Explanation
1. BACKGROUND
The following ordinance authorizes the City Attorney's Office, Real Estate Division to hire professional services (e.g. surveys, title work, appraisals, etc.) and to negotiate with property owners to acquire the various property rights necessary to complete the Roadway - Livingston Ave - 18th St to Nelson Rd project in the Livingston Avenue Area Planning Area (62). This legislation also seeks to authorize the Director of Public Service, or a designee, to execute agreements with Norfolk Southern Railway Company (“Norfolk Southern”), to facilitate the construction of this project.
The Department of Public Service is engaged in the Roadway - Livingston Ave - 18th St to Nelson Rd project. This project includes design improvements to the Livingston Avenue corridor from 18th Street to Nelson Road. A safety study was initiated by the City that included public engagement with a steering committee made up of community members. The purpose of this plan is to reconstruct approximately 9,100 feet of roadway and sidewalks that will run between 18th Street and Nelson Road, including lane relocation, addition of bike lanes, replacement of traffic signals, and street lighting.
The cost to acquire the right-of-way needed to complete the project is estimated at $1,200,000.00. 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.
Ordinance 2862-2022 authorized the Director of Public Service to formally apply for a Safe Streets and Road for All Grant for the Livingston Avenue corridor between 18th Street and Nelson Road. The City was successful and received an award of $12,000,000.00 to complete the construction portion of the project. The award stipulates that the project must be completed five years from the time the grant agreement is executed.
Ordinance 2182-2025 authorized the Director of Public Service to enter into agreements, including reimbursement, with Norfolk Southern Railway Company, relative to the Roadway - Livingston Ave - 18th St to Nelson Rd project.
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
Funds in the amounts of $1,200,000.00 are budgeted and available for this project in Fund 7704, the Streets and Highways Bond Fund. An amendment to the 2025 Capital Improvements Budget and a transfer of funds are necessary to align funding for these project expenditures. Funds are appropriated.
3. EMERGENCY DESIGNATION
Emergency action is requested to complete the project in a timely manner to prevent delays in the project schedule and meet deadlines for leveraged grant funding from United States Department of Transportation (USDOT) and to ensure funds are available to make all offers to property owners when appraisals are complete, thereby to preserve the safety of the traveling public.
Title
To amend the 2025 Capital Improvement Budget; to authorize the City Auditor to transfer funds between projects within the Streets and Highways Bond 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 - Livingston Ave - 18th St to Nelson Rd 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 $1,200,000.00 from the ODOT Highway Safety Improvement Program and the Streets and Highways Bond Fund to pay for the project; to authorize the Director of Public Service, or a designee, to execute a construction contract, or a similar instrument, and any amendments or modifications thereto as may be necessary, with Norfolk Southern to facilitate the construction of the Roadway - Livingston Ave - 18th St to Nelson Rd project; and to declare an emergency. ($1,200,000.00)
Body
WHEREAS, the City of Columbus is engaged in Roadway - Livingston Ave - 18th St to Nelson Rd project; and
WHEREAS, the project includes design improvements to the Livingston Avenue corridor from the 18th Street to Nelson Road. A safety study was initiated by the City that included public engagement with a steering committee made up of community members. The purpose of this plan is to reconstruct approximately 9,100 feet of roadway and sidewalks that will run between 18th Street and Nelson Road, including lane relocation, addition of bike lanes, replacement of traffic signals and street lighting; 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 costs, including professional services (e.g. surveys, title work, appraisals, etc.), staff and land costs, have been estimated to total $1,200,000.00; and
WHEREAS, this ordinance authorizes funding in the amount of $1,200,000.00 for that purpose; and
WHEREAS, it is necessary to authorize an amendment to the 2025 Capital Improvements Budget and transfer cash to provide for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize a transfer of funds within Fund 7704, the Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; and
WHEREAS, the aforementioned project also requires the consent and cooperation of Norfolk Southern which operates within the project limits, to identify and mitigate potential conflicts between existing rail operations and the planned public improvements; and
WHEREAS, this legislation seeks to authorize the execution of a construction contract, or a similar instrument, between the Department of Public Service and Norfolk Southern, for that purpose; and
WHEREAS, this ordinance authorizes the City Attorney's Office Real Estate Division to expend $1,200,000.00, 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 - Livingston Ave - 18th St to Nelson Rd project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the necessary right-of-way acquisition for the project to provide necessary right-of-way acquisition funding in order to prevent delays in the project schedule and meet deadlines for leveraged grant funding from the United States Department of Transportation (USDOT) and to ensure funds are available to make all offers to property owners when appraisals are complete, thereby to preserve the safety of the traveling public, 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 2025 Capital Improvements Budget authorized by ordinance 1790-2025 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change / C.I.B. as Amended
7704 / P531079-100000 / Roadway - Livingston Ave - 18th St to Nelson Rd / $649,999.00 / $1.00 / $650,000.00 (to match cash)
7704 / P531080-100000 / Roadway - LinkUS - Main Category (Voted Carryover) / $3,700,000.00/ ($550,000.00) / $3,150,000.00
7704 / P531079-100000 / Roadway - Livingston Ave - 18th St to Nelson Rd / $650,000.00 / $550,000.00 / $1,200,000.00
SECTION 2. 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 (e.g. surveys, title work, appraisals, etc.), and to negotiate with property owners to acquire the additional rights of way needed to complete the Roadway - Livingston Ave - 18th St to Nelson Rd project in an amount up to $1,200,000.00.
SECTION 3. That the transfer of $550,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P531080-100000 (Roadway - LinkUS - Main Category), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P531079-100000 (Roadway - Livingston Ave - 18th St to Nelson Rd), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the expenditure of $1,200,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highway Bonds Fund ) in Dept-Div 5912 (Design and Construction), Project P531079-100000 (Roadway - Livingston Ave - 18th St to Nelson Rd), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 5. That the Director of Public Service, or a designee, be and hereby is authorized to execute a construction contract, or a similar instrument, and any amendments or modifications thereto as may be necessary, with Norfolk Southern to facilitate the construction of the Roadway - Livingston Ave - 18th St to Nelson Rd project.
SECTION 6. That 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 7. 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 8. 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 9. 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.