Explanation
1. BACKGROUND
On January 18, 2013, the City entered into the Pizzuti Short North Economic Development Agreement (EDA) with Pizzuti Short North, LLC under the authorization of Ordinance No. 0587-2012, passed by its Council on March 21, 2012, through which the City agreed to contribute up to $ 2,152,233.72 for eligible public improvements required for the project, which include, but are not limited to, the design, permitting, construction and reconstruction of Millay Alley and the design, permitting, and construction of power, water, sanitary, and storm sewers upgrades and/or relocations.
This ordinance authorizes the Director of the Department of Public Service to enter into a design guaranteed maximum reimbursement agreement with Pizzuti Short North, LLC, for an amount up to $225,000.00 for the design of public infrastructure improvements for Economic and Community Development - Pizzuti Short North Projects.
The scope of public infrastructure improvements for Economic and Community Development - Pizzuti Short North Projects includes, but is not limited to, the installation of new brick pavement in Millay Alley; minor pavement markings and signal changes at the High Street and Russell Street intersection; sidewalk and landscape replacement along North High Street on both sides of the two-block area; mill and overlay of Russell Street; sidewalk replacement on the south side of Russell Street between Park Street and the vacated Wall Street; sidewalk replacement along the east side of Park Street between Millay Alley and Russell Street; and construction of metered parking stalls on Eden Alley.
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Pizzuti Short North, LLC is 46-1222280. The expiration date is 10/22/2014.
3. FISCAL IMPACTS
The Department of Development will contribute up to $225,000.00 for this design guaranteed maximum reimbursement agreement. This expense is budgeted within the Northland and Other Acquisitions Fund and the Gov'l Build America Bonds Fund and is available within the Corporate Retention project.
4. EMERGENCY DESIGNATION
The Department of Public Service is requesting this ordinance to be considered an emergency measure in order to allow for immediate execution of this design guaranteed maximum reimbursement agreement, which is necessary to facilitate the design of these improvements to maintain the project schedule and meet community commitments; thereby immediately preserving the public health, peace, property, safety and welfare.
Title
To authorize the Director of the Department of Public Service to enter into a design guaranteed maximum reimbursement agreement with Pizzuti Short North, LLC pursuant to Section 186 of the Columbus City Charter, for the design of public infrastructure improvements in connection with the Economic and Community Development - Pizzuti Short North Projects in an amount up to $225,000.00; to authorize the expenditure of up to $210,000.00 from the Northland and Other Acquisitions Fund 735; to authorize the expenditure of up to $15,000.00 from the Gov'l Build America Bonds Fund 746; and to declare an emergency. ($225,000.00)
Body
WHEREAS, the City entered into the Pizzuti Short North Economic Development Agreement (EDA) with Pizzuti Short North, LLC on January 18, 2013, under the authorization of Ordinance No. 0587-2012, passed by its Council on March 21, 2012, through which the City agreed to contribute up to $2,152,233.72 for eligible public improvements, required for the project, which include, but are not limited to the design, permitting, construction and reconstruction of Millay Alley and the design, permitting and construction of power, water, sanitary and storm sewers upgrades and/or relocations; and
WHEREAS, public infrastructure improvements for Economic and Community Development - Pizzuti Short North Projects include, but are not limited to, the installation of new brick pavement in Millay Alley; minor pavement markings and signal changes at the High Street and Russell Street intersection; sidewalk and landscape replacement along North High Street on both sides of the two-block area; mill and overlay of Russell Street; sidewalk replacement on the south side of Russell Street between Park Street and the vacated Wall Street; sidewalk replacement along east side of Park Street between Millay Alley and Russell Street; and construction of metered parking stalls on Eden Alley; and
WHEREAS, the Department of Public Service has identified the need to enter into a design guaranteed maximum reimbursement agreement with Pizzuti Short North, LLC for the Economic and Community Development - Pizzuti Short North Projects; and
WHEREAS, this ordinance authorizes the Director of the Department of Public Service to enter into a design guaranteed maximum reimbursement agreement with Pizzuti Short North, LLC, in an amount up to $225,000.00 for the design of public infrastructure improvements in connection with the Economic and Community Development - Pizzuti Short North Projects; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, in that it is immediately necessary to authorize said design guaranteed maximum reimbursement agreement and the expenditure of such funds to maintain the project schedule and meet community commitments; thereby immediately 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 the Department of Public Service be and hereby is authorized to enter into a design guaranteed maximum reimbursement agreement with Pizzuti Short North, LLC, Two Miranova Place, Suite 800, Columbus, Ohio 43215, pursuant to Section 186 of the Columbus City Charter for the design of public infrastructure improvements to be constructed in connection with the Economic and Community Development - Pizzuti Short North Projects project at a cost up to $225,000.00.
SECTION 2. That the sum of up to $225,000.00 is authorized to be expended for this design guaranteed maximum reimbursement agreement as follows:
Fund / Dept-Div / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
735 / 59-01 / 590415-100004 / Corporate Retention / 06-6682 / 734154 / $210,000.00
746 / 59-01 / 590415-100004 / Corporate Retention / 06-6682 / 761504 / $15,000.00
SECTION 3. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 4. 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 5. 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 6. 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.