Explanation
BACKGROUND: This ordinance will provide the third payment to the Ohio Department of Transportation (ODOT) for construction of Section B-1 of the Spring-Sandusky Interchange. The work consists of new construction of mainline Interstate Route 670 from Neil Avenue to approximately Cleveland Avenue, lying within the City of Columbus. The total work length of the B-1 project is approximately 1.22 miles (see attached map). The project commenced in March 2002 and is currently under construction. The City is responsible for funding the entire project, as per Agreement No. 9435 and Supplemental Agreement No. 9435-A between the City and ODOT, except $14,100,000.00 in available federal funds that the State of Ohio has agreed to utilize.The City's agreed installment payments total $28,129,081.00, making the original estimate including federal funds $42,229,081.00. The actual bid price for this project was approximately $37,000,000.00; however, due to change orders and other factors, additional costs have been incurred. Following the completion of all construction operations for this project, the Ohio Department of Transportation will perform a cost accounting and reimburse the city for any overpayments made or bill for costs not covered by the previously agreed payment schedule.
FISCAL IMPACT: The Spring-Sandusky Interchange project is currently budgeted in the pending 2003 Capital Improvements Budget. This ordinance amends the 2002 Capital Improvements Budget and certifies funding from the Special Income Tax Fund as a temporary measure until the next bond/note sale occurs, at which point that Fund will be reimbursed.
Emergency action is necessary in order to make this payment by the July 1, 2003 due date.
Title
To amend the 2002 Capital Improvements Budget, to appropriate and authorize the City Auditor to transfer $6,753,653.00 from the Special Income Tax Fund to the Voted 1995, 1999 Streets and Highways Fund; to authorize the Public Service Director to expend $8,653,650.00 to pay the Ohio Department of Transportation for Section B-1 of the Spring-Sandusky Interchange project; to authorize expenditure of $8,653,650.00 from the Voted 1995, 1999 Streets and Highways Fund for the Transportation Division and to declare an emergency. ($8,653,650.00)
Body
WHEREAS, the city entered into an agreement with the State of Ohio through the Director of Transportation, Agreement Number 9435 for the reconstruction an upgrade of FRA-670-1.25 (B-1), PID 4666, on August 4, 1999; and
WHEREAS, Agreement Number 9435 was supplemented and amended on January 9, 2002 and sets forth a series of three payments for the city to submit to the state for the construction of roadway project B-1 of the Spring-Sandusky Interchange; and
WHEREAS, roadway project B-1 is more fully described as follows:
This project consists of the construction of approximately 1.22 miles of eight-lane divided, limited access urban expressway on existing alignment. The project begins at Neil Avenue and ends at Cleveland Avenue.
WHEREAS, the third in the series of payments is due July 1, 2003 in the amount Eight Million, Six Hundred Fifty Three Thousand, Six Hundred Fifty --- 00/100 Dollars ($8,653,650.00); and
WHEREAS, the city proposed to cooperate with the Ohio Department of Transportation in the construction of roadway project FRA-670-1.25 (B-1), PID 4666; and
WHEREAS, it is necessary to amend the 2002 Capital Improvements Budget to include this project; and
WHEREAS, it is necessary to certify against the Special Income Tax Fund to provide funding for this payment; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to make payment to the Ohio Department of Transportation for the construction of Section B-1 of the Spring-Sandusky Interchange project, 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 2002 Capital Improvements Budget be and hereby is amended as follows:
SERVICE/TRANSPORTATION 59-09
project current CIB CIB as amended
Spring Sandusky Interchange $21,375,428 $30,029,078
SECTION 2. That from the unappropriated monies in the Special Income Tax Fund, Fund 430, and from the 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, 2003, the sum of $6,753,653.00 be and hereby is appropriated to the City Auditor, Department No. 22-01, Object Level One Code 10, Object Level Three Code 5500, OCA Code 902023.
SECTION 3. That the City Auditor is hereby authorized to transfer said funds to the Voted 1995, 1999 Streets and Highways Fund, Fund 704, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
SECTION 4. That $6,753,653.00 is hereby appropriated within the Voted 1995, 1999 Streets and Highways Fund, Fund 704, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385, Project 530034 to make payment to the Ohio Department of Transportation for the construction of Section B-1 of the Spring-Sandusky Interchange project for the City of Columbus Transportation Division.
SECTION 5. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 3 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 6. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract(s) or contract modification(s) associated with the expenditure of the funds transferred under Section 3 above.
SECTION 7. That the City intends that this ordinance constitute an official intent for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 8. That the Public Service Director be and hereby is authorized to issue payment to the Ohio Department of Transportation the sum of Eight Million, Six Hundred Fifty Three Thousand, Six Hundred Fifty --- 00/100 Dollars ($8,653,650.00) for construction of Section B-1 of the Spring-Sandusky Interchange project, from the Voted 1995, 1999 Streets and Highways Fund, Fund 704, for the Transportation Division, Department No. 59-09, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 530034.
SECTION 9. That the City hereby requests that the state's Director of Transportation continue with the aforesaid highway improvement.
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.