Explanation
1. BACKGROUND
This ordinance authorizes the City Attorney’s Office to expend additional funds in an amount up to $10,000.00 to acquire real estate needed for the Sheldon - Lockbourne HSTS Elimination Project, C.I.P. No. 650790-122183.
The City’s Department of Public Utilities (“DPU”) is engaged in acquiring real estate for the Sheldon - Lockbourne HSTS Elimination Project, C.I.P. No. 650790-122183 (“Public Project”). The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of the west side of Lockbourne Road between Moler Road and Markison Avenue (collectively, “Real Estate”) for DPU to complete the Public Project. Accordingly, DPU requested the City Attorney to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.) for DPU to timely complete the Public Project.
An initial estimate of the cost to acquire Real Estate for the Public Project was established in the amount of $30,000.00. Ordinance 0517-2025, passed by City Council on 03/24/25, authorized up to $30,000.00 to be expended to acquire the Real Estate. The initial estimate was not sufficient to complete the acquisition. It is now estimated another $10,000.00 is needed to complete the acquisition.
The Columbus Community for this project is 63-Southside.
2. CONTRACT COMPLIANCE
Not applicable.
3. FISCAL IMPACT
Funding in the amount of $10,000.00 is available and appropriated in the Sanitary Bond Fund, Fund 6109. An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project. A transfer of cash and appropriation is needed to align cash and appropriation with the proper project.
4. EMERGENCY DESIGNATION
Emergency designation is requested to prevent unnecessary delay in completing the Public Project to prevent damage to property from flooding during heavy rainstorms.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate located in the vicinity of the west side of Lockbourne Road between Moler Road and Markison Avenue, and contract for associated professional services in order for the Department of Public Utilities to timely complete the acquisition of Real Estate for the Sheldon - Lockbourne HSTS Elimination Project; to authorize an amendment to the 2025 Capital Improvement Budget; to authorize the transfer of cash and appropriation between projects within the Sanitary Bond Fund; to authorize the expenditure of up to $10,000.00 from the Sanitary Bond Fund; and to declare an emergency. ($10,000.00)
Body
WHEREAS, the City intends to design and construct sanitary sewers along portions of Sheldon and Lockbourne Avenue between Linwood Avenue and Lockbourne Road. The new sanitary sewer extension will serve this developed area of the City of Columbus that is currently served by home sewage treatment systems. The sewer will be designed to provide basement service in the vicinity of the west side of Lockbourne Road between Moler Road and Markison Avenue by allowing the Department of Public Utilities (“DPU”) to engage in the acquisition of Real Estate for the Sheldon - Lockbourne HSTS Elimination Project (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple and lesser real estate located in the vicinity of the west side of Lockbourne Road between Moler Road and Markison Avenue (“Real Estate”) in order for DPU to complete the Public Project; and
WHEREAS, the City intends for the City Attorney to spend City funds to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.); and
WHEREAS, Ordinance 0517-2025, passed by City Council on 3/24/26, authorized up to $30,000.00 to be expended to acquire the Real Estate; and
WHEREAS, additional funding in the amount of up to $10,000.00 is estimated to be needed to complete the acquisition; and
WHEREAS, the 2025 Capital Improvement Budget must be modified to align budget authority with the proper project; and
WHEREAS, it is necessary for this Council to authorize the expenditure of up to thirty thousand and 00/100 U.S. Dollars ($10,000.00) from the Sanitary Bond Fund, Fund 6109, to acquire this Real Estate; and
WHEREAS, an emergency exists in the usual daily operation of DPU in that it is immediately necessary to authorize this acquisition to prevent unnecessary delay in completing the Public Project to prevent damage to property from flooding during heavy rainstorms, 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 2025 Capital Improvements Budget authorized by Ordinance 1790-2025 be amended as follows to establish sufficient budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6109 / 650725-100028 / West Side Trunk Rehab - Phase 2 (Voted Sanitary Carryover) / $70,000.00 / $60,000.00 / ($10,000.00)
6109 / 650790-122183 / Sheldon - Lockbourne HSTS Elimination Project (Voted Sanitary Carryover) / $30,000.00 / $40,000.00 / $10,000.00
SECTION 2. That a transfer of cash in an amount up to $10,000.00 is authorized between projects within the Sanitary Bond Fund, Fund 6109, per the accounting codes in the attachment to this ordinance
SECTION 3. That the City Attorney is authorized to acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of the west side of Lockbourne Road between Moler Road and Markison Avenue (“Real Estate”) in order for the Department of Public Utilities (“DPU”) to timely complete the acquisition of the Real Estate for the Sheldon - Lockbourne HSTS Elimination Project (“Public Project”).
SECTION 4. That the City Attorney is authorized to contract for professional services (e.g. surveys, title work, appraisals, etc.) associated with the Real Estate’s acquisition for the Public Project.
SECTION 5. That the City Attorney, in order to exercise the authority described in Sections Three (3) and Four (4) of this ordinance, is authorized to spend an additional ten thousand and 00/100 U.S. Dollars ($10,000.00), or as much as may be necessary, from the Sanitary Bond Fund, Fund 6109, according to the account codes in the attachment to this ordinance.
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 this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.