Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to execute agreements, including any future amendments or modifications thereto, if needed, with and to accept funding from Delaware County relative to the completion of the Intersection - E. Powell Road and Lyra Drive project. It also authorizes the Auditor's Office to appropriate funds received from Delaware County for the project and to establish auditor certificates as needed and requested by the Director of the Department of Public Service to allow funds received from Delaware County to be spent on construction, construction administration, and construction inspection expenses for the project.
The City is engaged in a Public-Private Partnership (3P) with NP Capital Management Corporation to facilitate the construction of certain public infrastructure improvements in the Polaris area. The Intersection - E. Powell Road and Lyra Drive project encompasses the extension of Lyra Drive to intersect with East Powell Road and the construction of a roundabout at the new intersection. A portion of the planned improvements will benefit Delaware County, which has agreed to contribute funding to support that effort.
This ordinance also authorizes, as necessary, the issuance of a refund for the unspent balance of the funds deposited by Delaware County after the project and final accounting have been completed or when the Department of Public Service, Division of Design and Construction, certifies said funds are no longer needed and can be returned to Delaware County.
2. FISCAL IMPACT
Delaware County has agreed to contribute up to $200,000.00 to support the construction of the project based on preliminary cost estimates with the understanding that the actual amount owed for that purpose may vary contingent on the outcome of the competitive bid process or due to unforeseen circumstances. In the event the apparent low bid exceeds preliminary cost estimates or other circumstances require additional funding from Delaware County, this ordinance authorizes the City Auditor to appropriate additional funds received from Delaware County and to establish auditor certificates so said funds can be expended to support this project without additional legislation.
3. EMERGENCY DESIGNATION
Emergency action is requested to make requisite construction funding available as soon as reasonably practicable so as to prevent unnecessary delays in the completion of needed public infrastructure improvements.
Title
To authorize the Director of Public Service to enter into agreements with, and to accept funding from, Delaware County relative to the Intersection - E. Powell Road and Lyra Drive project; to authorize the City Auditor to appropriate funds received from Delaware County for the project and to establish auditor certificates as needed and requested by the Director of Public Service for this project to, as necessary, authorize the Director of Public Service to refund the unspent balance of funding deposited by Delaware County; and to declare an emergency. ($0.00)
Body
WHEREAS, the City is engaged in a Public-Private Partnership (3P) with NP Capital Management Corporation to facilitate the construction of certain public infrastructure improvements in the Polaris area; and
WHEREAS, the Intersection - E. Powell Road and Lyra Drive project encompasses the extension of Lyra Drive to intersect with East Powell Road and the construction of a roundabout at the new intersection; and
WHEREAS, a portion of the proposed improvements will benefit Delaware County; and
WHEREAS, Delaware County has agreed to contribute up to $200,000.00 to support the completion of the project, with the understanding that additional funding may be needed contingent on the outcome of the competitive bid process; and
WHEREAS, it is necessary to authorize the Director of Public Service to enter into agreements with, and to accept funding from, Delaware County for that purpose; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to make requisite construction funding available as soon as reasonably practicable so as to prevent unnecessary delays in the completion of needed public infrastructure improvements, thereby preserving 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 Director of Public Service be and hereby is authorized to enter into agreements with, and to accept all funding from, Delaware County to support the completion of the Intersection - E. Powell Road and Lyra Drive project. That the Director of Public Service may amend the amount of funding contributed by Delaware County if necessary.
SECTION 2. That the City Auditor be and is hereby authorized to appropriate funds received from Delaware County for the aforesaid purpose and to establish auditor certificates as needed and requested by the Director of Public Service to allow funds received from Delaware County to be expended on construction, construction administration, and construction inspection costs associated with the Intersection - E. Powell Road and Lyra Drive project.
SECTION 3. That the Director of Public Service be and is hereby authorized to refund any unspent balance of the funding deposited by Delaware County after the project and final accounting have been completed or when the Department of Public Service, Division of Design and Construction, certifies said funds are no longer needed and can be returned to Delaware County.
SECTION 4. 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 5. 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 6. 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 7. 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.