Explanation
The Public Service Department, Transportation Division, is engaged in the North High Street (Lane Avenue to Arcadia Avenue) project as part of the Neighborhood Commercial Revitalization (NCR) program (see map). Part of this project involves eliminating all overhead utility lines within the project limits. This legislation establishes $325,000.00 to reimburse private utilities that have facilities that need to be relocated and $50,000.00 for force account work performed by the Electricity and Transportation Divisions. The majority of the utility reimbursements will be for American Electric Power (AEP) although SBC, XO Communications, Time-Warner, and city utilities all have items that need relocation.
Fiscal Impact: This ordinance certifies against the Special Income Tax Fund in the amount of $375,000.00. The Special Income Tax Fund certification is a temporary measure until the City sells notes or bonds to fund this capital improvement and is necessary because the Transportation Division has exhausted all cash in its 1995, 1999 Voted Streets and Highways Fund.
Emergency action is requested to allow utility relocation work to commence immediately and be completed during the peak construction period.
Title
To appropriate and authorize the City Auditor to transfer $375,000.00 from the Special Income Tax Fund to the 1995, 1999 Voted Streets and Highways Fund; to authorize the Public Service Director to expend $375,000.00 from the 1995, 1999 Voted Streets and Highways Fund for utility relocation work associated with the High Street (Lane to Arcadia) Neighborhood Commercial Revitalization Project for the Transportation Division, and to declare an emergency. ($375,000.00)
Body
WHEREAS, the city is engaged in the relocation of utilities as part of the High Street (Lane Avenue to Arcadia Avenue) Neighborhood Commercial Revitalization (NCR) project; and
WHEREAS, the design and construction of these utility lines will be accomplished through a combination of means and effort and/or expense on the part of the Transportation Division, Electricity Division, and various private utilities; and
WHEREAS, it is necessary to authorize the appropriation and transfer of funds for the project to proceed; and
WHEREAS, the City will sell notes or bonds for the aforementioned project and will reimburse the Special Income Tax Fund, this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations which the City will issue to finance the utility phase of the project is presently expected not to exceed $375,000.00; and
WHEREAS, it is immediately necessary to both appropriate said funds from the Special Income Tax Fund and transfer said funds into the 1995, 1999 Voted Streets and Highways Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to transfer and appropriate funds for the project so that the improvements may proceed without delay to make use of as much of this construction season as possible, thereby preserving 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 $375,000.00 be and hereby is appropriated from the unappropriated balance of the Special Income Tax Fund, 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 Code 10, Object Level Three Code 5502 and OCA Code 902023.
SECTION 2. That the City Auditor is hereby authorized to transfer said funds to Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Transportation Division Department No. 59-09, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 530058 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 City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 4. That upon obtaining other funds for utilities relocation for the High Street Neighborhood Commercial Revitalization 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 5. 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 6. That the City intends that this ordinance constitute an "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 7. That the Public Service Director be and hereby is authorized to obtain and pay for required utility relocation work by private utilities up to a maximum of $325,000.00 and to pay for force account work performed by the Electricity and Transportation Divisions up to a maximum of $50,000.00 therefore.
SECTION 8. That for the purpose of paying for utility relocation work, the sum of $375,000.00, or so much thereof as may be necessary is hereby authorized to be expended from the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 530058.
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.