Explanation
Background: The Public Service Department, Transportation Division, is engaged in the improvement and widening of Norton Road from a point approximately 500 feet south of Hall Road to the intersection of Norton Road with West Broad Street. This is a City/County/State/Federal participation project that will be administered by the City of Columbus with 80% of the total right-of-way and construction costs paid from Federal funds and 20% paid by the City. Preliminary estimates for acquisition-related expenses were $1,500,000.00. Ordinance 0348-2003, passed by Columbus City Council on March 3, 2003, authorized the expenditure of City funding in the amount of $300,000.00 (our initial 20% share) and authorized the City Attorney's Office, Real Estate Division, to enter into professional services contracts and acquire fee simple title and lesser interests in the right-of-way necessary for this project. Due to higher-than-projected appraisal values, acquisition-related cost estimates were revised to $3,000,000.00, making the City's 20% share $600,000.00. Ordinance 2292-2003, passed November 4, 2003, authorized the expenditure of additional City funding in the amount of $300,000.00 (our additional 20% share of the revised cost) and authorized the City Attorney's Office, Real Estate Division, to continue with acquisition-related activities. At this time court fees and settlement costs for those Norton Road eminent domain appropriation cases filed with the Franklin County Common Pleas Court are estimated to be $1,310,000.00, bringing total acquisition related expenses to $4,310,000.00, of which the City will be responsible for $862,000.00. This legislation authorizes the City Attorney's Office to continue with acquisition-related activities and authorizes the expenditure of the estimated $1,310,000.00 in additional funding needed for this project.
Utility relocation is expected to be completed on this project by March 2005. Right-of -way acquisition for this project is mostly done except that funds are needed to pay for court costs and settlements. Construction on Norton Road is set to begin in May 2005 and be completed in May 2007.
Fiscal Impact: The Transportation Division budgeted $6.5 million in the 2004 Capital Improvements Budget for Federal/State Match projects. Thus far, there remains $4.1 million to be legislated for Federal/State Match projects from proceeds from the July bond sale. The Transportation Division requested $1.39 million acquisition and design of the Norton Road project in the July bond sale. Ordinance 1018-2004, passed Council on July 19, 2004, authorized $80,000 for a contract modification with Parsons Brinckerhoff for design services. Another $55,000 was used for ordinance 1473-2004 for a design contract with MORPC. This ordinance transfers $262,000.00 to the Federal State Highway Engineering Fund (as the City's match portion) where the entire $1,310,000.00 is appropriated and authorized for expenditure.
Emergency action is requested to assure that the current acquisition and construction schedule established by the Federal Highway Administration and the Ohio Department of Transportation is met.
Title
To authorize the transfer of $262,000.00 from the 1995, 1999 Voted Streets and Highways Fund to the Federal State Highway Engineering Fund; to appropriate $1,310,000.00 within the Federal State Highway Engineering Fund; to authorize the City Attorney's Office, Real Estate Division, to expend $1,310,000.00 for land acquisition-related expenses for the Norton Road Improvement project from the Federal-State Highway Engineering Fund for the Transportation Division, and to declare an emergency. ($1,310,000.00)
Body
WHEREAS, the Public Service Department, Transportation Division, in cooperation with Franklin County, the State of Ohio and the Federal Highway Administration is engaged in the acquisition of right-of-way for the Norton Road project; and
WHEREAS, 80% of the total right-of-way and construction costs for this project will be paid from Federal funds and 20% will be paid by the City; and
WHEREAS, Ordinance 0348-03, passed by City Council on March 3, 2003, established City funding in the amount of $300,000.00 and authorized the Department of Law, Real Estate Division, to hire those professional services and acquire the right-of-way necessary for this project; and
WHEREAS, Ordinance 2292-2003, passed by City Council on November 4, 2003, authorized the Department of Law, Real Estate Division, to expend an additional $300,000.00 for right-of-way acquisition costs associated with this project; and
WHEREAS, court fees and settlement costs for those Norton Road eminent domain appropriation cases filed with the Franklin County Common Pleas Court are estimated to be $1,310,000.00; and
WHEREAS, monies are budgeted and available within the Federal/State Match project within the 1995, 1999 Voted Streets and Highways Fund to pay for said acquisition-related costs; and
WHEREAS, said monies must be transferred between funds and appropriated; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Law, Real Estate Division, in that it is immediately necessary to authorize the expenditure of an additional $1,310,000.00 for right-of-way acquisition-related expenses for this project so that the current acquisition and construction schedule established by the Federal Highway Administration and the Ohio Department of Transportation is met, 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 intra-fund transfer of $262,000.00 be and hereby is authorized as follows:
TRANSFER FROM:
Fund / Project # / Project / O.L. 01/O.L. 03 Codes / OCA Code
704 / 530208 / Federal/State Match / 06/6600 / 644385
Total Transfer From: $262,000.00
TRANSFER TO:
Fund / Project # / Project / O.L. 01/O.L. 03 Codes / OCA Code
704 / 530208 / Federal/State Match / 10/5501 / 644385
Total Transfer To: $262,000.00
SECTION 2. That the inter-fund transfer of $262,000.00 be and hereby is authorized as follows:
TRANSFER FROM:
Fund / Project / Project # / O.L. 01/O.L. 03 Codes / OCA Code
704 / 530208 / Federal/State Match / 10/5501 / 644385
Total Transfer From: $262,000.00
TRANSFER TO:
Fund / Project / Project # / O.L. 03 Code / OCA Code
765 / Norton Road / 593007/ 0886 / 593007
Total Transfer To: $262,000.00
SECTION 3. That the sum of $1,310,000.00 be and hereby is appropriated from the unappropriated balance of Fund 765, the Federal State Highway Engineering Fund, 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 Department No. 59-09, the Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 593007 and Project 593007.
SECTION 4. That the monies appropriated in Section 3 shall be paid upon order of the Public Service Director 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 5. That the City Attorney be and hereby is authorized to expend an additional $1,310,000.00, or so much thereof as may be necessary, for right-of-way acquisition-related expenses for the Norton Road project for the Transportation Division.
SECTION 6. That for the purpose of paying for said costs, the sum of $1,310,000.00, or so much thereof as may be necessary, be and hereby is authorized to be expended from Fund 765, the Federal State Highway Engineering Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 593007 and Project 593007.
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.