Explanation
BACKGROUND:
The City’s Recreation and Parks Department (CRPD) is engaged in the Alum Creek North Tributary Public Project (“Public Project”). The City must acquire in good faith certain fee simple and lesser real property interests located in the vicinity of Westerville Road and Ferris Road (collectively, “Real Estate”) in order for CRPD to timely complete the Public Project. Accordingly, CRPD requested the City Attorney to acquire the Real Estate and contract for associated professional services (e.g. surveys, title work, appraisals, etc.) in order for CRPD to timely complete the Public Project.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
CRPD determined the funding for the City Attorney to acquire the Real Estate will come from CRPD’s Grant Fund, Fund Number 2283 and Voted Bond Fund 7702.
EMERGENCY JUSTIFICATION:
An emergency exists in the usual daily operation of the Recreation and Parks Department in order to meet the deadlines of the project funding.
Title
To authorize the City Attorney to spend grant funds and voted bond funds to acquire in good faith certain fee simple title and lesser real property interests and contract for associated professional services in order for the Recreation and Parks Department to timely complete the Alum Creek North Tributary Public Project; and to declare an emergency ($107,000.00)
Body
WHEREAS, the City intends to improve the Alum Creek tributary watershed by allowing the Recreation and Parks Department (CRPD) to engage in the Alum Creek North Tributary Public Project (i.e. Public Project); and
WHEREAS, CRPD obtained a grant from the Ohio Public Works Commission (OPWC), pursuant to Ordinance 2943-2017, to acquire in good faith the Real Estate and contract for associated professional services (e.g. surveys, title work, appraisals, etc.); and
WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple title and lesser property interests located in the vicinity of Westerville Road and Ferris Road (i.e. Real Estate) in order for CRPD to timely complete the Public Project; 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, 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 certain fee simple title and lesser real property interests (i.e. Real Estate) in order for the Recreation and Parks Department (CRPD) to timely complete the Alum Creek North Tributary Public Project (i.e. 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.
SECTION 3. That, in order to exercise the authority described in Sections One (1) and Two (2) of this ordinance, the City Attorney is authorized to spend up to One Hundred Seven Thousand, and 00/100 U.S. Dollars ($107,000.00), or as much as may be necessary from CRPD’s Grant Fund, Fund Number 2283 and Voted Bond Fund, Fund Number 7702, according to the account codes in the attachment to this ordinance, which is made a part of this ordinance and fully incorporated for reference as if rewritten.
SECTION 4. 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 5. 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 Public Project that the Public Project is complete and the monies are no longer required for the Public Project, except that no transfer can be made from a project account by monies from more than one source.
SECTION 6. That the City Auditor is authorized and directed to establish any proper and appropriate project accounting numbers.
SECTION 7. 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 8. 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 10 days after passage if the Mayor neither approves nor vetoes the same.