Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, Division of Mobility Options, is engaged in the Bikeway Development - SR 161 Bikeway Connector/Sawmill Road - Linworth Road. The purpose of this project is to construct a shared-use-path on one side of S.R. 161 (Dublin-Granville Rd), between Sawmill Road and Linworth Road. This facility will provide improved access for bicycles and pedestrians along the entire corridor.
Successful completion of this project requires that the City acquire fee simple title and lesser interests in and to various properties along the project corridor as additional rights-of-way. It is necessary to authorize the City Attorney's Office, Real Estate Division, to contract for professional services, to negotiate with property owners and to expend those funds necessary to acquire the additional rights-of-way needed to complete this project.
2. FISCAL IMPACT
Right-of-way acquisition costs for this project, including professional services, staff costs and land costs have been estimated to be $100,000.00. This funding is budgeted within the 2011 CIB. This expense can be accommodated by appropriating and transferring funds needed in the amount of $100,000.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $100,000.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
3. EMERGENCY DESIGNATION
Emergency action is requested to allow the City Attorneys' Office, Real Estate Division to begin acquisition of the rights-of-way needed for this project immediately or as soon as needed rights of way have been detailed on the design plans and so that utilities can be relocated and construction of the improvements can proceed a currently scheduled.
Title
To authorize the City Attorneys' Office, Real Estate Division to contract for professional services relative to the acquisition of fee simple title and lesser interests in and to property needed for the Bikeway Development - SR 161 Bikeway Connector/Sawmill Road - Linworth Road Project; to authorize the City Attorney's Office, Real Estate Division to negotiate with property owners to acquire the additional rights-of-way necessary to complete this project; to authorize and direct the City Auditor to appropriate and transfer $100,000.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate and to authorize the expenditure of $100,000.00 from the Streets and Highways G.O. Bonds Fund for acquisition related expenses including professional service and land costs; and to declare an emergency. ($100,000.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Mobility Options, is engaged in the Bikeway Development - SR 161 Bikeway Connector/Sawmill Road - Linworth Road Project; and
WHEREAS, the purpose of this project is to construct a shared-use-path beside S.R. 161 between Sawmill Road and Linworth Road; and
WHEREAS, the project includes full depth installation of asphalt pavement and base, the installation of upgraded pedestrian / bicycle roadway crossings and ADA compliant ramps; and
WHEREAS, successful completion of this project requires that the City acquire fee simple title and lesser interests in and to various properties located along the project corridor as additional rights-of-way; and
WHEREAS, right-of-way acquisition costs for this project, including professional services, staff costs and land costs have been estimated to be $100,000.00; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to this project; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund; and
WHEREAS, 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 this project is presently expected not to exceed $100,000.00; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the project described in this ordinance (the "Project"); and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Mobility Options, in that it is necessary to authorize the City Attorney's Office, Real Estate Division, to contract for professional services, to negotiate with property owners to acquire the additional rights-of-way needed to complete this project and to authorize the expenditure of the funds needed to pay for the right-of-way acquisition expenses associated with this project for the 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 City Attorneys' Office, Real Estate Division be and is hereby authorized to expend $100,000.00, or so much thereof as may be necessary from the the Streets and Highways Voted Capital Fund as follows: Project 540002-100005, Bikeway Development - SR 161 Bikeway Connector/Sawmill Road - Linworth Road, Department/Division 59-10, O.L. 01-03 Codes - 06-6601, OCA Code 740205, to pay those costs relative to the acquisition of the additional rights-of-way required for this project.
SECTION 2. That the City Attorney be, and hereby is, authorized to acquire fee simple title and lesser interests in and to certain parcels of real estate and to contract for the professional services necessary in connection with the Bikeway Development - SR 161 Bikeway Connector/Sawmill Road - Linworth Road Project.
SECTION 3. The sum of $100,000.00 be and is hereby 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, 2011 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 4. That the City Auditor is hereby authorized to transfer said funds to the Streets and Highways G.O. Bonds Fund, No. 704, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
SECTION 5. That $100,000.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-10, Division of Mobility Options as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 540002-100005 / Bikeway Development - SR 161 Bikeway Connector/Sawmill Road - Linworth Road / 06-6601 / 740205 / $100,000.00
SECTION 6. That the monies appropriated in the foregoing Section 5 shall be paid upon order of the Director of Public Service and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 7. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 4 above.
SECTION 8. That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 4, above.
SECTION 9. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $100,000.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
SECTION 10. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 11. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modifications associated with this ordinance.
SECTION 12. 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.