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File #: 0794-2005    Version: 1
Type: Ordinance Status: Passed
File created: 4/20/2005 In control: Public Service & Transportation Committee
On agenda: 5/23/2005 Final action: 5/25/2005
Title: To authorize the City Auditor to transfer $80,000.00 between projects within the 1995, 1999 Voted Streets and Highways Fund; to authorize the transfer of $80,000.00 from this Fund to the Federal State Highway Engineering Fund; to appropriate $400,000.00 within the Federal State Highway Engineering Fund; to authorize the City Attorney to expend $400,000.00 or so much of as may be necessary for right of way acquisition-related activities including the acquisition of fee simple title and lesser interests in and to property needed for the Sidewalk Installation Program, COTA Routes project for the Transportation Division, and to declare an emergency. ($400,000.00)
Attachments: 1. Real Estate Agreement 05-0010.pdf
Date Ver.Action ByActionResultAction DetailsMeeting Details
5/25/20051 ACTING CITY CLERK Attest  Action details Meeting details
5/24/20051 MAYOR Signed  Action details Meeting details
5/23/20051 Columbus City Council ApprovedPass Action details Meeting details
5/23/20051 COUNCIL PRESIDENT Signed  Action details Meeting details
5/13/20051 Service Drafter Sent for Approval  Action details Meeting details
5/13/20051 Auditor Reviewer Reviewed and Approved  Action details Meeting details
5/13/20051 CITY AUDITOR Reviewed and Approved  Action details Meeting details
5/13/20051 Service Drafter Sent to Clerk's Office for Council  Action details Meeting details
5/12/20051 Finance Reviewer Reviewed and Approved  Action details Meeting details
5/12/20051 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
5/11/20051 SERVICE DIRECTOR Reviewed and Approved  Action details Meeting details
5/10/20051 Atty Reviewer Reviewed and Approved  Action details Meeting details
5/9/20051 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
5/9/20051 SERVICE DIRECTOR Reviewed and Approved  Action details Meeting details
5/4/20051 SERVICE DIRECTOR Reviewed and Approved  Action details Meeting details
4/25/20051 Service Reviewer Reviewed and Approved  Action details Meeting details
4/25/20051 Service Drafter Sent for Approval  Action details Meeting details
4/20/20051 Service Drafter Sent for Approval  Action details Meeting details
Explanation
 
Background: The Transportation Division is engaged in the Sidewalk Installation Program, COTA Routes project.  The purpose of this project is to provide Americans with Disabilities Act (ADA)-compliant sidewalk and curb ramp facilities where none currently exist for portions of Augusta Avenue, Atlanta Drive, Sullivant Avenue, Cleveland Avenue, Ackerman Road, and Dodridge Street.  Right-of-way costs for this project are estimated to be $400,000.00 per the City of Columbus/Ohio Department of Transportation Real Estate Agreement (Agreement No. 05-0010).  Right-of-way costs in this estimate include title and title updates, appraisals, appraisal reviews, closings and recordings, land acquisition, acquisition relocation (if applicable), utility relocation and labor costs.  As currently programmed, this project provides eighty percent (80%) Federal participation and twenty percent (20%) local participation in the total project right-of-way costs with a $352,000.00 cap on the Federal participation.  This legislation authorizes the City Attorney to expend $400,000.00 or so much thereof as may be necessary to complete acquisition-related activities for this project.
 
Fiscal Impact:  Acquisition-related expenses are currently estimated to total $400,000.00.  Twenty percent (20%), or $80,000.00, of this total is the City's responsibility.  This amount is available within the Transportation Division's 2004 Capital Improvements Budget in the 1995, 1999 Voted Streets and Highways Fund in the Urban Infrastructure project.  This ordinance transfers $80,000.00 between projects within this Fund, transfers the $80,000.00 to the Federal State Highway Engineering Fund, appropriates it and the eighty percent (80%) federal match portion ($320,000.00) there and authorizes the entire $400,000.00 for expenditure.  
 
Emergency action is requested to allow right-of-way acquisition-related activities previously authorized by the Ohio Department of Transportation to be initiated by the City Attorney's Office, Real Estate Division, as soon as possible so that right-of-way acquisition and utility relocation can be completed and certified to the State of Ohio on or before March 1, 2007, as required by the above-referenced Real Estate Agreement.
 
 
 
Title
 
To authorize the City Auditor to transfer $80,000.00 between projects within the 1995, 1999 Voted Streets and Highways Fund; to authorize the transfer of $80,000.00 from this Fund to the Federal State Highway Engineering Fund; to appropriate $400,000.00 within the Federal State Highway Engineering Fund; to authorize the City Attorney to expend $400,000.00 or so much of as may be necessary for right of way acquisition-related activities including the acquisition of fee simple title and lesser interests in and to property needed for the Sidewalk Installation Program, COTA Routes project for the Transportation Division, and to declare an emergency.  ($400,000.00)
 
 
 
Body
 
WHEREAS, the Transportation Division is engaged in the Sidewalk Installation Program, COTA Routes project; and
 
WHEREAS, the purpose of this project is to provide Americans with Disabilities Act (ADA)-compliant sidewalk and curb ramp facilities where none currently exist for portions of Augusta Avenue, Atlanta Drive, Sullivant Avenue, Cleveland Avenue, Ackerman Road, and Dodridge Street; and
 
WHEREAS, according to the City of Columbus/Ohio Department of Transportation Real Estate Agreement (Agreement No. 05-0010) estimated right-of-way costs for this project are expected to total $400,000.00; and
 
WHEREAS, estimated right-of-way costs include title and title updates, appraisals, appraisal reviews, closings and recordings, land acquisition, acquisition relocation (if applicable), utility relocation and labor costs; and
 
WHEREAS, this project as currently programmed provides for eighty percent (80%) Federal participation and twenty percent (20%) local participation in the total project right-of-way costs with a $352,000.00 cap on the Federal participation; and
 
WHEREAS, funds are available within the 1995, 1999 Voted Streets and Highways Fund for the City's portion of this expense; and
 
WHEREAS, this legislation transfers $80,000.00 between projects within this Fund, transfers the $80,000.00 to the Federal State Highway Engineering Fund, appropriates it and the eighty percent (80%) federal match portion ($320,000.00) there and authorizes the City Attorney to expend $400,000.00 or so much thereof as may be necessary for this project; and
 
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to begin acquisition of necessary right-of-way for the Sidewalk Installation Program, COTA Routes project so that right-of-way acquisition and utility relocation can be completed and certified to the State of Ohio on or before March 1, 2007 as required by this Real Estate Agreement, 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 Auditor is hereby authorized to transfer $80,000.00 between projects within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, as follows:
 
TRANSFER FROM:
Project Number / Project / Object Level 01/03 Codes / OCA Code
440005 / Urban Infrastructure / 06/6600 / 644385
 
Total Transfer From:  $80,000.00
 
 
TRANSFER TO:
Project Number / Project / Object Level 01/03 Codes / OCA Code
530790 / Sidewalk Program / 06/6600/ 644385
 
Total Transfer To:  $80,000.00
 
 
SECTION 2.  That the City Auditor is hereby authorized to transfer $80,000.00 between projects within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, as follows:
 
TRANSFER FROM:
Project Number / Project / Object Level 01/03 Codes / OCA Code
530790 / Sidewalk Program / 06/6600/ 644385
 
Total Transfer From:  $80,000.00
 
 
TRANSFER TO:
Project Number / Project / Object Level 01/03 Codes / OCA Code
530790 / Sidewalk Program / 10/5501/ 644385
 
Total Transfer To:  $80,000.00
 
 
SECTION 3.  That the City Auditor is hereby authorized and directed to transfer $80,000.00 from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Transportation Division to Fund 765, the Federal State Highway Engineering Fund, as follows:
 
TRANSFER FROM:
Fund / Dept. # / Project / OCA Code / Object Level 01/03 Codes / Amount
704 / 59-09 / 530790 / 644385 / 10/5501 / $80,000.00
 
Total Transfer From:  $80,000.00
 
 
TRANSFER TO:
Fund / Dept. # / Grant  / OCA Code / Object Level 01/03 Codes / Amount
765 / 59-09 / 595010 / 595010 / 80/0886 / $80,000.00
 
Total Transfer To:  $80,000.00      
            
      
SECTION 4.  That from the unappropriated monies in 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, 2005, the sum of $80,000.00 be and hereby is appropriated to the Public Service Department, Transportation Division, Department No. 59-09, as follows for right of way acquisition-related activities including the acquisition of fee simple title and lesser interests in and to property needed for the Sidewalk Installation Program, COTA Routes project:
 
Grant / Grant name / OCA Code / Object Level 01/03 Codes / Amount
595010 / COTA Sidewalks / 595010 / 06/6601 / $80,000.00
 
Total:        $80,000.00
 
 
SECTION 5.  That the City Attorney be and hereby is authorized to begin acquisition-related activities necessary to acquire fee simple title and lesser interests in and to those parcels needed for the Sidewalk Installation Program, COTA Routes project.
 
SECTION 6.  That for the purpose of paying for said acquisition costs for the Sidewalk Installation Program, COTA Routes project, the City Attorney's Office, Real Estate Division be and hereby is authorized to expend $400,000.00 or so much thereof as may be necessary from Fund 765, the Federal State Highway Engineering Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 595010 and Grant 595010.
 
SECTION 7.  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.