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File #: 0814-2009    Version:
Type: Ordinance Status: Passed
File created: 5/29/2009 In control: Public Service & Transportation Committee
On agenda: 6/15/2009 Final action: 6/17/2009
Title: To authorize the expenditure of $1,300,000.00 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to complete continue acquisition of the rights-of-way needed for the Parsons/Livingston Avenue Roadway Improvements project; to authorize the transfer of funds from the Streets and Highways G.O. Bonds Fund to the Fed-State Highway Engineering Fund; and to declare an emergency. ($1,300,000.00)
Date Ver.Action ByActionResultAction DetailsMeeting Details
6/17/20092 CITY CLERK Attest  Action details Meeting details
6/16/20092 MAYOR Signed  Action details Meeting details
6/15/20091 Columbus City Council Amended as submitted to the ClerkPass Action details Meeting details
6/15/20092 Columbus City Council Approved as AmendedPass Action details Meeting details
6/15/20092 COUNCIL PRESIDENT Signed  Action details Meeting details
6/5/20091 CITY AUDITOR Contingent  Action details Meeting details
6/5/20091 CITY AUDITOR Contingent  Action details Meeting details
6/5/20091 Service Drafter Sent for Approval  Action details Meeting details
6/5/20091 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
6/5/20091 Service Drafter Sent to Clerk's Office for Council  Action details Meeting details
6/4/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
6/4/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
6/4/20091 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
6/4/20091 Service Drafter Sent for Approval  Action details Meeting details
6/3/20091 Service Drafter Sent for Approval  Action details Meeting details
6/3/20091 Service Drafter Sent for Approval  Action details Meeting details
6/2/20091 Service Reviewer Reviewed and Approved  Action details Meeting details
6/1/20091 Service Drafter Sent for Approval  Action details Meeting details
 
 
Explanation
1.  BACKGROUND
This legislation authorizes the City Attorney to expend up to an additional $1.3 Million Dollars in connection with acquiring right-of-way for the Parsons/Livingston Avenue Roadway Improvements Project.
 
The Department of Public Service, Division of Design and Construction is in the process of administering the subject project that will assist the private development initiative currently being undertaken by Nationwide Children's Hospital.  The hospital's growth plans will retain and add significant job opportunities for the City of Columbus.  The City's roadway improvement project will be constructed with American Recovery and Revitalization Act of 2009 funding.
 
The purpose of this public improvement project is to widen and improve Livingston Avenue from Ninth Street east to Ohio Avenue and to widen and improve Parsons Avenue from Jackson Street north to a point approximately 200 feet north of Kennedy Drive.  This project includes full depth pavement replacement, installation of traffic medians and installation of upgraded tree lawns, street lighting, sidewalks and ADA compliant ramps.  
 
The City is currently finalizing construction plans and is actively involved in right-of-way acquisition associated with this project.  Ordinance 1398-2008 (AC028955) authorized the City Attorney's office, Real Estate Division, to expend $300,000.00 for preliminary acquisition related activities associated with this project.  Title work and appraisal work associated with this project are complete.  It is now necessary to authorize the City Attorney's Real Estate Division staff to expend an additional $1,300,000.00 for land acquisition and other costs associated with the acquisition of the rights-of-way needed for this project.
 
2.  FISCAL IMPACT
Funding and Budget Authority have been identified and established within the 2009 Capital Improvements Budget.  
 
3.  EMERGENCY DESIGNATION
This project has been identified to received funding for construction as part of the American Recovery and Reinvestment Act of 2009.  Failure to complete right-of-way acquisition in a timely manner may result in the loss of the Federal stimulus dollars.  Emergency action is requested to allow right-of-way acquisition to remain on schedule.
 
Title
To authorize the expenditure of $1,300,000.00 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to complete continue acquisition of the rights-of-way needed for the Parsons/Livingston Avenue Roadway Improvements project; to authorize the transfer of funds from the Streets and Highways G.O. Bonds Fund to the Fed-State Highway Engineering Fund; and to declare an emergency.  ($1,300,000.00)
 
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Design and Construction, is engaged in the Parsons/Livingston Avenue Roadway Improvements project; and
 
WHEREAS, the purpose of this project is to widen and improve Livingston Avenue from Ninth Street east to Ohio Avenue and to widen and improve Parsons Avenue from Jackson Street north to a point approximately 200 feet north of Kennedy Drive; and
 
WHEREAS, improvements contemplated by this project include full depth pavement replacement, installation of traffic medians and installation of upgraded tree lawns, street lighting, sidewalks and ADA compliant ramps; and
 
WHEREAS, the City is currently finalizing construction plans and is actively involved in right-of-way acquisition associated with this project; and
 
WHEREAS, Ordinance 1398-2008 (AC028955) authorized the City Attorney's office, Real Estate Division, to expend $300,000.00 for preliminary acquisition related activities associated with this project; and
 
WHEREAS, title work and appraisal work associated with this project are complete; and
 
WHEREAS, it is estimated additional funding, in the amount of $1,300,000.00 for land acquisition and other costs associated with the acquisition of the rights-of-way needed for this project will be required; and
 
WHEREAS, the following legislation authorizes the City Attorney's Real Estate Division to expend an additional $1,300,000.00 from the Fed-State Highway Engineering Fund to complete continue right-of-way acquisition associated with this project; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction in that this project has been designated a part of the American Recovery and Reinvestment Act of 2009 and it is immediately necessary to authorize the expenditure of the additional funds required to complete continue right-of-way acquisition on schedule thereby preserving the Federal funds and 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's Office, Real Estate Division, be and is hereby authorized to expend $1,300,000.00, or so much thereof as may be necessary from the Fed-State Highway Engineering Fund as follows: Grant and OCA to be established by the City Auditor; Department/Division 59-12; Minor Object 6601; to pay those costs relative to the acquisition of right-of-way required for the Parsons/Livingston Avenue Roadway Improvements Project.
 
Section 2. That the Transfer of Funds between the Streets and Highways G.O. Bonds Fund and the Fed-State Highway Engineering Fund be authorized as follows:
 
From:
Fund / Project No. / Project  / O.L. 03 Codes / OCA Code / Amount
704 / 590131 / Miscellaneous Development / 5501 / 591132 / $1,300,000.00
 
To:
Fund / Grant / Grant Name / O.L. 01-03 Codes / Amount
765 / Grant and OCA Numbers to be established by the Auditor / Parsons/Livingston / 0886 / $1,300,000.00
 
Section 3.   That the sum of $1,300,000.00 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, 2009 to Dept-Div. 59-12, the Division of Design and Construction as follows:
 
Fund / Grant / Grant Name / O.L. 01-03 Codes / Amount
765 / Grant and OCA Numbers to be established by the Auditor / Parsons/Livingston / 06-6600 /  $1,300,000.00
 
Section 4.   That the monies appropriated in the foregoing Section 6 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 5.  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.