Explanation
Ordinance No. 1363, adopted July 31, 2006, authorized the conveyance of a portion of the property situated generally at the southwest corner of Broad and Starling Streets (the "Development Site") to Firefighters Union Local #67, which conveyance enables the redevelopment and expansion of the historic Toledo and Central Ohio Train Depot (the "Depot") situated adjacent to the Development Site. Conveyance of the Development Site requires release from certain restrictions on conveyance created by the grant agreement between the City of Columbus and the State of Ohio, acting through the Department of Natural Resources, which grant agreement provided funding for the purchase by the City of the Development Site. This ordinance authorizes two agreements, one with the State of Ohio providing for the release by the State of the restriction on conveyance in consideration of the payment by the City of the sum of $187,963.20 and the second with Capitol South Community Urban Redevelopment Corporation providing for payment by Capitol South to the City of the sum of $187,963.20 to reimburse the City for payment to the State.
FISCAL IMPACT:
Funding for the payment of $187,963.20 to the State of Ohio is from the Capitol South Fund No. 481. Under the agreement between the City and Capitol South Community Urban Redevelopment Corporation the repayment shall be deposited in Fund No. 481 to replace the expenditure made to the State.
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to avoid further delay in the commencement of the redevelopment and expansion of the historic Toledo and Central Ohio Train Depot.
Title
To authorize the Executive Director of Recreation and Parks to enter into two agreements; one with the State of Ohio providing for the release by the State of a restriction on conveyance of a portion of the property situated generally at the southwest corner of Broad and Starling Streets in consideration of the payment by the City of Columbus of the sum of $187,963.20, and the second with Capitol South Community Urban Redevelopment Corporation providing for payment by Capitol South to the City of the sum of $187,963.20, to authorize the expenditure of $187,963.20 from the Capitol South Fund no. 481, and to declare an emergency.
Body
WHEREAS, the City of Columbus, in February, 2003, acquired the property situated generally at the southwest corner of Broad and Starling Streets (the "Broad and Starling Property") using $466,752 of funds granted by the State of Ohio, through the Department of Natural Resources, which grant contained a 15-year restriction on the conveyance of the Broad and Starling Property (the "Conveyance Restriction"); and
WHEREAS, Capitol South Community Urban Redevelopment Corporation, in May, 2003, at the request of the City, acquired the historic Toledo and Central Ohio Train Depot (the "Depot"), which is located generally adjacent to the Broad and Starling Property (the "Depot"); and
WHEREAS, the City Downtown Development Office, in concert with a committee of stakeholders, received proposals for the acquisition and use of the Depot and determined a proposal from Columbus Firefighters Union Local #67 (the "Firefighters") to be the best proposal; and
WHEREAS, the Firefighters propose to acquire and extensively redevelop the Depot and construct an addition to the Depot on a portion of the Broad and Starling Property (the "Development Site"); and
WHEREAS, Ordinance No. 1363, adopted July 31, 2006, authorized the conveyance of the Development Site to the Firefighters on the condition that any repayment to the State of Ohio would be made by others; and
WHEREAS, conveyance of the Development Site by the City to the Firefighters requires the release of the Conveyance Restriction; and
WHEREAS, the release of the Conveyance Restriction requires an agreement with the State of Ohio to establish the amount of grant funds used to acquire the Development Site, said amount being $187,963.20, and further to set forth terms for the payment of $187,963.20; and
WHEREAS, Capitol South Community Urban Redevelopment Corporation, as part of its efforts to assist in the redevelopment of the Depot, has agreed to enter into an agreement to pay $187,963.20 to the City prior to any payment by the City as required by the City's agreement with the State, and
WHEREAS, an emergency exists in the usual daily operation of the Department of Recreation and Parks, in that it is immediately necessary to obtain from the State a release of the Conveyance Restriction and to avoid delaying the commencement of the redevelopment and expansion of the Depot into the winter season.
NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Executive Director of the Department of Recreation and Parks be and hereby is authorized to enter into and execute the following agreements:
(a) an agreement by and between the City and the State of Ohio, acting through the Department of Natural Resources (the "State Agreement"), providing generally for the release of the Conveyance Restriction in consideration of the payment by the City of the sum of $187,963.20, payable as and when set forth in therein; and
(b) an agreement by and between the City and Capitol South Community Urban Redevelopment Corporation, providing generally for the payment by Capitol South to the City of the sum of $187,963.20, payable as and when set forth therein, but in no case later than the date when payment is due by the City under the State Agreement.
Section 2. That for the purpose of making a payment to the State of Ohio under Section 1(a) of this ordinance the expenditure of $187,963.20 is hereby authorized from the Capitol South Fund No. 481, object level 5524, OCA 510190 and said amount is hereby appropriated for this purpose.
Section 3. Payments received from Capitol South Community Urban Redevelopment Corporation pursuant to the agreement authorized by Section 1(b) of this ordinance shall be deposited in the Capitol South Fund No. 481.
Section 4. That for the reason 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 its passage if the Mayor neither approves nor vetoes the same.