Explanation
1. BACKGROUND
The purpose of this legislation is to authorize the issuance of a refund for the unexpended balance of funds deposited by Arlington Ave Ventures I, LLC (the “Developer”) with the City to facilitate the extension of the Brice Road shared use path.
The Developer recently completed construction of a 360-unit multifamily development at the intersection of Brice Road and Chatterton Road known as Ecco Park Apartments. In July 2022, the Department of Public Service accepted a deposit in the amount of $92,551.88 from the Developer in lieu of the Developer extending the existing shared use path located on Brice Road, which terminated south of Chatterton Road, in concert with that project. The parties subsequently mutually agreed, pursuant to a memorandum of understanding effective November 8, 2023, that the Developer would oversea the design and construction of the proposed extension, which was completed earlier this year. In accordance with that agreement, the purpose of this legislation is to enable the Department of Public Service to return the aforementioned sum to the Developer now that the necessary public infrastructure improvements have been completed.
2. CONTRACT COMPLIANCE INFORMATION
A one-time vendor account has been established under X167203 for Arlington Ave Ventures I, LLC.
3. FISCAL IMPACT
Funding in the amount of $92,551.88 is available in Fund 2223, the Special Purpose Fund. These funds will need to be appropriated.
4. EMERGENCY JUSTIFICATION
Emergency action is requested in order to facilitate the return of unused project funding to the Developer no later than August 30, 2024.
Title
To authorize the appropriation of funds in the Special Purpose Funds; to authorize the Department of Public Service to return to Arlington Ave Ventures I, LLC the sum of $92,551.88, which represents the unexpended balance of monies that entity previously deposited with the City to facilitate the extension of the Brice Road shared use path; to authorize the expenditure of $92,551.88 from the Special Purpose Fund for that purpose; and to declare an emergency. ($92,551.88)
Body
WHEREAS, Arlington Ave Ventures I, LLC (the “Developer”) recently completed construction of a 360-unit multifamily development at the intersection of Brice Road and Chatterton Road known as Ecco Park Apartments; and
WHEREAS, in July 2022, the City, acting through the Department of Public Service, compelled the Developer to deposit the sum of $92,551.88 with the City to facilitate the extension of the existing shared use path on Brice Road, which terminated south of Chatterton Road, as part of a future capital improvement project; and
WHEREAS, the parties subsequently agreed it would be more efficient and cost-effective for the Developer to oversee the design and construction of the proposed Brice Road shared use path extension, which was completed earlier this year; and
WHEREAS, pursuant to the memorandum of understanding effective November 8, 2023, the Department of Public Service agreed to return any unspent project funding to the Developer following the construction and acceptance of the aforementioned infrastructure improvement; and
WHEREAS, this legislation seeks to authorize the return of $92,551.88 to the Developer in accordance with that agreement; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that is immediately necessary to authorize the Director to return the sum of $92,551.88 to Arlington Ave Ventures I, LLC in order to facilitate the return of unused project funding to the Developer no later than August 30, 2024, for the immediate preservation of the public health, peace, property, safety and welfare; and now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That from the unappropriated monies and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2023, the sum of $92,551.88 is appropriated in Fund 2223 (Special Purpose), Dept-Div 5911 (Infrastructure Management), in Object Class 05 (Other Expenditures) per the account codes in the attachment to this ordinance.
SECTION 2. That the Department of Public Service is authorized to return the sum of $92,551.88 to Arlington Ave Ventures I, LLC, which represents the unexpended balance of monies that entity previously deposited with the City to facilitate the extension of the Brice Road shared use path.
SECTION 3. That the expenditure of $92,551.88, or so much thereof as may be needed, is hereby authorized in Fund 2223 (Special Purpose Fund), Dept-Div 5911 (Infrastructure Management), in Object Class 05 (Other Expenditures) per the accounting codes in the attachment to this ordinance.
SECTION 4. 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 5. 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 6. 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 7. For the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is 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 (10) days after its passage if the Mayor neither approves nor vetoes the same.