header-left
File #: 3446-2024    Version: 1
Type: Ordinance Status: Passed
File created: 12/3/2024 In control: Neighborhoods, Recreation, & Parks Committee
On agenda: 1/13/2025 Final action: 1/16/2025
Title: To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate located in the vicinity of 4675 Westerville Road, Columbus Ohio 43231 and contract for associated professional services in order for the Recreation and Parks Department to timely complete the acquisition of Real Estate for the Improvements of Kilbourne Run Sports Park Roundabout project; to authorize the transfer and expenditure of $18,000.00 within the Recreation and Parks Voted Bond Fund; to authorize the amendment of the 2024 Capital Improvements Budget; and to declare an emergency. ($18,000.00)
Attachments: 1. Kilbourne Run Roundabout - Hire and Acquire -ATTACHMENT

 

Explanation

 

BACKGROUND: The City’s Recreation and Parks Department (“CRPD”) is engaged in acquiring real estate for the FRA-3-23.46 Improvements of Kilbourne Run Sports Park Roundabout (“Public Project”). The City must acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of 4675 Westerville Road, Columbus Ohio 43231 (collectively, “Real Estate”) in order for CRPD to complete the Public Project. Accordingly, CRPD requested the City Attorney 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 Public Project.

 

CONTRACT COMPLIANCE: Not applicable.

 

FISCAL IMPACT: This legislation authorizes the transfer and expenditure of up to $18,000.00 from within the Recreation and Parks Voted Bond Fund 7702.

 

EMERGENCY JUSTIFICATION:  Emergency action is requested in order to acquire the Real Estate in a timely manner thereby allowing CRPD to complete the Public Project without unnecessary delay and meet the projected completion date of the end of 2025, 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 and lesser real estate located in the vicinity of 4675 Westerville Road, Columbus Ohio 43231 and contract for associated professional services in order for the Recreation and Parks Department to timely complete the acquisition of Real Estate for the Improvements of Kilbourne Run Sports Park Roundabout project; to authorize the transfer and expenditure of $18,000.00 within the Recreation and Parks Voted Bond Fund; to authorize the amendment of the 2024 Capital Improvements Budget; and to declare an emergency. ($18,000.00)

 

Body

 

WHEREAS, the City intends to improve certain public right-of-ways in the vicinity of 4675 Westerville Road, Columbus Ohio 43231 by allowing the Recreation and Parks Department (“CRPD”) to engage in the acquisition of Real Estate for the FRA-3-23.46 Improvements of Kilbourne Run Sports Park Roundabout project (“Public Project”); and

 

WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple and lesser real estate located in the vicinity of 4675 Westerville Road, Columbus Ohio 43231 (“Real Estate”) in order for CRPD 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, it is necessary to authorize the transfer of $18,000.00 within the Recreation and Parks Voted Bond Fund 7702; and

 

WHEREAS, it is necessary to authorize the amendment of the 2024 Capital Improvements Budget Ordinance 1907-2024 in order to provide sufficient budget authority for this and future projects; and

 

WHEREAS, it is necessary for this Council to authorize the expenditure of up to Eighteen Thousand and 00/100 U.S. Dollars ($18,000.00) from the Recreation and Parks Voted Bond Fund 7702; and

 

WHEREAS, it is necessary to authorize an amendment to the 2024 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and

 

WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to authorize the City Attorney to acquire the Real Estate in a timely manner thereby allowing CRPD to complete the Public Project without unnecessary delay and meet the projected completion date of the end of 2025, all 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 the City Attorney is authorized to acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of 4675 Westerville Road, Columbus Ohio 43231 (“Real Estate”) in order for the Recreation and Parks Department (“CRPD”) to timely complete the acquisition of the Real Estate for the FRA-3-23.46 Improvements of Kilbourne Run Sports Park Roundabout (“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 Public 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 Eighteen Thousand and 00/100 U.S. Dollars ($18,000.00), 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 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 transfer of $18,000.00, or so much thereof as may be needed, is hereby authorized between projects within the Recreation and Parks Bond Fund 7702 per the account codes in the attachment to this ordinance.

 

SECTION 6. That the 2024 Capital Improvements Budget Ordinance 1907-2024 is hereby amended as follows in order to provide sufficient budget authority for this ordinance and future projects:

 

Fund / Project / Project Name / Current Revised Authority / Current Remaining Authority / Change / Amended Revised Authority / Amended Remaining Authority

 

Fund 7702 / P513014-100000 / West Franklinton West Broad Greenspaces Acquisition (Voted Carryover) / $287,000 / $287,000 / ($18,000) / $269,000 / $269,000

 

Fund 7702 / P513018-100000 / Kilbourne Run Roundabout - Hire and Acquire (Voted Carryover) / $0 / $0 / $18,000 / $18,000 / $18,000

 

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 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 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.