Explanation
1. BACKGROUND
The City of Columbus, Department of Development (the "City"), and Weinland Park Development, LLC (the "Developer") are engaged in the redevelopment of that tract of land known as the Columbus Coated Fabrics site. The redevelopment of this site, bounded by the Conrail tracks on the east, 5th Avenue on the south, 4th Street on the west and 11th Avenue on the north, has been split into several phases. To facilitate the redevelopment of this site the City will need to acquire small amounts of permanent road right-of-way, permanent easements and temporary construction easements from private property owners.
The following legislation authorizes the City Attorney's Office, Real Estate Division to hire professional services and to negotiate with property owners to acquire the various property rights necessary to complete this redevelopment project. This legislation also establishes $50,000.00 in City Attorney Real Estate Division expenditure authority for the acquisitions related to the redevelopment of this site.
2. Fiscal Impact
This ordinance also authorizes the City Auditor to execute a partial cancellation of AC030562-002 in the amount of $50,000.00, and subsequently authorizes the Department of Public Service to expend $50,000.00 for the purpose of funding these right of way acquisition expenses.
3. Emergency Justification
The improvements contemplated by Phase 2 of this project are essential to the successful redevelopment of entire site. Failure to complete right-of-way acquisition for this phase in a timely manner will delay the current construction schedule. Emergency action is requested to allow right-of-way acquisition for this phase of the project to remain on schedule.
Title
To authorize the City Attorney's Real Estate Division to contract for professional services relative to the acquisition of fee simple title and lesser interests needed for the Miscellaneous Economic Development-Columbus Coated Fabric project; to authorize the City Attorney's Office, Real Estate Division, to hire professional services and negotiate with property owners to acquire the additional rights-of-way necessary to complete this project; to amend the 2011 C.I.B.; to authorize the City Auditor to execute a partial cancellation of an existing Auditor's Certificate; to authorize the expenditure of $50,000.00 or so much thereof as may be necessary to acquire the rights-of-way needed for this project from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($50,000.00)
Body
WHEREAS, the City and the Developer are engaged in the redevelopment of that tract of land known as the Columbus Coated Fabrics site; and
WHEREAS, the redevelopment of this site, bounded by the Conrail tracks on the east, 5th Avenue on the south, 4th Street on the west and 11th Avenue on the north, has been split into several phases; and
WHEREAS, to facilitate the redevelopment of this site the City will need to acquire small amounts of permanent road right-of-way, permanent easements and temporary construction easements from private property owners; and
WHEREAS, the Department of Public Service is prepared to authorize right-of-way acquisition pending passage of this funding legislation; and
WHEREAS, acquisition related expenses for the entire redevelopment project are currently estimated to be $50,000.00; and
WHEREAS, funding established in ordinance 1565-2009 exceeded the need for Phase 1 of the project and is available to be reallocated for this expense; and
WHEREAS, this ordinance authorizes the City Auditor to execute a partial cancellation of AC030562-002 in the amount of $50,000.00 for the purpose of funding this expense; and
WHEREAS, it is necessary to authorize an amendment to the 2011 Capital Improvements Budget for purposes of providing sufficient funding and expenditure authority for the aforementioned project expenditure; and
WHEREAS, the following legislation authorizes the City Attorney's Real Estate Division to expend $50,000.00 or so much thereof as may be necessary to allow the City Attorney's Office, Real Estate Division, to acquire those rights-of-way needed for this project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction in that failure to complete right-of-way acquisition in a timely manner will delay this redevelopment project therefore it is immediately necessary to authorize the City Attorneys' Office to acquire the necessary rights-of-way and to authorize the expenditure of the funds needed to complete right-of-way acquisition thereby preserving the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Real Estate Division of the City Attorney's Office be and is hereby authorized to acquire fee simple title and lesser interests in and to property needed for the Miscellaneous Economic Development-Columbus Coated Fabric project.
SECTION 2. That the City Auditor is authorized to execute a partial cancellation of AC030562-002 in the amount of $50,000.00 for the purpose of providing funding for Right of Way Acquisition expenses for the Department of Public Service.
SECTION 3. That the 2011 Capital Improvement Budget authorized by ordinance 0266-2011 be amended as follows due to the partial cancellation of an Auditor's Certificate from this project:
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | change
746 | 440104-100002 | Misc Economic Development-Cols Coated Fabric (Carryover) | $504,086.00 | $554,086.00 | $50,000.00
SECTION 4. That the Real Estate Division of the City Attorney's Office be and is hereby authorized to expend $50,000.00, or so much thereof as may be necessary from the Build America Bonds Fund as follows: Project 440104-100002; Department/Division 59-12; Minor Object 6601; OCA Code 746104; to pay those costs relative to the acquisition of rights-of-way needed for the Miscellaneous Economic Development-Columbus Coated Fabric project.
SECTION 5. 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 ten days after passage if the Mayor neither approves nor vetoes the same.