Explanation
1. BACKGROUND
This ordinance authorizes funds in an amount up to $100,000.00 to be spent by the City Attorney for expenses associated with acquiring the right-of-way needed for the Twin Lake Dam Rehabilitation Project, C.I.P. No. 611038-100001.
The City’s Department of Public Utilities (“DPU”) is engaged in the Twin Lake Dam Rehabilitation Project, C.I.P. No. 611038-100001 (“Public Project”). This project originated from an Ohio Department of Natural Resources (ODNR) assessment of the Twin Lake Upper Dam. The 2016 inspection identified items related to dam safety that needed to be addressed. These items included a hydrologic and hydraulic study to determine the Twin Lakes discharge/storage capacity and associated design implementation, design and installation of an emergency spillway at Twin Lakes Dam, concrete repairs and other ancillary work.
The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of Brookwood Road and College Avenue along US 33 at either side of the US-33 embankment (College Ave) (collectively, “Real Estate”) in order for DPU to complete the 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. An exhibit is attached to this Ordinance showing the details of four (4) permanent easements to be acquired for this project.
The property to be acquired is located in Columbus Community 57, Mid East.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funds in the amount of $100,000.00 for this expenditure are budgeted, available and appropriated in the Storm Bond Fund, Fund 6204.
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 so construction can begin on the needed dam safety improvements.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate needed to complete the Twin Lake Dam Rehabilitation Project and to contract for associated professional services needed for the acquisition of the real estate; to authorize an expenditure of up to $100,000.00 within the Storm Bond Fund; and to declare an emergency. ($100,000.00)
Body
WHEREAS, the City’s Department of Public Utilities (“DPU”) is engaged in the Twin Lake Dam Rehabilitation Project; and
WHEREAS, right-of-way must be acquired so the project can be constructed; 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 approximately 200 feet south of Brookwood Road and College Avenue along US 33 at either side of the US-33 embankment (College Ave)(“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, it is necessary for this Council to authorize the expenditure of up to one hundred thousand and 00/100 U.S. Dollars ($100,000.00) from the Storm Bond Fund, Fund 6204, for the acquisition of Real Estate needed for the Twin Lake Dam Rehabilitation Project; 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 so construction can begin on the needed dam safety improvements, thereby preserving 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 City Attorney is authorized to acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of Brookwood Road and College Avenue along US 33 at either side of the US-33 embankment (College Ave) on the City’s east side (“Real Estate”) in order for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Twin Lake Dam Rehabilitation Project (“Public Project”).
SECTION 2. 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 3. That the City Attorney, in order to exercise the authority described in Sections One and Two of this ordinance, is authorized to spend one hundred thousand and 00/100 U.S. Dollars ($100,000.00), or as much as may be necessary, from the Storm Bond Fund, Fund 6204, according to the account codes in the attachment to this ordinance.
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.