...Explanation
BACKGROUND: The City’s Recreation and Parks Department (“CRPD”) is engaged in the FRA-Souder Avenue Trail, PID 105736 Project (“Public Project”). The Public Project will construct a trail along Souder Avenue, from West Broad Street to the Scioto Trail at Dublin Road. The City must acquire in good faith and accept certain fee simple title and lesser real estate located in the vicinity of Souder Avenue, Columbus, Ohio 43215 (collectively, “Real Estate”). The City will be acquiring and paying for the real estate and ODOT will be contributing money toward the construction of the trail under PID 105736. Accordingly, CRPD requested the City Attorney to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.) in order for CRPD to timely complete the acquisition of the property.
The City passed Ordinance 1673-2021 in July of 2021 authorizing initial acquisition funding for this project in the amount of $150,000.00 thereby allowing the City Attorney to contract for professional service and to acquire fee simple title and lesser interests in and to real property necessary for the project. The City also passed Ordinance 0350-2022 in February of 2022 authorizing an additional $75,000.00 in funding. Additional expenditures are now required and an additional $90,000.00 is being requested in order to pay for the costs of the acquisitions for the project.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: This legislation authorizes the amendment of the 2022 Capital Improvement Budget within and the expenditure of up to $90,000.00 from the Recreation and Parks Voted Bond Fund 7702.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to timely acquire the Real Estate and meet the right-of-way clear dates established by ODOT. This will insure that the funding from ODOT is not impacted thereby allowing CRPD to move forward with construction and complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple title and lesser real estate located in the vicinity of Souder Avenue, and contract for associated professional services in order for the Recreation and Parks Department to timely complete the acquisition of Real Estate for the Souder Avenue Trail Project; to expend up to $90,000.00 within the Recreation and Parks Voted Bond Fund; and to declare an emergency. ($90,000.00)
Body
WHEREAS, the City intends to acquire certain fee simple title and lesser real estate to build the FRA-Souder Avenue Trail, PID 105736 Project to extend connectivity for the Franklinton community to the Central Ohio greenways network; and
WHEREAS, the City intends to improve certain public right-of-ways in the vicinity of Souder Avenue, Columbus, Ohio 43215 by allowing the Recreation and Parks Department (“CRPD”) to engage in the acquisition of Real Estate for the FRA-Souder Avenue Trail, PID 105736 Project (“Public Project”); and
WHEREAS, initial acquisition funding for this project in the amount of $150,000.00 was authorized pursuant to Ordinance Number 1673-2021 passed on July 15, 2021. Additional funding in the amount of $75,000.00 was authorized pursuant to Ordinance Number 0350-2022 passed on February 16, 2022; and
WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple title and lesser real estate located the vicinity of Souder Avenue (collectively, “Real Estate”) in order for Recreation and Parks Department to complete the Public Project; and
WHEREAS, the City intends for the City Attorney to spend City funds to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.); and
WHEREAS, this ordinance authorizes the City Attorney’s Office, Real Estate Division, to expend an additional Ninety Thousand and 00/100 U.S. Dollars ($90,000.00) or so much as may be necessary to hire professional services and negotiate with property owners to acquire the various property rights necessary to complete the Public Project; and
WHEREAS, the City intends to spend funds from the Recreation and Parks Voted Bond Fund 7702 in order to acquire the Real Estate; and
WHEREAS, an emergency exists in the usual daily operation of the CRPD in that it is immediately necessary to acquire the Real Estate without delay so as to meet all ODOT funding clear dates and allow the Public Project to be completed in a timely manner, which will preserve the public peace, property, health, welfare, and safety; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney is authorized to acquire in good faith and accept certain fee simple title and lesser real estate located in the vicinity of Souder Avenue, Columbus, Ohio 43215 (collectively, “Real Estate”) in order for the Recreation and Parks Department (“CRPD”) to timely complete the FRA-Souder Avenue Trail, PID 105736 Project (“Public Project”).
SECTION 2. That the City Attorney is authorized to contract for professional services (e.g. surveys, title work, appraisals, etc.) associated with the Real Estate’s acquisition for the project.
SECTION 3. That the City Attorney, in order to exercise the authority described in Sections One (1) and Two (2) of this ordinance, is authorized to spend up to Ninety Thousand and 00/100 U.S. Dollars ($90,000.00) or as much as may be necessary, from the Recreation and Parks Voted Bond Fund 7702 according to the account codes in the attachment to this ordinance.
SECTION 4. That the transfer of 90,000.00 or so much thereof as may be needed, is hereby authorized between projects within the Recreation and Parks Voted Bond Fund 7702 per the account codes in the attachment to this ordinance.
SECTION 5. That the 2022 Capital Improvements Budget Ordinance 1896-2022 is hereby amended as follows in order to provide sufficient budget authority for this ordinance and future projects.
Fund / Project / Project Name / Current / Change / Amended
Fund 7702; P513000-100000; Acquisition - Misc. (Voted Carryover) / $584,716 / ($90,000) / $494,716
Fund 7702; P513004-100000; Souder Avenue Acquisition 2021 (Voted Carryover) / $0 / $90,000 / $90,000
SECTION 6. That the City Auditor is authorized and directed to establish any appropriate accounting codes once the funds necessary to carry out the purpose of this ordinance are deemed appropriated.
SECTION 7. That the City Auditor is authorized and directed to transfer any unencumbered balance in the Public Project’s account to the unallocated balance within the same fund upon receipt of certification by the director of the department administering the real estate acquisition is complete and the monies are no longer required for the project, except that no transfer can be made from a project account by monies from more than one source.
SECTION 8. That the City Auditor is authorized and directed to establish any proper and appropriate project accounting numbers.
SECTION 9. That the City Auditor is authorized and directed to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 10. That this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.