Explanation
BACKGROUND: The Big Darby Watershed is one of the most biologically diverse aquatic systems in the Midwest and is among the top warm freshwater habitats in the nation. The Big Darby Watershed also represents the largest undeveloped area in Franklin County and has experienced increased pressure for development in recent years.
On July 21, 2004, elected officials from jurisdictions that comprise the Big Darby Watershed in Franklin County gathered and expressed their resolve to work cooperatively on the development of a plan that would protect the Big and Little Darby Creeks for future generations. These communities: Columbus, Grove City, Hilliard, Harrisburg, Franklin County, and Prairie, Brown, Pleasant, Norwich, and Washington Townships formed an agreement in principle to jointly fund the development of the plan. A consultant team was selected for the effort and work began in April 2005. While significant progress has been made, it has been determined that additional time and resources are necessary to complete this complex task. This direction was established at a December 6, 2005 meeting of elected leaders from the jurisdictions comprising the Accord.
Emergency action is requested so that work on the Accord can begin immediately due to the scheduled expiration of the Big Darby Development Moratorium at the end of June, 2006.
FISCAL IMPACT: $262,600, with the City of Columbus' share being $114,000 and the remainder being split between the other jurisdictions as described herein. This amendment of $262,600 will bring the total of the contract with EDAW to $762,600.
Title
To authorize the Director of Development to sign an amendment to the Big Darby Accord Participation Agreement to secure funding commitments from Accord partners for an amended Contract for Professional Services; to authorize the acceptance of $148,600 from these jurisdictions; to authorize the Director of Development to modify the contract with EDAW, Inc. in an amount not to exceed an additional $262,600; to waive the formal professional service contracts process of Chapter 329 of the City Code; to authorize the appropriation and transfer of $148,600 from the Special Income Tax Fund; to authorize the appropriation and expenditure of $148,600 from the General Government Grant Fund; to authorize the Director of Development to draw an amount not to exceed $71,000 from an existing Auditor's Certificate; to authorize the expenditure of $39,000 from the General Fund; to authorize the expenditure of $4,000 from the Sanitary Sewer Operating Fund; and to declare an emergency. ($262,600)
Body
WHEREAS, the Big Darby Watershed is one of the most biologically diverse aquatic systems in the Midwest and is among the top warm, fresh water habitats in the United States; and
WHEREAS, the Watershed represents the largest undeveloped area in Franklin County, Ohio and is experiencing increased pressure for development; and
WHEREAS, on July 21, 2004, elected officials from the City of Columbus, the City of Grove City, the City of Hilliard, the Village of Harrisburg, the Board of Trustees of Prairie, Brown, Pleasant, Norwich and Washington Townships and the Board of Commissioners of Franklin County gathered to discuss the importance of protecting the watershed and the need for a common vision for future development; and
WHEREAS, each jurisdiction expressed its resolve to work cooperatively on the development of a plan that would protect the Big and Little Darby Creeks for future generations; and
WHEREAS, the above jurisdictions have formed an agreement in principle to jointly fund the development of the plan and legally bind the parties to their commitments; and
WHEREAS, the parties retained a team of consultants headed by EDAW, Inc. to develop a multi-jurisdictional plan for the growth and development which may occur within the Watershed in Franklin County; and
WHEREAS, work on the Accord process began in April, 2005; and
WHEREAS, while significant progress has been made, it has been determined that additional time and resources are necessary to complete this complex, but important task; and
WHEREAS, this decision represents the direction of the elected leadership of the Accord partners, which met on December 6, 2005; and
WHEREAS, the breakdown of the funding has been mutually agreed upon as follows:
City of Columbus $114,000
City of Grove City $1,500
City of Hilliard $26,260
Village of Harrisburg $0
Franklin County $65,694
Prairie Township $21,008
Brown Township $17,069
Pleasant Township $17,069
Norwich Township $0
Washington Township $0; and
WHEREAS, The parties have agreed that Columbus shall enter into an amendment to the contract with the consultant on their behalf and shall oversee payments to the consultant for work performed pursuant to the contract; and
WHEREAS, an emergency exists in the usual daily operation of the city, in that it is immediately necessary to authorize said agreements and expend monies so that work on the Accord can continue uninterrupted due to the scheduled expiration of the Big Darby Development Moratorium at the end of June 2006, thereby preserving 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 sum of $148,600 be and is hereby appropriated from the un-appropriated balance of the Special Income Tax Fund, Fund 430, and from all monies estimated to come into said fund from any and all sources and un-appropriated for any other purpose during the fiscal year ending December 31, 2006, to the City Auditor, Department 22-01.
Section 2. That the City Auditor is hereby authorized to transfer said funds to the General Government Grant Fund, Fund 220, Grant 441220, at such time as is deemed necessary to the City Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 3. That the Director of Development, on behalf of the City of Columbus, is hereby authorized and directed to enter into an amendment to the existing Big Darby Accord Participation Agreement with Grove City, Hilliard, Harrisburg, Franklin County, and Prairie, Brown, Pleasant, Norwich and Washington Townships to secure their funding commitments to the Big Darby Accord.
Section 4: That the Auditor is hereby authorized to accept the $148,600 from the parties set forth in Section 3 to support the consultant costs of the Big Darby Accord in the General Government Grant Fund, Fund 220, Grant 441220.
Section 5. That the Director of Development, on behalf of the City of Columbus, is authorized and directed to modify the existing agreement with the consultant, EDAW, Inc. for an additional amount not to exceed $262,600 for planning services related to the development of the Big Darby Accord.
Section 6. That the formal consultant selection process provisions of Chapter 329 of the City Code be and are hereby waived.
Section 7. That the City Auditor is hereby authorized and directed to appropriate $148,600 from the General Government Grant Fund, Fund 220, Grant Number 441220 to the Department of Development, Division 44-06, Object Level One 03, Object Level Three 3336, OCA Code 441220 and that the Director of the Department of Development is hereby authorized to expend said funds for the purpose set forth in Section 5.
Section 8. That the Director of Development will draw an amount not to exceed $71,000, from Auditor's Certificate AC 016087 for the purpose set forth in Section 5.
Section 9. That the expenditure of $39,000, or so much thereof as may be necessary, from the Development Department, Planning Division, Division 44-06, General Fund, Fund 010, Object Level One 03, Object Level Three 3336, OCA Code 440334 for the purpose set forth in Section 5 is hereby authorized.
Section 10. That the expenditure of $4,000, or so much thereof as may be necessary, from the Department of Public Utilities, Division 60-05, Fund 650 Sanitary Sewer Operating Fund, Object Level One 03, Object Level Three 3336, OCA Code 605006 for the for the purpose set forth in Section 5 is hereby authorized.
Section 11. All funds necessary to carryout the purpose of this ordinance are hereby deemed appropriated.
Section 12. 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.