Explanation
BACKGROUND: This legislation is needed in order for the City to pay the Ohio Water Development Authority (OWDA) loan fee for a Division of Sewerage and Drainage capital project receiving funding through the Ohio Environmental Protection Agency’s Water Pollution Control Loan Fund (WPCLF) which is administered by OWDA. The loan fee has been invoiced for the following project which was awarded WPCLF loan financing at the August 29, 2024 Ohio Water Development Authority Board meeting:
SWWTP Control System Improvements (Mod for Detailed Design); CIP# 650378-100001; Loan amount: $3,894,000.00; Loan Fee: $13,629.00.
This Sanitary Treatment Engineering Section project (identified in Section 1) has been approved for financing through the Ohio Water Pollution Control Loan Fund (WPCLF) and authorized via Ordinance 2767-2023 which passed October 30, 2023.
The Water Pollution Control Loan Fund (WPCLF) loan program is jointly administered by the Ohio EPA Division of Environmental and Financial Assistance and the Ohio Water Development Authority (OWDA). The WPCLF provides below-market interest rate loans for municipal wastewater treatment improvements. The interest rate for this loan is 0.00%.
FISCAL IMPACT: $13,629.00 is needed for Loan Fee expenditures.
CONTRACT COMPLIANCE: Ohio Water Development Authority (31-6402047-207) is not contract compliant as it is a governmental agency (State of Ohio).
EMERGENCY DESIGNATION: The City is required to pay the OWDA loan fee upon the execution of the loan agreement. The loan agreement was approved by the OWDA Board on August 29, 2024. The executed loan agreement along with the loan fee invoice has been generated for payment by the City and received September 27, 2024. Loan Fund Payment Requests to pay the contractor for construction work on this project cannot be processed until the loan fee is paid in full. An emergency designation is therefore requested in order to meet the payment obligations of the construction contract and to ensure the project does not incur work stoppage and associated costs due to delayed invoice payment.
Title
To authorize the Director of Public Utilities to pay the Water Pollution Control Loan Fund Loan Fee to the Ohio Water Development Authority for the SWWTP Control System Improvements Design Project loan; to authorize the expenditure of $13,629.00 from the Sewerage System Operating Fund; and to declare an emergency. ($13,629.00)
Body
WHEREAS, on August 29, 2024 a Division of Sewerage and Drainage project was approved for below market-rate interest financing through an Ohio Water Pollution Control Loan Fund loan through which said financial assistance will help to reduce the total project costs to the City's sewerage customers; and
WHEREAS, it is necessary to authorize the Director of Public Utilities to pay the requisite Loan Fee to the Ohio Water Development Authority payable upon the delivery of the executed loan agreements which were received on September 27, 2024; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to pay the loan fee on the earliest practicable date in order to process fund payment requests for incurred project costs, meet the payment terms of the contract, and to avoid work stoppage and the accrual of associated costs due to delayed payment, all for the immediate preservation of the public health, peace, property, safety and welfare; and now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
SECTION 1. That the Director of Public Utilities is hereby authorized to pay the Water Pollution Control Loan Fund Loan Fee to the Ohio Water Development Authority 480 S. High Street Columbus, OH 43215, for the Division of Sewerage and Drainage project entitled SWWTP Control System Improvements Detailed Design Project; CIP No. 650378-100001, WPCLF No. CS390274-0510; OWDA No. 10971.
SECTION 2. That the expenditure of $13,629.00 or as much thereof as may be needed, is hereby authorized from in Fund 6100 Sewerage System Operating Fund in object class 07 Interest On City Debt per the accounting codes in the attachment to this ordinance.
SECTION 3. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 4. 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 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is 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.