Explanation
BACKGROUND: The purpose of this legislation is to authorize the appropriation and transfer of $350,200 from the Special Income Tax Fund, Fund No. 430, to the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund 553 and to authorize the Director of Public Utilities to enter into a contract for the installation of a street lighting system with underground wiring under the assessment procedure. Property owners have submitted a petition for a high pressure sodium street lighting system with ornamental poles and underground wiring for the Berwick Phase I area. This legislation also authorizes the transfer of funds from the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund into the Street Lighting Assessment Fund for the City's share in the cost of installing the street lighting system.
The Berwick Phase I area includes: Burnaby Drive, Floribunda Drive, Halleck Place, Halleck Drive, Mitzi Drive, Peace Place, Rose View Drive, Schaaf Drive, Sonata Drive, Spartan Drive, Stafford Place, Talisman Court, Tiffany Court, Haddon Road from College Avenue to and including parcel number 010-101705, Kenview Road South from Halleck Place to and including parcel number 010-140920, Kenwick Road from Scottwood Road to Kenview Road South, Roosevelt Avenue from Scottwood Road to Sonata Drive, Scottwood Road from Haddon Road to James Road, and Sherbrooke Place from Scottwood Road to Stafford Place. Resolution Number 154X-02, adopted September 9, 2002, authorized the preparation of plans and specifications. Emergency legislation of necessity, Resolution Number 33X-03 was adopted March 10, 2003. Ordinance Number 1998-2003, determining to proceed, was passed September 22, 2003.
Expenditures include the following:
Construction Cost 581,436.71
Inspection 43,832.00
D.O.E. Engineering/Construction 25,000.00
Notices and Invoices (Reimburse D.O.E.) 4,366.96
Miscellaneous 38,064.33
Interest Expense
($354,000 x 2.15% x 18 months) 11,500.00
$704,200.00
All of the above stated costs are estimates except the construction costs that are based upon bids received and opened by the Director of Public Utilities on March 17, 2004.
Six responsive bids were received, five from majority business enterprises and one from a female business enterprise, as follows:
Jess Howard Electric $ 581,436.71
U S Utility Contractor Co. (F1) 587,937.72
Complete General Construction 638,560.65
The Davis Co. 664.329.65
MP Dory Co. 868,242.38
Vaughn Industries, LLC 875,288.64
The engineer's estimate for the project construction was $719,855.85.
The Division of Electricity recommends an award to Jess Howard Electric Company, a majority business enterprise, in the amount of $581,436.71, as the lowest responsive and responsible bid received. Their Contract Compliance Number is 314405752.
Emergency action is requested due to citizens' approved petition for a timely implementation of construction services.
FISCAL IMPACT: The determined amount to be paid for the City's share under the assessment procedure is $163,000.00. Additional funding in the amount of $187,200.00 will be made available from the Urban Infrastructure Recovery Fund. It is necessary to transfer $350,200.00 from the Special Income Tax Fund into the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund 553 for the total City share. This method of funding is a temporary measure until the City sells notes or bonds to fund this capital improvement project.
Title
To authorize the City Auditor to transfer $350,200.00 from the Special Income Tax Fund to the Voted Street Lighting and Electricity Distribution Improvements Fund; to authorize the appropriation of said funds; to authorize the transfer of $350,200.00 from the Voted Street Lighting and Electricity Distribution Improvements Fund to the Electricity Assessment Fund to provide funding for the City's share in the cost of installing the street lighting system under the assessment procedure; to authorize the Director of Public Utilities to enter into a contract with Jess Howard Electric Company for the installation of a street lighting system with underground wiring in the Berwick Phase I area; to authorize the expenditure of $704,200.00 from the Street Lighting Assessment Fund; and to declare an emergency. ($704,200.00)
Body
WHEREAS, property owners have submitted a petition for a high pressure sodium street lighting system with ornamental poles and underground wiring in the Berwick Phase I area; and
WHEREAS, the Berwick Phase I area includes; Burnaby Drive, Floribunda Drive, Halleck Place, Halleck Drive, Mitzi Drive, Peace Place, Rose View Drive, Schaaf Drive, Sonata Drive, Spartan Drive, Stafford Place, Talisman Court, Tiffany Court, Haddon Road from College Avenue to and including parcel number 010-101705, Kenview Road South from Halleck Place to and including parcel number 010-140920, Kenwick Road from Scottwood Road to Kenview Road South, Roosevelt Avenue from Scottwood Road to Sonata Drive, Scottwood Road from Haddon Road to James Road, and Sherbrooke Place from Scottwood Road to Stafford Place; and
WHEREAS, Jess Howard Electric Company submitted the lowest responsive and responsible bid opened by the Director of Public Utilities on March 17, 2004 for the installation of the aforesaid street lighting system; and
WHEREAS, funding is necessary to pay for construction costs, design, construction inspection, engineering, advertising and printing, and any other miscellaneous expenses for said project; and
WHEREAS, it is necessary to transfer $350,200.00 from the Special Income Tax Fund to provide for the City's share in the cost of installing a street lighting system with underground wiring in the Berwick Phase I area under the assessment procedure; and
WHEREAS, the City will sell notes or bonds to fund the City's share in the cost of this project and will reimburse the Special Income Tax Fund, this transfer should be considered as a temporary funding method; and
WEHREAS, the aggregate principal amount of obligations which the City will issue to finance this part of the project is presently expected not to exceed $350,200.00; and
WHEREAS, it is immediately necessary to both appropriate said funds from the Special Income Tax Fund and transfer said funds into the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Electricity, in that it is immediately necessary to enter into a contract for labor and material for the construction of street lighting improvements for the immediate preservation of 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 sum of $350,200.00 be and is hereby appropriated from the unappropriated balance of the Special Income Tax 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, 2004 to the City Auditor, Department No. 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 2. That the City Auditor is hereby authorized to transfer said funds to the Voted 1995 and Voted 1999 Street Lighting and Electricity Distribution Improvements Fund at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 3. That the amount of $350,200 is hereby appropriated to the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund No. 553, Dept./Div. No. 60-07, as follows:
Fund No. 553, Street Lighting Project 670003, Object Level One 06, OCA 675017, $163,000
Fund No. 553, UIRF Electricity Project 440007, Object Level One 06, OCA 644369, $187,200
SECTION 4. That the City Auditor is hereby authorized and directed to transfer $350,200 within the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund No. 553, Dept./Div. No. 60-07, as follows:
FROM:
Fund 553, Street Lighting Project 670003, Object Level One 06, Object Level Three 6625, OCA 675017, $163,000
Fund 553, UIRF Electricity Project 440007, Object Level One 06, Object Level Three 6625, OCA 644369, $187,200
Total $350,200
TO:
Fund 553, Street Lighting Project 670003, Object Level One 10, Object Level Three 5501, OCA 675017, $163,000
Fund 553, UIRF Electricity Project 440007, Object Level One 10, Object Level Three 5501, OCA 644369, $187,200
Total $350,200
SECTION 5. That the City Auditor is hereby authorized and directed to transfer $350,200 from the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvement Fund 553 into the Street Lighting Assessment Fund 580, Division No. 60-07, as follows:
FROM:
Fund 553, Street Lighting Project 670003, Object Level One 10, Object Level Three 5501, OCA 675017, $163,000
Fund 553, UIRF Electricity Project 440007, Object Level One 10, Object Level Three 5501, OCA 644369, $187,200
Total $350,200
TO:
Fund 580, Berwick Phase I, Subfund 580980, Object Level One 80, Object Level Three 0886, OCA 580980, $350,200
SECTION 6. That the City Auditor is hereby authorized to appropriate $350,200 in the Berwick Phase I area street lighting assessment project, Fund No. 580, Subfund 980, OCA 580980, Object Level Three 6625.
SECTION 7. That the Director of Public Utilities is hereby authorized to enter into a contract with Jess Howard Electric Company, in the amount of $581,436.71, and to obtain and pay for the services of the Division of Electricity, the Transportation Division, and any services of other City divisions as may be necessary to complete the street lighting systems for the Berwick Phase I area.
SECTION 8. That to pay the cost of the aforesaid contract and expenses, the expenditure of $704,200.00, or so much thereof as may be needed, be and is hereby authorized from Division of Electricity, Division No. 60-07, Fund No. 580, Subfund No. 980, OCA 580980, Object Level Three 6625.
SECTION 9. That upon obtaining other funds for the City's share in the cost of Berwick Phase I area street lighting assessment project, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 2 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 10. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with expenditure of the funds transferred in Section 2 above.
SECTION 11. The City intends that this ordinance constitute and "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 12. 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.