Explanation
The City of Columbus, 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 north 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 acquisition and construction costs being paid with county/state/federal funds and 20% being paid with City of Columbus funds. Ordinance #0348-2003 passed by City Council on March 3, 2003, authorized the City Attorney's Office, Real Estate Division, to enter into contacts for professional services and to acquire fee simple title and lesser interests for the Norton Road project for up to and including $300,000.00. Ordinance #0478-2003 passed March 31, 2003, added an additional $75,000.00 for land acquisition services to this total. Due to higher than anticipated appraised values the expenditure of an additional $300,000.00 was authorized by Ordinance #2292-2003 passed November 3, 2003. Finally, Ordinance #2555-2003 passed December 15, 2003, authorized spending $40,983.91 for Ohio Department of Transportation (ODOT) and city Real Estate Division right-of-way acquisition-related expenses for the project.
A recent City Attorney's Office opinion determined that the City is required to obtain additional title work for two condominium complexes within the project boundaries before acquisition-related activities can be completed. Accordingly, the expenditure of an additional $80,000.00 must be authorized at this time to allow the City Attorney's office to continue with acquisition-related activities. Additional funding in the amount of $15,000.00 is required to pay for ongoing Real Estate Division staff expenses for the project. Additional funding in the amount of $20,000.00 is required to pay a pending ODOT billing for acquisition. These amounts total $115,000.00.
Money for this purpose is available in the Land Assemblage project of the 1995, 1999 Voted Streets and Highways Fund. This ordinance transfers $115,000.00 to the Streets and Highways Improvement Fund, appropriates the full amount there and authorizes its expenditure. As a prerequisite for future Special Income Tax Fund certifications in lieu of a 2003 bond sale, the division must exhaust all its available cash within the 1995, 1999 Voted Streets and Highways Fund.
Emergency action is requested to allow right-of-way acquisition to be completed as soon as possible and provide for immediate payment of an overdue invoice from the Ohio Department of Transportation.
Title
To authorize the transfer of $115,000.00 from the 1995, 1999 Voted Streets and Highways Fund to the Streets and Highways Improvement Fund; to authorize the appropriation of $115,000.00 within the Streets and Highways Improvement Fund; to authorize the City Attorney to procure professional services necessary to acquire fee simple title and lesser interests in and to property needed for the Norton Road project for the Transportation Division; to expend $115,000.00 or so much thereof as may be needed from the Streets and Highways Improvement Fund and to declare an emergency. ($115,000.00)
Body
WHEREAS, the City of Columbus, in cooperation with Franklin County, the State of Ohio and the Federal Highway Administration, is engaged in the improvement and widening of Norton Road from a point approximately 500 feet south of Hall Road north to the intersection of Norton Road with West Broad Street; and
WHEREAS, this city/county/state/federal participation project is being administered by the City of Columbus with 80% of total right-of-way acquisition and construction costs being paid with county/state/federal funds and 20% being paid with city funds; and
WHEREAS, Ordinance #0348-2003 passed by City Council on March 3, 2003, authorized the expenditure of City funding in the amount of $300,000.00 and authorized the City Attorney's Office, Real Estate Division, to enter into contacts for professional services to acquire fee simple title and lesser interest for the Norton Road project; and
WHEREAS, Ordinance #0478-2003 passed by City Council on March 31, 2003, added an additional $75,000.00 for land acquisition services to this total; and
WHEREAS, due to higher-than-projected appraised values the expenditure of an additional $300,000.00 was authorized by Ordinance #2292-2003 passed by City Council on November 3, 2003; and
WHEREAS, Ordinance #2555-2003 passed December 15, 2003, authorized spending $40,983.91 for Ohio Department of Transportation (ODOT) and city Real Estate Division right-of-way acquisition-related expenses for the project; and
WHEREAS, a legal interpretation of the condominium by-laws for two condominium complexes within the project boundaries provided by the City Attorney's Office has determined that the city will be required to obtain additional title work before acquisition-related activities can be completed, necessitating the expenditure of an additional $80,000.00; and
WHEREAS, additional funding in the amount of $15,000.00 is required to pay for ongoing Real Estate Division staff expenses and $20,000.00 is required to pay a pending ODOT billing for acquisition for the project; and
WHEREAS, monies need to be transferred between Funds and appropriated to pay for these increased acquisition related expenses; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the City Attorney to procure professional services and continue acquisition of fee simple title and lesser interests in and to those parcels needed for the Norton Road project, to authorize the expenditure of funds required for acquisition costs and provide for immediate payment of an overdue invoice from the Ohio Department of Transportation, 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 transfer of $115,000.00 be and hereby is authorized within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, as follows:
TRANSFER FROM:
Fund/ Project#/ Project/ O. L. 01/O. L. 03 Code/ OCA Code
704/ 590108/ Land Assemblage/ 06/6600/ 644385
Total transfer from: $115,000.00
TRANSFER TO:
Fund/ Project#/ Project/ O. L. 01/O. L. 03 Code/ OCA Code
704/ 590108/ Land Assemblage/ 10/5501/ 644385
SECTION 2. That the transfer of $115,000.00 be and hereby is authorized between Funds as follows:
TRANSFER FROM:
Fund/ Project#/ Project/ O. L. 01/O. L. 03 Code/ OCA Code
704/ 590108/ Land Assemblage/ 10/5501/ 644385
TRANSFER TO:
Fund/ Project#/ Project/ O. L. 03 Code/ OCA Code
766/ 530865/ Norton Road/ 0886 / 530865
Total transfer to: $115,000.00
SECTION 3. That the sum of $115,000.00 be and hereby is appropriated from the unappropriated balance of the Streets and Highways Improvement Fund, Fund 766, 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 the Transportation Division, Department No. 59-09, Object Level One Code 06, Object Level Three Code 6601, OCA Code 530865 and Project 530865.
SECTION 4. That the monies appropriated in Section 2 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 continue acquisition of fee simple title and lesser interests in and to those parcels needed for the Norton Road project and to expend $80,000.00 or so much thereof as may be necessary to pay related acquisition expenses.
SECTION 6. That the Public Service Director be and hereby is authorized to pay Real Estate Division invoices rendered by the latter for acquisition-related expenses for services for the Norton Road project and to expend $15,000.00 or so much thereof as may be necessary.
SECTION 7. That the City Auditor be and hereby is authorized and directed to increase Auditor's Certificate #AC020940 by $20,000.00.
SECTION 8. That the Public Service Director be and hereby is authorized to pay the Ohio Department of Transportation $20,000.00 for acquisition-related expenses for the Norton Road project.
SECTION 9. That for the purpose of paying for said costs the sum of $115,000.00, or so much thereof as may be needed be and hereby is authorized to be expended from the Streets and Highways Improvement Fund, Fund 766, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 530865 and Project 530865.
SECTION 10. 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.