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File #: 0157-2009    Version: 1
Type: Ordinance Status: Passed
File created: 1/28/2009 In control: Recreation & Parks Committee
On agenda: 3/2/2009 Final action: 3/4/2009
Title: To repeal Ordinance No. 1368-2008; to authorize the Director of the Recreation and Parks Department to grant consent and propose cooperation with the Ohio Department of Transportation to construct a bikepath along Goodale Street from the intersection of Twin Rivers Drive/Olentangy River Road to the State Route 315 ramps, east of the Olentangy River. ($0.00)
Explanation
Background:
This legislation authorizes consent legislation with the State of Ohio, Department of Transportation (ODOT) for an ODOT funded bikeway improvement project along Goodale Street, from Twin Rivers Drive to the east of the Olentangy River; and repeals Ordinance Number 1368-2008 passed on September 22, 2008 as language was unintentionally omitted from Section 2 of the Cooperation Statement.
 
The Goodale Street Bridge will be widened with a 14 foot bike/pedestrian deck as well as a ramp from Goodale Street to the existing Olentangy Trail.  This project will provide access to a major regional trail system and the Arena District for residents and workers in the Harrison West and Grandview Heights areas.
 
This project was initiated through Harrison West and is identified as a key improvement in the City's Bicentennial Bikeways Plan.
 
Consent legislation is required from Recreation and Parks in order for ODOT to administer the project and for Recreation and Parks to provide the engineering right-of-way as well as the local match.  The engineering phase of this project is scheduled to begin in November, 2008, with construction slated for June of 2011.
 
Fiscal Impact:  None.  Legislation for the local portion of this grant will come from Capital Improvement Bond funding and will be prepared at a later date.  
 
Title
 
To repeal Ordinance No. 1368-2008; to authorize the Director of the Recreation and Parks Department to grant consent and propose cooperation with the Ohio Department of Transportation to construct a bikepath along Goodale Street from the intersection of Twin Rivers Drive/Olentangy River Road to the State Route 315 ramps, east of the Olentangy River. ($0.00)
 
Body
 
    WHEREAS, the Ohio Department of Transportation, the Mid-Ohio Regional Planning Commission (MORPC) and the Department of Recreation and Parks has identified the need to construct a bikepath from the intersection of Twin Rivers Drive/Olentangy River Road to the State Route 315 ramps, east of the Olentangy River; and
 
    WHEREAS, the Recreation and Parks Department grants consent and agrees to cooperate with the Ohio Department of Transportation and Mid-Ohio Regional Planning Commision in accordance with the planning, design and construction of this project;  and
 
    WHEREAS, because verbage was unintentionally omitted in the previous ordinance as is required by ODOT in Section 2 of the Cooperation Statement, it is necessary to repeal Ordinance Number 1368-2008, passed September 22, 2008; and
 
    WHEREAS, this project will provide residents and workers in and around this area with access to a major regional trail system and the Arena District and will increase the safety for cyclists, pedestrians and motorists; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
    SECTION 1.  Consent Statement
 
Being in the public interest, the City of Columbus gives consent to the Director of the Ohio Department of Transportation to complete the above described project.
 
    SECTION 2.  Cooperation Statement
 
The City hereby agrees to cooperate with the Ohio Department of Transportation in the planning, design and construction of the identified improvement project.
 
The City agrees to assume and bear one hundred percent (100%) of the cost of the preliminary engineering and right-of-way phases.
 
The City agrees to assume and bear one hundred percent (100%) of the total cost of construction less the amount of Federal funds set aside by the Director of Transportation and the Federal Highway Administration.
 
In the event that the City requests certain features or appurtenances be included within the bikeway improvement project's design and construction, and which features and appurtenances are determined by the State and the Federal Highway Administration to be not necessary for the State's bikeway improvement project, the City shall, prior to the project being advertised for construction contract bidding purposes, provide appropriate documentation that its Council has appropriated, and its Auditor has certified as being available for such specific purposes, funds sufficient in amount to cover one hundred percent of the costs of incorporating such additional features or appurtenances within the State's project, including preliminary engineering, final design, right-of-way, construction and construction engineering expenses as may be directly related thereto.
 
    SECTION 3.  Utilities and Right-of-Way Statement
 
The City agrees that all right-of-way required for the described project will be acquired  and/or made available in accordance with current State and Federal regulations.  The City also understands that right-of-way costs include eligible utility costs.
 
The City agrees that all utility accommodation, relocation and reimbursement will comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
 
    SECTION 4.  Maintenance
 
Upon completion of the project, and unless otherwise agreed, the City shall:  (1) provide adequate maintenance for the project in accordance with all applicable state and federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial resources, as necessary, for the maintenance of the project; (3) maintain the right-of-way, keeping it free of obstructions, and (4) hold said right-of-way inviolate for public highway purposes.
 
    SECTION 5.  Authority to Sign
 
The Recreation and Parks Director is hereby empowered on behalf of the City of Columbus to enter into contracts with the Ohio Department of Transportation pre-qualified consultants for the preliminary engineering phase of the project and to enter into contracts with the Director of Transportation necessary to complete the above-described project.
 
    SECTION 6.  That Ordinance Number 1368-2008 passed on September 22, 2008 is hereby repealed.
 
    SECTION 7.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.