Explanation
BACKGROUND: The ordinance authorizes the Director of the Public Service Department to enter into a guaranteed maximum reimbursement contract with Royal Tallow Holdings Ltd. for construction of roadways within the AC Humko redevelopment site in the Harrison West neighborhood of Columbus. Royal Tallow Holdings Ltd. have finalized plans for this traditional neighborhood development to include approximately 222 apartments, 62 condominiums and 41 single-family homes. Royal Tallow Holdings Ltd. anticipates site demolition, clean up and infrastructure work to commence in April of this year.
FISCAL IMPACT: This ordinance authorizes the transfer of $400,000 from the Special Income Tax Fund to the Voted 95, Voted 99 Streets and Highways Fund. The Special Income Tax transfer is a temporary measure until the City sells notes or bonds to fund this capital improvement.
EMERGENCY
JUSTIFICATION:
Emergency action is requested in order to undertake the construction of roadways prior to the start of housing construction.
Title
To authorize the Director of the Public Service Department, in accordance with Section 186 of the Columbus City Charter, to enter into a guaranteed maximum reimbursement contract for $400,000 with Royal Tallow Holdings Ltd. for the purpose of roadwork contruction at the former AC Humko site; to authorize the appropriation and transfer of $400,000 from the Special Income Tax Fund to the Voted 95, Voted 99 Streets and Highways Fund; to authorize the City Auditor to pay directly contractor(s) of Royal Tallow Holdings Ltd.; to waive provisions of competitive bidding; to authorize the expenditure of $400,000; and to declare an emergency. ($400,000)
Body
WHEREAS, Royal Tallow Holdings Ltd. has finalized plans for redevelopment of the former AC Humko site, a traditional neighborhood development to include approximately 222 apartments and 103 for sale condominiums; and
WHEREAS, Royal Tallow Holdings Ltd. is administering a $3 million Clean Ohio grant for brownfield remediation on the site; and
WHEREAS, Royal Tallow Holdings Ltd. has full development rights for the former AC Humko site; and
WHEREAS, the Department of Development has agreed to contribute $400,000 of monies from its Economic Development fund and has determined that it is in the City's best interest for the Director of Public Service to enter in the subject agreement with Royal Tallow Holding Ltd. For purposes of constructing roadways; and
WHEREAS, it is necessary for the Director of the Department of Public Service to enter into a guaranteed maximum reimbursement contract with Royal Tallow Holdings Ltd. for $400,000 to start the construction of roadways; and
WHEREAS, it is necessary to authorize the City Auditor to pay directly the contractor(s) of Royal Tallow Holdings Ltd. for work completed under the guaranteed maximum reimbursement contract; and
WHEREAS, emergency action is required so that the construction of roadways may commence prior to the start of housing construction; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize its Director to enter into a construction contract to constitute the interior roadways for the project site for the preservation of the public health, peace, property and safety; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Service, in accordance with Section 186 of the Columbus City Charter, be authorized to enter into a guaranteed maximum reimbursement contract for Four Hundred Thousand Dollars ($400,000.00) with Royal Tallow Holdings Ltd. to construct interior roadways for the AC Humko site redevelopment project, said contract to provide that invoices for work completed may be paid directly by the City Auditor to Royal Tallow Holding Ltd, the subcontractor performing the work, or as may be otherwise directed in writing by joint instruction from Royal Tallow Holdings Ltd.
Section 2. That for the purpose stated in Section 1, the sum of $400,000 is hereby appropriated from the unappropriated balance of the Special Income Tax Fund No. 430, 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, 2004, to the City Auditor, Dept./Div. No.22-01, Object Level One 10, OCA Code 902023, Object Level Three, 5502.
Section 3. That the City Auditor is hereby authorized to transfer said funds to the Voted 95, Voted 99 Streets and Highways Fund No. 704, Project No. 590415, at such time as is deemed necessary by the City Auditor.
Section 4. That the sum of $400,000, or so much thereof as may be necessary, be and is hereby authorized to be appropriated and expended from the Voted 95, Voted 99 Streets and Highways Fund 704, Department of Public Service, Transportation Division, Division No. 59-09, Object Level One 06, OCA Code 644385, Project 590415.
Section 5. That upon obtaining other funds for the AC Humko site redevelopment project, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 3 above, and said funds are hereby deemed appropriated for such purpose.
Section 6. The City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
Section7. That the competitive bidding provisions of Chapter 329 of the City Codes are hereby waived.
Section 8. That for 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.