EXPLANATION
BACKGROUND:
The City of Columbus, Ohio, an Ohio municipal corporation ("City"), owns and manages the Scioto River and adjacent riverbank parkland in the vicinity of the City's North Bank Park south to the intersection of the Scioto River and Interstate-70 (collectively, "Downtown-River-Corridor"). The City contracted with the Columbus Downtown Development Corporation, an Ohio nonprofit corporation ("CDDC"), for the implementation of the City's Scioto River Greenway Dam Removal Project ("Scioto-Greenway-Project").
The Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District, a park district organized under Ohio Revised Code, Chapter 1545 ("Metro-Parks"), and the Board of Commissioners, Franklin County, Ohio, a body politic and corporate organized and existing pursuant to Ohio Revised Code Chapter 301 ("Commissioners"), each desire to contribute support for the Scioto-Greenway-Project by providing additional funding. Specifically, Metro-Parks agreed to provide grant funding in the amount of One Million and 00/100 U.S. Dollars ($1,000,000.00) to CDDC by January 30th, 2016 February 28th, 2016, and the Commissioners agreed to provide grant funding in the amount of Two Million and 00/100 U.S. Dollars ($2,000,000.00) by March 31st, 2015. In exchange, Metro-Parks and the Commissioners request a non-exclusive, perpetual, conservation easement over and burdening portions of the Downtown-River-Corridor associated with the Scioto-Greenway-Project ("Conservation-Easement").
The City's Departments of Recreation and Parks and Finance and Management reviewed and determined that it is in the City's best interest to grant the Conservation-Easement, at no cost, to Metro-Parks and the Commissioners, because Metro-Parks and the Commissioners will each provide additional monetary funding to CDDC for the Scioto-Greenway-Project. Additionally, the Conservation-Easement to Metro-Parks and the Commissioners helps to protect, restore, and preserve the Downtown-River-Corridor, which benefits the City and the public, while fostering intergovernmental cooperation. Therefore, this ordinance authorizes the City's directors of Finance and Management and Recreation and Parks to execute those documents approved by the Columbus City Attorney, Real Estate Division, to grant the Conservation-Easement to Metro-Parks and the Commissioners over and burdening portions of the Downtown-River-Corridor associated with the Scioto-Greenway-Project.
CONTRACT COMPLIANCE №: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested so to not delay implementation of the Scioto-Greenway-Project, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the directors of the departments of Finance and Management and Recreation and Parks to execute those documents approved by the Columbus City Attorney, Real Estate Division, to grant non-exclusive, perpetual, conservation easement rights to The Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District, a park district organized under Ohio Revised Code, Chapter 1545, and the Board of Commissioners, Franklin County, Ohio, a body politic and corporate organized and existing pursuant to Ohio Revised Code Chapter 301, over and burdening portions of the Scioto River and adjacent riverbank parkland in the vicinity of the City's North Bank Park south to the intersection of the Scioto River and Interstate-70; and to declare an emergency. ($0.00)
BODY
WHEREAS, the City contracted with CDDC for the implementation of the Scioto-Greenway-Project;
WHEREAS, Metro-Parks and the Commissioners to each support the Scioto-Greenway-Project with additional monetary funding;
WHEREAS, Metro-Parks agreed to provide grant funding in the amount of One Million and 00/100 U.S. Dollars ($1,000,000.00) to CDDC by January 30th, 2016 February 28th, 2016, and the Commissioners agreed to provide grant funding in the amount of Two Million and 00/100 U.S. Dollars ($2,000,000.00) to CDDC by March 31st, 2015, for the Scioto-Greenway-Project provided the City grants Metro-Parks and the Commissioners the Conservation-Easement;
WHEREAS, the City's departments of Recreation and Parks and Finance and Management reviewed and determined that it is in the City's best interest to grant the Conservation-Easement, at no cost, to Metro-Parks and the Commissioners, because Metro-Parks and the Commissioners will each provide additional monetary funding for the Scioto-Greenway-Project;
WHEREAS, granting the Conservation-Easement to Metro-Parks and the Commissioners helps to protect, restore, and preserve the Downtown-River-Corridor, which benefits the City and the public, while fostering intergovernmental cooperation;
WHEREAS, an emergency exists in the usual daily operations of the City, because it is immediately necessary to authorize the City's directors of the departments of Recreation and Parks and Finance and Management to execute those documents approved by the Columbus City Attorney, Real Estate Division, to quit claim grant the Conservation-Easement to Metro-Parks and the Commissioners over and burdening portions of the Downtown-River-Corridor associated with the Scioto-Greenway-Project, which will preserve the public health, peace, property, safety, and welfare; and NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO ("CITY"):
SECTION 1. The City's Director of the Department of Recreation and Parks and Director of the Department of Finance and Management are authorized to execute those documents approved by the Columbus City Attorney, Real Estate Division, to grant non-exclusive, perpetual, conservation easement rights to The Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District, a park district organized under Ohio Revised Code, Chapter 1545 ("Metro-Parks"), and the Board of Commissioners, Franklin County, Ohio, a body politic and corporate organized and existing pursuant to Ohio Revised Code Chapter 301 ("Commissioners"), over and burdening portions of the City's real property located at the Scioto River and adjacent riverbank parkland in the vicinity of the City's North Bank Park south to the intersection of the Scioto River and Interstate-70 ("Conservation-Easement").
SECTION 2. The City's granting of the Conservation-Easement to Metro-Parks and the Commissioners is contingent upon Metro-Parks providing grant funding in the amount One Million and 00/100 U.S. Dollars ($1,000,000.00) by January 30th, 2016 February 28th, 2016, and the Commissioners providing grant funding in the amount of Two Million and 00/100 U.S. Dollars ($2,000,000.00) by March 31st, 2015, in order to facilitate the City's Scioto River Greenway Dam Removal Project.
SECTION 3. For the reasons stated in this ordinance's preamble, which are made a part of this ordinance, this ordinance is declared to be an emergency measure and is effective and 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.