Explanation
1. BACKGROUND:
The City of Columbus, Department of Public Service, Division of Design and Construction, is engaged in the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR 104 to Williams Improvement Project. Alum Creek Drive serves as a major connector route between Rickenbacker International Airport, I-270, State Route 104 and I-70 and this improvement will serve several commercial truck terminals and warehouse/distribution facilities located within the project corridor.
In the course of effecting roadway improvements, it is sometimes necessary to force the relocation of utilities from privately held easements. These relocations are in areas where the City has previously allowed utilities, but due to this project there is a need to relocate them at the City's expense. This legislation authorizes payment for utility relocation work by AT&T, Columbia Gas of Ohio and Columbia Gas Transmission, the City of Columbus Division of Power and Water(Power), and other utilities up to $1,600,000.
This Alum Creek Drive Phase B Improvement Project consists of the widening and reconstruction of approximately 2.07 miles of Alum Creek Drive from SR104 to Williams Road. The project has been designed to include the addition of curb and gutter, a closed drainage system and street lighting, as well as 2,275 feet of widening and reconstruction on Williams Road and 850 feet of widening and reconstruction on Watkins Road.
Pedestrian generators and destinations impacting this project include older established residential neighborhoods, newer subdivisions, apartment homes, senior residential facilities, churches, schools, day care facilities, and neighborhood oriented retail shops including fast food establishments and gas stations within the project corridor.
Also included within the design of this project are the installation of 8 foot wide shared use paths on both sides of Alum Creek Drive within the project limits; installation of 6 foot wide sidewalks on those portions of each side street within the project limits; and the construction or reconstruction of handicap ramps at appropriate locations including intersections, service drives and driveways.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against AT&T, Columbia Gas of Ohio and Columbia Gas Transmission.
2. CONTRACT COMPLIANCE
AT&T's contract compliance number is 340436390 and expires 5/20/2012
Columbia Gas of Ohio's contract compliance number is 310673990 and expires 2/15/2013
Columbia Gas Transmission's contract compliance number is 310673990 and expires 2/15/2013
3. FISCAL IMPACT:
The amount of Funding needed for this utility relocation expense is $1,600,000.00. 80% of this expense is eligible for an Ohio Department of Transportation Grant for this project. The City share of $320,000.00 for this relocation expense is budgeted in the 2011 Capital Improvement Budget. This expense can be accommodated by appropriating and transferring funds needed in the amount of $320,000.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $320,000.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed. These Funds will then be transferred to the Fed-State Highway Engineering Fund. $1,600,000.00 will be then be appropriated and expended from the Fed-State Highway Engineering Fund.
4. EMERGENCY DESIGNATION:
Emergency action is requested to establish this funding for utility relocation at the earliest possible time to allow these utilities to relocate and be clear of project construction activities and allow the project to proceed as currently scheduled.
Title
To authorize the Director of Public Service to reimburse various utilities for utility relocation expenses associated with the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR 104 to Williams Improvement Project; to authorize and direct the City Auditor to transfer $320,000.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $320,000.00 within the Streets and Highways G.O. Bonds Fund; to authorize the transfer of funds between the Streets and Highways G.O. Bonds Fund and the Fed-State Highway Engineering Fund; to appropriate $1,600,000 and expend $1,600,000.00 from the Fed-State Highway Engineering Fund for this purpose; and to declare an emergency. ($1,600,000.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Design and Construction, is engaged in the Alum Creek Drive Improvement Project; and
WHEREAS, Alum Creek Drive serves as a major connector route between Rickenbacker International Airport, I-270, State Route 104 and I-70 and the proposed improvement will serve several commercial truck terminals and warehouse/distribution facilities located within the project corridor; and
WHEREAS, this project consists of the widening and reconstruction of approximately 2.07 miles of Alum Creek Drive from SR 104 to Williams Road; and
WHEREAS, the project has been designed to include the addition of curb and gutter, a closed drainage system and street lighting, as well as 2,275 feet of widening and reconstruction on Williams Road and 850 feet of widening and reconstruction on Watkins Road; and
WHEREAS, pedestrian generators and destinations impacting this project include older established residential neighborhoods, newer subdivisions, apartment homes, senior residential facilities, churches, schools, day care facilities, and neighborhood oriented retail shops including fast food establishments and gas stations within the project corridor; and
WHEREAS, also included within the design of this project are the installation of 8 foot wide shared use paths on both sides of Alum Creek Drive within the project limits; installation of 6 foot wide sidewalks on those portions of each side street within the project limits; and the construction or reconstruction of handicap ramps at appropriate locations including intersections, service drives and driveways; and
WHEREAS, it is necessary to establish funding to reimburse various utility companies for needed utility relocation expenses that are required for this project; and
WHEREAS, this ordinance authorize the Director of Public Service to reimburse these companies for utility relocation expenses incurred; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to this project; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund; and
WHEREAS, this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations which the city will issue to finance this project is presently expected not to exceed $320,000.00; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the project described in this ordinance (the "Project").
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, in that it is immediately necessary to authorize this expenditure to provide for reimbursement to these companies as scheduled; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Service be and is hereby authorized to reimburse AT&T, Columbia Gas of Ohio Columbia Gas Transmission, the City of Columbus Division of Power and Water(Power), and other utility companies up to $1,600,000 for the Alum Creek Drive Phase B Improvement Project.
SECTION 2. The sum of $320,000.00 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, 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, 2011 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 3. That the City Auditor is hereby authorized to transfer said funds to the Streets and Highways G.O. Bonds Fund, No. 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 $320,000.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-12, Division of Design and Construction as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100026 / Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR 104 to Williams Improvement Project / 10-5501 / 531326 / $320,000.00
SECTION 5. That the monies appropriated in the foregoing Section 4 shall be paid upon order of the Director of Public Service 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 6. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 3 above.
SECTION 7. That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 3, above.
SECTION 8. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $320,000.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
SECTION 9. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 10. That the Transfer of monies between the following funds be authorized as follows:
Transfer From:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100026 / Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR 104 to Williams Improvement Project / 10-5501 / 531326 / $320,000.00
Transfer to:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
765 / 597015-100000 / Alum Creek Drive / 80/0886 / 591294 / $320,000.00
SECTION 11. That the sum of $1,600,000 be and hereby is appropriated from the unappropriated balance of Fund 765, the Federal State Highway Engineering Fund, 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, 2011 to Dept-Div. 59-12, the Division of Design and Construction as follows:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
765 / 597015-100000 / Alum Creek Drive / 06-6631 / 591294 / $1,600,000
SECTION 12. That the monies appropriated in the foregoing Section 11 shall be paid upon order of the Director of Public Service 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 13. That for the purpose of paying utility relocation expenses for the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR 104 to Williams Improvement Project, the sum of $1,600,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Federal State Highway Engineering Fund, No. 765 as follows:
Division of Design and Construction, Dept-Div 59-12:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
765 / 597015-100000 / Alum Creek Drive / 06-6631 / 591294 / $1,600,000.00
SECTION 14. 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 15. 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.