Explanation
The Department of Public Utilities, Division of Sewerage and Drainage is engaged in Hilliard-Rome Road South of Feder Road Project. As a part of the acquisition related activities on this project the City Attorney's Office filed a case in the Franklin County, Ohio, Court of Common Pleas for acquisition of Parcel 1S. The City Attorney's Office, Real Estate Division settled Court Case 09CVH-03-4802 on October 14, 2010. At this time an additional $80,000.00 is needed to pay the court-approved settlement costs associated with this case. This legislation authorizes the City Attorney to expend an additional $80,000.00 or so much thereof as may be necessary to complete the acquisition of Parcel 1S.
Fiscal Impact: Funds for this settlement are available within the Build America Bond (B.A.B's) Fund. This legislation appropriates the necessary funds and authorizes this expenditure.
Emergency action is requested to allow eminent domain-related acquisition activities for this parcel to be completed as soon as possible to bring closure to this court-approved settlement.
Title
To appropriate $80,000.00 within the Build America Bond (B.A.B's) Fund; to authorize the City Attorney to expend an additional $80,000.00 for acquisition activities for the Hilliard-Rome Road South of Feder Road Project from the Build America Bond Fund, The Department of Public Utilities, Division of Sewerage and Drainage and to declare an emergency. ($80,000.00)
Body
WHEREAS, The Department of Public Utilities, Division of Sewerage and Drainage is engaged in Hilliard-Rome Road South of Feder Road Project; and
WHEREAS, as a part of the acquisition related activities on this project the City Attorney's Office filed a case in the Franklin County, Ohio, Court of Common Pleas for acquisition of Parcel 1S; and
WHEREAS, the City Attorney's Office, Real Estate Division settled Court Case 09CVH-03-4802 on October 14, 2010; and
WHEREAS, at this time an additional $80,000.00 is needed to pay the court-approved settlement costs associated with this case; and.
WHEREAS, it now necessary for City Council to authorize the expenditure of $80,000.00 or so much thereof as may be necessary to complete the acquisition of Parcel 1S from the Sanitary Build America (B.A.B.s) Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage, in that it is immediately necessary to authorize the City Attorney to pay these costs as soon as possible to bring closure to this Franklin County Common Pleas Court-approved settlement, 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 City Attorney be and hereby is authorized to expend $80,000.00 or so much thereof as may be necessary to complete the acquisition of Parcel 1S, for Hilliard-Rome Road South of Feder Road Project, the Department of Public Utilities, Division of Sewerage and Drainage.
SECTION 2. That the expenditure of $80,000.00, or as much thereof as may be needed, is hereby authorized from the Sanitary Build America (B.A.B.s) Fund, Fund No. 668 | Division 60-05 | Project 650100-100000 | OCA Code 668100 | Object Level Three 6601.
SECTION 3. That the City Auditor is hereby authorized to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
SECTION 4. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 5. 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 6. That for the reasons stated in the preamble hereto, 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 its passage if the Mayor neither approves nor vetoes the same.