 60-07, as follows:
FROM:
Fund 553, Project 670003, Street Lighting, OCA 675017, Object Level One 10, Object Level Three 5501, $88,000
TO:
Fund 580, Subfund 983, Brookshire Park, OCA 580983, Object Level One 80, Object Level Three 0886, $88,000
SECTION 6. That the City Auditor is hereby authorized to appropriate $88,000.00 in the Brookshire Park street lighting assessment project, Fund No. 580, Subfund 983, OCA 580983, Object Level Three 6625.
SECTION 7. That the Director of Public Utilities is hereby authorized to enter into a contract with U. S. Utility Contractor Company, in the amount of $309,659.76, and to obtain and pay for the services of the Division of Electricity, the Transportation Division, and any services of other City divisions as may be necessary to complete the street lighting systems for the Brookshire Park.
SECTION 8. That to pay the cost of the aforesaid contract and expenses, the expenditure of $387,000.00, or so much thereof as may be needed, be and is hereby authorized from Division of Electricity, Division No. 60-07, Fund No. 580, Subfund No. 983, OCA 580983, Object Level Three 6625.
SECTION 9. That upon obtaining other funds for the City's share in the cost of Brookshire Park area street lighting assessment project, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 2 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 10. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with expenditure of the funds transferred in Section 2 above.
SECTION 11. The City intends that this ordinance constitute and "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 12. 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 days after passage if the Mayor neither approves nor vetoes the same.