City of Columbus - File #: 0176-2011

• File #: 0176-2011
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 1/26/2011
• In control: Public Service & Transportation Committee
• On agenda: 2/14/2011
• Final action: 2/16/2011
• Title: To authorize the expenditure of $77,725.00 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to complete the court ordered acquisition of Parcel 5 WD, T from Zaheer Fuel, LLC for the Hudson Street and High Street intersection improvements from the Build America Bonds Fund; to amend the 2010 C.I.B.; to authorize the transfer of monies within the Build America Bonds Fund; and to declare an emergency. ($77,725.00)

Date	Ver.	Action By	Action	Result
2/16/2011	1	CITY CLERK	Attest
2/15/2011	1	MAYOR	Signed
2/14/2011	1	Columbus City Council	Approved	Pass
2/14/2011	1	COUNCIL PRESIDENT	Signed
2/4/2011	1	CITY AUDITOR	Reviewed and Approved
2/4/2011	1	Auditor Reviewer	Reviewed and Approved
2/4/2011	1	Service Drafter	Sent for Approval
2/4/2011	1	CITY ATTORNEY	Reviewed and Approved
2/4/2011	1	Service Drafter	Sent to Clerk's Office for Council
2/3/2011	1	Finance Reviewer	Reviewed and Approved
2/3/2011	1	Finance Reviewer	Reviewed and Approved
2/3/2011	1	FINANCE DIRECTOR	Reviewed and Approved
2/3/2011	1	Service Drafter	Sent for Approval
2/2/2011	1	Finance Reviewer	Reviewed and Approved
2/1/2011	1	Service Reviewer	Reviewed and Approved
2/1/2011	1	Service Drafter	Sent for Approval
2/1/2011	1	SERVICE DIRECTOR	Reviewed and Approved	Pass
2/1/2011	1	Service Drafter	Sent for Approval
1/26/2011	1	Service Drafter	Sent for Approval

Explanation
1. BACKGROUND
The City of Columbus Department of Public Service was involved in the construction of an intersection improvement project at the intersection of Hudson Street and High Street in 2008 along with various other intersection projects. It was bid in mid 2008 and the intersection improvements have been constructed; however, acquisition of the final parcel of right-of-way needed for this project has not been completed. In early 2008 Zaheer Fuel, LLC (Parcel 5 WD, T) executed a purchase contract for the additional right-of-way needed from their site and the City Attorney's office requested a warrant for $77,725.00 from the City Auditor's office. A warrant (Warrant 852607) was issued for the purchase of Parcel 5 and the City Attorney's office attempted to secure a "partial release of mortgage" from the mortgage company before completing the acquisition of the property.

The City's initial efforts to secure the necessary release were unsuccessful and after approximately 10 months, the Auditor's office requested the return of the Warrant with an assurance the funds would be placed back on the original acquisition Auditor's Certificate. In December of 2008, the Warrant was returned and the AC was credited with $77,725.00. By October of 2009, the City had finally secured the partial release of mortgage but an IRS lien had been filed against the property. The property owner was unable to negotiate a payment arrangement with the IRS. In an effort to resolve the matter to the satisfaction of all of the parties, in June of 2010 the City Attorney's office filed an appropriation complaint but did not place the $77,725.00 on deposit with the court. Several months later, once all of the parties to the lawsuit and the City had reached a settlement, the City Attorney's office again requested a warrant for the $77,725.00. At that time it was determined the original hire and acquire AC had been accidently canceled and that there were no funds avail...