Explanation
1. BACKGROUND
This ordinance authorizes funds in an amount up to $170,000.00 to be spent by the City Attorney for expenses associated with acquiring the right-of-way needed for the Big Walnut Interceptor Lockbourne Subtrunk Canal Road Area Project, C.I.P. No. 650491-100004.
The City’s Department of Public Utilities (“DPU”) is engaged in the Big Walnut Interceptor Lockbourne Subtrunk Canal Road Area Project, C.I.P. No. 650491-100004 (“Public Project”). This is located in the vicinity of the Village of Lockbourne on the City’s southeast side. DPU will remove an existing pump station along Canal Road and convert the flow to gravity flow to the Lockbourne Subtrunk, just south of the Village, along Commerce Street.
The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of Village of Lockbourne on the City’s southeast side (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.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funds in the amount of $170,000.00 for this expenditure are available 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 within the Sanitary Bond Fund, Fund 6109, is needed to align cash and appropriation with the proper project.
4. EMERGENCY JUSTIFICATION
Emergency action is requested in order to acquire the Real Estate and allow DPU to timely complete the Public Project improvements to this developing area before the sewer system can no longer accommodate the increased usage, preventing sewage overflow into storm water systems and basement flooding, 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 Village of Lockbourne on the City’s southeast side for the Big Walnut Interceptor Lockbourne Subtrunk Canal Road Area Project; to contract for associated professional services needed for the acquisition of Real Estate; to amend the 2025 Capital Improvement Budget; to authorize the transfer of cash and appropriation between projects within the Sanitary Bond Fund; to authorize an expenditure of up to $170,000.00 within the Sanitary Bond Fund; and to declare an emergency. ($170,000.00)
Body
WHEREAS, the City intends to improve the storm drain infrastructure in the vicinity of Village of Lockbourne on the City’s southeast side by allowing the Department of Public Utilities (“DPU”) to engage in the acquisition of Real Estate for the Big Walnut Interceptor Lockbourne Subtrunk Canal Road Area Project (“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 Village of Lockbourne on the City’s southeast side (“Real Estate”) in order for DPU to complete the Public Project; and
WHEREAS, the City intends for the City Attorney 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, the 2025 Capital Improvement Budget must be amended 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 one hundred seventy thousand and 00/100 U.S. Dollars ($170,000.00) from the Sanitary Bond Fund, Fund 6109 for the acquisition of Real Estate needed for the Big Walnut Interceptor Lockbourne Subtrunk Canal Road Area Project; and
WHEREAS, an emergency exists in the usual daily operations of DPU in that it is immediately necessary 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 Village of Lobourne in order to prevent unnecessary delay in completing the Public Project to prevent damage to property from flooding during heavy rainstorms, all for the immediate preservation of the public health, peace, property, safety and welfare; and 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 to establish sufficient authority for this project:
Fund/Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6109 / 650354-100000 / SWWTP Post Aeration Diffuser Replacement (Voted Sanitary Carryover) / $229,915.00 / $59,915.00 / ($170,000.00)
6109 / 650491-100004 / Big Walnut Interceptor Subtrunk, Canal Road Area (Voted Sanitary Carryover) / $0.00 / $170,000.00 / $170,000.00
SECTION 2. That the transfer of $170,000.00, or so much thereof as may be needed, is hereby authorized within the Sanitary Bond Fund, Fund 6109, 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 Village of Lockbourne on the City’s southeast side (“Real Estate”) in order for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Big Walnut Interceptor Lockbourne Subtrunk Canal Road Area 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 one hundred seventy thousand and 00/100 U.S. Dollars ($170,000.00), or as much as may be necessary, from the Sanitary Bond Fund, Fund 6109, according to the account codes in the attachment to this ordinance.
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 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.