Explanation
1. BACKGROUND
This ordinance authorizes the City Attorney to acquire the Real Estate needed for the Department of Public Utilities to complete Broadview Road 30 Inch Transmission Main Project, C.I.P. No. 690502-100002, in an amount up to $275,000.00.
The City’s Department of Public Utilities (“DPU”) is engaged in acquiring real estate for the Broadview Road 30 Inch Transmission Main Project, C.I.P. No. 690502-100002 (“Public Project”). This Public Project intends to provide approximately 7,300 feet of new 30-inch diameter transmission main in the Broadview Road area. This transmission main will allow the North pressure district to supplement the East pressure district in supplying water to booster stations located near Morse Road and Hamilton Road that supply the Morse pressure district. The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of the Kohl’s retail store’s Service Road, located directly adjacent to the North-West corner of the Morse Road and Hamilton Road intersection. The easements extend through such service road, from the Broadview Road Right-of-Way Southern boundary to the Morse Road Right-of-Way Northern boundary, (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 (surveys, title work, appraisals, etc.) in order for DPU to timely complete the Public Project.
Exhibits are attached to this Ordinance showing the details of three (3) permanent easements and six (6) temporary easements to be acquired for this project.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funding in the amount of $275,000.00 is available and appropriated in the Water Bond Fund, Fund 6006. 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 Water Bond Fund, Fund 6006, 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 while the property owners are ready to proceed with the transactions.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate and to contract for associated professional services in order for the Department of Public Utilities to timely complete the acquisition of Real Estate for the Broadview Road 30 Inch Transmission Main; to authorize an amendment to the 2025 Capital Improvement Budget; to authorize a transfer of cash and appropriation between projects within the Water Bond Fund; to authorize the expenditure of up to $275,000.00 from the Water Bond Fund; and to declare an emergency. ($275,000.00)
Body
WHEREAS, the City intends to rehabilitate the City's large diameter water distribution infrastructure to enable the North pressure district to supplement the East pressure district in supplying water to booster stations located near Morse Road and Hamilton Road that supply the Morse pressure district in the vicinity of the Kohl’s retail store’s Service Road, located directly adjacent to the North-West corner of the Morse Road and Hamilton Road intersection. The easements extend through such service road, from the Broadview Road Right-of-Way Southern boundary to the Morse Road Right-of-Way Northern boundary; 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 the Kohl’s retail store’s Service Road, located directly adjacent to the North-West corner of the Morse Road and Hamilton Road intersection. The easements extend through such service road, from the Broadview Road Right-of-Way Southern boundary to the Morse Road Right-of-Way Northern boundary (“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 (surveys, title work, appraisals, etc.); 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 Water Bond Fund, Fund 6006, 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 two hundred seventy-five thousand and 00/100 U.S. Dollars ($275,000.00) from the Water Bond Fund, Fund 6006, to acquire this Real Estate; and
WHEREAS, an emergency exists in the usual daily operation of Public Utilities in that it is immediately necessary to authorize this acquisition in order to acquire the Real Estate while the property owners are ready to proceed with the transactions, for the immediate preservation of 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
6006 / 690528-100000 / Gen'l Engineering Services - Distribution Group (Voted Water Carryover) / $600,000.00 / $325,000.00 / ($275,000.00)
6006 / 690502-100002 / Broadview Road 30 Inch Transmission Main (Voted Water Carryover) / $0.00 / $275,000.00 / $275,000.00
SECTION 2. That the transfer of $275,000.00, or so much thereof as may be needed, is hereby authorized within the Water Bond Fund, Fund 6006, 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 Kohl’s retail store’s Service Road, located directly adjacent to the North-West corner of the Morse Road and Hamilton Road intersection. The easements extend through such service road, from the Broadview Road Right-of-Way Southern boundary to the Morse Road Right-of-Way Northern boundary (“Real Estate”) in order for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Broadview Road 30 Inch Transmission Main 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 (3) and Four (4) of this ordinance, is authorized to spend up to two hundred seventy-five thousand and 00/100 U.S. Dollars ($275,000.00), or as much as may be necessary, from the Water Bond Fund, Fund 6006, 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 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.