...EXPLANATION
BACKGROUND:
The City and the City of Westerville, Ohio, an Ohio municipal corporation (“Westerville”) - (City & Westerville, collectively, “Parties”), presently manage and operate a 1.8 mile, approximately, multi-use path along Hoover Reservoir and Big Walnut Creek greenway between Central College Road and Maxtown Road (“Existing Path”). The Parties’ management and operation of the Existing Path is memorialized in an easement instrument described and recorded in 200702060022442, Recorder’s Office, Franklin County, Ohio. The Parties agree additional clarifications are required in order to properly manage and operate the Existing Path. Additionally, Westerville desires to construct a 0.9 mile, approximately, extension of the Existing Path from Smothers Road to Maxtown Road in Genoa Township on real property owned by the City and public right-of-way owned by Westerville (“Path Extension”) - (Existing Path & Path Extension, collectively, “Path”). The City’s Finance and Management Department (“Finance”), Department of Public Utilities (“DPU”), and Columbus Recreation and Parks Department (“CRPD”) are all supportive of the Path Extension and clarifying certain management and operation aspects of the Existing Path. Accordingly, the Parties desire to enter into a Memorandum of Understanding regarding certain construction, management, and operation of the Path (“MOU”). Therefore, this ordinance authorizes the directors of Finance, DPU, and CRPD on behalf of the City to execute and acknowledge the MOU, as approved by the City Attorney.
CONTRACT COMPLIANCE №: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested so to not delay the City’s benefit resulting from the Path’s construction, management, and operation, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the Directors of the Department of Recreation and Parks, Department of Public Utilities, and Department of Finance and Management to execute and acknowledge a Memorandum of Understanding, as approved by the Columbus City Attorney, with the City of Westerville, Ohio in order to construct, manage, and operate the existing Sunbury Road Multi-Use-Path and its extension; and to declare an emergency. ($0.00)
BODY
WHEREAS, the City intends to continue its partnership with the City of Westerville, Ohio (i.e. Westerville) regarding certain management and operation aspects of the Sunbury Road Multi-Use-Path along Hoover Reservoir and the Big Walnut Greenway between Central College Road and Smothers Road (i.e. Existing Path);
WHEREAS, the City of Westerville intends to extend the Existing Path from Smothers Road to Maxtown Road in Genoa Township (i.e. Path Extension);
WHEREAS, the City intends to continue its partnership with Westerville in order to construct, manage, and operate the Path Extension;
WHEREAS, the City intends to enter into a Memorandum of Understanding (i.e. MOU) with Westerville in order to construct, manage, and operate the Path Extension and clarify certain management and operating aspects of the Existing Path;
WHEREAS, the City intends for the City Attorney to approve the MOU prior to the City’s execution and acknowledgement of the MOU;
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Directors of the Department of Recreation and Parks (i.e. CRPD), Department of Public Utilities (i.e. DPU), and Department of Finance and Management (i.e. Finance) to enter into the MOU with Westerville to prevent unnecessary delays in constructing, managing, and operating the Existing Path and Path Extension (i.e. Path), which will preserve the public peace, property, health, welfare, and safety; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That the Directors of the Department of Recreation and Parks (i.e. CRPD), Department of Public Utilities (i.e. DPU), and Department of Finance and Management (i.e. Finance) are authorized to execute and acknowledge a Memorandum of Understanding (i.e. MOU) with the City of Westerville, Ohio, an Ohio municipal corporation (i.e. Westerville), in order to clarify certain construction, management, and operation requirements of the existing Sunbury Road Multi-Use-Path and its 0.9 mile, approximately, extension from Smothers Road to Maxtown Road in Genoa Township.
SECTION 2. The City Attorney is required to approve the MOU prior to the directors of CRPD, DPU, and Finance executing and acknowledging the MOU.
SECTION 3. For the reasons stated in the preamble of this ordinance, which are made a part of this ordinance, this ordinance is declared an emergency measure and shall take effect and be in force from and after this ordinance’s passage and approval by the Mayor, or ten (10) days after this ordinance’s passage if the Mayor neither approves nor vetoes this ordinance.