Explanation
1. BACKGROUND
The following ordinance authorizes the City Attorney's Office, Real Estate Division to hire professional services and to negotiate with property owners to acquire the various property rights necessary to complete the Roadway - W. Fulton Street - Short Street to Second Street project in the Brewery District Planning Area (60).
The Department of Public Service is engaged in the Roadway - W. Fulton Street - Short Street to Second Street project. This project consists of constructing a new roadway, widening, new curb, sidewalk, driveway, storm sewer system, and street lighting on West Fulton Street from Short Street to Second Street.
The cost to acquire the right-of-way needed to complete the project is estimated at $400,000.00. If the cost to acquire the needed right-of-way should exceed this estimate, additional legislation will be submitted to Council requesting the needed funding.
The Department of Public Service is currently finalizing construction plans and is prepared to authorize right-of-way acquisition pending passage of this funding legislation.
2. FISCAL IMPACT
Funding, in the amount of $323,490.50, is available in Fund 4409 (Brewery District TIF Fund). Funds will need to be appropriated in Fund 4409, transferred to Fund 7740 (Brewery District Fund), and then appropriated in Fund 7740.
The remaining funding, in the amount of $76,509.40, is available within Fund 7740 (Brewery District Fund). A transfer of cash is needed to align spending with the proper project, and then appropriated in Fund 7740.
3. EMERGENCY DESIGNATION
Emergency action is requested so right-of-way can be acquired to allow construction to proceed as scheduled, preventing delays in the Department of Public Service’s Capital Improvement Program to ensure the safety of the traveling public.
Title
To transfer funds within the Brewery District Fund; to appropriate funds within the Brewery District TIF Fund; to transfer funds from the Brewery District TIF Fund to the Brewery District Fund; to appropriate funds within the Brewery District Fund; to authorize the City Attorney's Office, Real Estate Division, to contract for professional services relative to the acquisition of fee simple title and lesser interests in and to property needed for the Roadway - W. Fulton Street - Short Street to Second Street project; to authorize the City Attorney's Office, Real Estate Division, to negotiate with property owners to acquire the additional rights of way necessary to complete this project; to authorize the expenditure of $400,000.00 from the Brewery District Fund; and to declare an emergency. ($400,000.00)
Body
WHEREAS, the City of Columbus is engaged in the Roadway - W. Fulton Street - Short Street to Second Street project; and
WHEREAS, the project will include a new roadway, widening, new curb, sidewalk, driveway, storm sewer system, and street lighting on West Fulton Street from Short Street to Second Street; and
WHEREAS, successful completion of this project necessitates the City acquire fee simple title and lesser interests in and to various properties located along the project corridor as additional rights-of-way; and
WHEREAS, right-of-way acquisition cost, including professional services, staff and land costs, have been estimated to total $400,000.00; and
WHEREAS, this ordinance authorizes funding in the amount of $400,000.00 for that purpose through the Department of Development; and
WHEREAS, it is necessary to transfer funds within Fund 7740 Brewery District Fund; and
WHEREAS, it is necessary to appropriate funds in Fund 4409 Brewery District TIF Fund and in Fund 7740 Brewery District Fund; and
WHEREAS, it is necessary for Council to authorize a transfer of funds from Fund 4409 Brewery District TIF Fund, to Fund 7740 Brewery District Fund, to establish sufficient cash to pay for the project; and
WHEREAS, this ordinance authorizes the City Attorney's Office, Real Estate Division to expend $400,000.00, or so much thereof as may be necessary, to hire professional services and to negotiate with property owners to acquire the various property rights necessary to complete the Roadway - W. Fulton Street - Short Street to Second Street project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to establish the funds so right-of-way can be acquired to allow construction to proceed as scheduled, preventing delays in the Department of Public Service’s Capital Improvement Program, to ensure the safety of the traveling public 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 transfer of $61,589.50, or so much thereof as may be needed, is hereby authorized within Fund 7740 (Brewery District Fund), from Dept-Div 5912 (Design and Construction), Project P530161-100184 (Roadway Improvements - Short Street - Liberty Street to Sycamore St), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P531027-100000 (Roadway - W. Fulton Street - Short Street to Second Street), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 2. That the transfer of $14,920.00, or so much thereof as may be needed, is hereby authorized within Fund 7740 (Brewery District Fund), from Dept-Div 4402 (Economic Development), Project P782029-100000 (3rd Street Cap), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P531027-100000 (Roadway - W. Fulton Street - Short Street to Second Street), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That from the unappropriated monies 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 ended December 31, 2022, the sum of $323,490.50 is appropriated in Fund 4409 (Brewery District TIF Fund), Dept-Div 4402 (Economic Development), in Object Class 10 (Transfer Out Operating) per the account codes in the attachment to this ordinance.
SECTION 4. That the transfer of $323,490.50 or so much thereof as may be needed, is hereby authorized from Fund 4409 (Brewery District TIF Fund), Dept-Div 4402 (Economic Development) to Fund 7740 (Brewery District Fund), Dept-Div 5912 (Design and Construction) per the account codes in the attachment to this ordinance.
SECTION 5. That from the unappropriated monies 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 ended December 31, 2022, the sum of $400,000.00 is appropriated in Fund 7740 (Brewery District Fund), Dept-Div 5912 (Design and Construction), Project P531027-100000 (Roadway - W. Fulton Street - Short Street to Second Street), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. That the City Attorney's Office, Real Estate Division, be, and hereby is, authorized to acquire fee simple title and lesser interests in and to certain parcels of real estate, to contract for professional services, and to negotiate with property owners to acquire the additional rights of way needed to complete the Roadway - W. Fulton Street - Short Street to Second Street project in an amount up to $400,000.00.
SECTION 7. That the expenditure of $400,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7740 (Brewery District Fund), Dept-Div 5912 (Design and Construction), Project P531027-100000 (Roadway - W. Fulton Street - Short Street to Second Street), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 8. Funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 9. 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 10. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account 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.
SECTION 11. 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.