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File #: 1645-2013    Version: 1
Type: Ordinance Status: Passed
File created: 6/24/2013 In control: Public Service & Transportation Committee
On agenda: 7/15/2013 Final action: 7/18/2013
Title: To amend the 2013 Capital Improvements Budget; to authorize the City Auditor to transfer cash and appropriation between projects within the Streets & 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 Pedestrian Safety Improvements-Olentangy River Road Shared Use Path 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 up to $150,000.00 from the Streets and Highways Bonds Fund; and to declare an emergency. ($150,000.00)
Explanation
 
1.  BACKGROUND
The City of Columbus, Department of Public Service is engaged in the Pedestrian Safety Improvements-Olentangy River Road Shared Use Path project.  This project is along the west side of Olentangy River Road and is between Kinnear and Lane Avenues and between Ackerman and N. Broadway, except between Lane and Ackerman.  
 
The purpose of the Shared Use Path project is to promote and address pedestrian and bike safety issues and provide access to transit.  
 
Successful completion of this project requires that the City acquire fee simple title and lesser interests in and to various properties along the project corridor as additional rights of way.  It is necessary to authorize the City Attorney's Office, Real Estate Division, to contract for professional services, to negotiate with property owners and to expend those funds necessary to acquire the additional rights of way needed to complete these projects.
2.  FISCAL IMPACT
Funds in the amount of $150,000.00 are available for this project in the Streets and Highways Bond Fund within the Department of Public Service.  An amendment to the 2013 Capital Improvements fund is necessary for the purpose of providing sufficient spending authority for the aforementioned project expenditure and will be reimbursed after the 2013 Bond Sale.
 
3.  EMERGENCY DESIGNATION
Emergency action is requested to allow the City Attorneys' Office, Real Estate Division to begin acquisition of the rights of way needed for this project immediately or as soon as needed.  Rights of way have been detailed on the design plans so that utilities can be relocated and construction of the improvements can proceed as currently scheduled.
Title
 
To amend the 2013 Capital Improvements Budget; to authorize the City Auditor to transfer cash and appropriation between projects within the Streets & 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 Pedestrian Safety Improvements-Olentangy River Road Shared Use Path 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 up to $150,000.00 from the Streets and Highways Bonds Fund; and to declare an emergency.  ($150,000.00)
 
Body
 
WHEREAS, the City of Columbus, Department of Public Service is engaged in the Pedestrian Safety Improvements-Olentangy River Road Shared Use Path project; and
WHEREAS, the purpose of the Shared Use Path project is to construct a pedestrian and bike facility along the west side of Olentangy River Road; between Kinnear and Lane Avenue and between Ackerman and N. Broadway, except between Lane and Ackerman; and
WHEREAS, this project include full depth installation of asphalt pavement and base, the installation of upgraded pedestrian / bicycle roadway crossings and ADA compliant ramps; and
WHEREAS, successful completion of this project requires the City to 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 for this project, including professional services, staff costs and land costs have been estimated to be a total of $150,000.00; and
WHEREAS, it is necessary to authorize an amendment to the 2013 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is necessary to authorize the City Attorney's Office, Real Estate Division, to contract for professional services, to negotiate with property owners to acquire the additional rights of way needed to complete this project and to authorize the expenditure of the funds needed to pay for the right of way acquisition expenses associated with this project for the 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 2013 Capital Improvements Budget authorized by ordinance 0645-2013 be and is hereby amended to provide sufficient budget authority for the appropriate projects authorized within this ordinance as follows:
 
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
704 / 590105-100049 / Ped. Safety Imp - Mound -Wilson -Nelson Rds (Voted Carryover) / $37,851.00 / $29,649.00 / $67,500.00 (Cancellation)
 
704 / 590105-100048 / Ped. Safety Imp - King-NW Blvd-Worthington Woods (Voted Carryover) / $10,715.00 / ($9,947.00) / $768.00
704 / 590105-100049 / Ped. Safety Imp - Mound -Wilson -Nelson Rds (Voted Carryover) / $67,500.00 / ($67,500.00) / $0.00
704 / 590105-100064 / Ped. Safety Imp - Southgate Dr (Voted Carryover) / $315,000.00 / ($72,555.00) / $242,445.00
704 / 590105-100036 / Pedestrian Safety - Olentangy River Road (Voted Carryover) / $0.00 / $150,000.00 / $150,000.00
 
704 / 540002-100048 / Bikeway Development - Olentangy River Road SUP (Voted 2008) / $700,000.00 / ($150,000.00) / $550,000.00
704 / 590105-100005 / Ped Safety Imp - Sidewalk Program (Voted 2008) / $1,083,367.00 / $150,000.00 / $1,233,367.00
SECTION 2.  That the City Auditor be and is hereby authorized to transfer cash and appropriation within the Streets and Highways G.O. Bonds Fund, No. 704,  as follows:
 
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100048 / Ped. Safety Imp - King-NW Blvd-Worthington Woods / 06-6600 / 740548 / $9,946.17
704 / 590105-100049 / Ped. Safety Imp - Mound -Wilson -Nelson Rds. / 06-6600 / 740549 / $67,499.07
704 / 590105-100064 / Ped. Safety Imp - Southgate Dr / 06-6600 / 740564 / $72,554.76
 
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100036 / Pedestrian Safety - Olentangy River Road / 06-6600 / 741536 / $150,000.00
 
SECTION 3.  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 Pedestrian Safety Improvements-Olentangy River Road Shared Use Path project.
 
SECTION 4.  That for the purpose of paying the cost 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, the sum of $150,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways G.O. Bond Funds, No. 704, for the Division of Design and Construction, Dept.-Div. 59-09, as follows:
 
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount  
704 / 590105-100036 / Pedestrian Safety - Olentangy River Road / 06-6601 / 741536 / $150,000.00
 
SECTION 5.  That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
 
SECTION 6.  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 7.  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 8.  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.