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File #: 2113-2016    Version: 1
Type: Ordinance Status: Passed
File created: 8/12/2016 In control: Public Utilities Committee
On agenda: 9/26/2016 Final action: 9/27/2016
Title: To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple title and lesser real estate located and contract for associated professional services in order for the Department of Public Utilities to timely complete the Woodward Avenue Sanitary Sewer Public Improvement Project; to authorize a transfer within and expenditure of up to $100,000.00 in funds from the Sanitary Sewer General Obligation Bond Fund; to authorize an amendment to the 2016 Capital Improvements Budget; and to declare an emergency. ($100,000.00)
Attachments: 1. Ord. 2113-2016 Funding; 9.8.pdf

...Explanation

 

BACKGROUND:

 

The City’s Department of Public Utilities (DPU) is engaged in the Woodward Avenue Sanitary Sewer (CIP 650570-100000) Public Improvement Project (“Public Project”). The City must acquire in good faith and accept certain fee simple title and lesser real estate located in the vicinity of Brentnell Avenue and Woodward Avenue, Columbus, OH 43219 (collectively, “Real Estate”) in order 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.) in order for DPU to timely complete the Public Project.

 

CONTRACT COMPLIANCE:

 

Not applicable.

 

FISCAL IMPACT:

 

This legislation authorizes the transfer within of $100,000.00, and the expenditure of up to $100,000.00 from DPU's Sanitary Sewer General Obligation Bond Fund (Fund 6109); and authorizes an amendment to the 2016 Capital Improvements Budget.

 

EMERGENCY JUSTIFICATION

 

Emergency action is requested in order for the City Attorney to acquire the Real Estate in good faith so that DPU may timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.

 

Title

 

To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple title and lesser real estate located and contract for associated professional services in order for the Department of Public Utilities to timely complete the Woodward Avenue Sanitary Sewer Public Improvement Project; to authorize a transfer within and expenditure of up to $100,000.00 in funds from the Sanitary Sewer General Obligation Bond Fund; to authorize an amendment to the 2016 Capital Improvements Budget; and to declare an emergency. ($100,000.00)

 

Body

 

WHEREAS, the City intends to improve the sewer infrastructure in the vicinity of Brentnell Avenue and Woodward Avenue, Columbus, OH 43219 by allowing the Department of Public Utilities (DPU) to engage in the Woodward Avenue Sanitary Sewer (CIP 650570-100000) Public Improvement Project (i.e. Public Project);

 

WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple title and lesser real estate located in the vicinity of Brentnell Avenue and Woodward Avenue, Columbus, OH 43219 (i.e. Real Estate) in order for DPU to complete the Public Project;

 

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.);

 

WHEREAS, the City intends to amend the 2016 Capital Improvements Budget in order to appropriately fund the City Attorney’s exercise of authority pursuant to this ordinance;

 

WHEREAS, an emergency exists in the City’s usual daily operations in that it is immediately necessary to authorize the City Attorney to acquire the Real Estate and contract for associated professional services so that DPU may timely complete the Public Project without unnecessary delay, which will preserve the public peace, property, health, welfare, and safety; and now, therefore,

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:

 

SECTION 1.                     The City Attorney is authorized to acquire in good faith and accept certain fee simple title and lesser real estate located in the vicinity of Brentnell Avenue and Woodward Avenue, Columbus, OH 43219 (i.e. Real Estate) in order for the Department of Public Utilities (DPU) to timely complete the Woodward Avenue Sanitary Sewer (CIP 650570-100000) Public Improvement Project (i.e. Public Project).

 

SECTION 2.                     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 3.                     The City Attorney, in order to exercise the authority described in Sections One (1) and Two (2) of this ordinance, is authorized to spend up to One Hundred Thousand and 00/100 U.S. Dollars ($100,000.00), or as much as may be necessary, from the Sanitary Sewer General Obligation Bond Fund (Fund 6109) according to the account codes in the attachment to this ordinance. 

 

SECTION 4.                     The City Auditor is authorized and directed to transfer up to One Hundred Thousand and 00/100 U.S. Dollars ($100,000.00) from the Sanitary Sewer General Obligation Bond Fund (Fund Number 6109, Division 60-05) according to the account codes in the attachment to this ordinance.

 

Section 5.                      The 2016 Capital Improvements Budget is amended in the Sanitary Sewer General Obligation Bond Fund (Fund 6109) as follows:

 

FUND | PROJECT ID | PROJECT NAME | CURRENT AUTHORITY | CHANGE

6109 | 650510-100031 | Fairwood Facilities Improvement | $0 | $197,525 | +$197,525 (Establish authority to match cash)

6109 | 650510-100031 | Fairwood Facilities Improvement | $197,525 | +$97,525 | (-$100,000)

6109 | 650570-100000 | Woodward Ave Sewer | $0 | $100,000 | (+$100,000)

 

SECTION 6.                      The City Auditor is authorized and directed to establish any appropriate accounting codes once the funds necessary to carry out the purpose of this ordinance are deemed appropriated.

 

SECTION 7.                     The City Auditor is authorized and directed to transfer any unencumbered balance in the Public Project’s account to the unallocated balance within the same fund upon receipt of certification by the director of the department administering the Public Project that the Public Project is complete and the monies are no longer required for the Public Project, except that no transfer can be made from a project account by monies from more than one source.

 

SECTION 8.                     The City Auditor is authorized and directed to establish any proper and appropriate project accounting numbers.

 

SECTION 9.                     The City Auditor is authorized and directed to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.

 

SECTION 10.                     This ordinance, for the reasons stated in the preamble of this ordinance, which are fully incorporated for reference as if rewritten, is declared to be an emergency measure and is required take effect and be in force from and after its passage and approval by the Mayor or ten (10) days after its passage if the Mayor neither approves nor vetoes this ordinance.