Explanation
Background:
This ordinance will authorize the Director of Recreation and Parks to enter into a Local Public Agency agreement with the Ohio Department of Transportation for the Olentangy Trail Bridge Project.
The project will include the construction, in 2006, of a single span structure over the Olentangy River linking the east side of the river with the Olentangy Trail on the west side of the river. Additionally, the project will include construction of a trail head with parking, and canoe and fishing access.
Fiscal Impact:
A grant was received from the Ohio Department of Transportation to fund the project. No funding is required at this time. Future legislation will be required to obligate the city's share of the funding.
Title
To authorize and direct the Director of Recreation and Parks to enter into a Local Public Agency agreement with the Ohio Department of Transportation for the Olentangy Trail Bridge Project.
Body
WHEREAS, the City, hereinafter referred to as the Local Public Agency (LPA) has identified a need to construct a single span structure over the Olentangy River to provide a link from the east side of the Olentangy River to the existing Olentangy Trail on the west side of the Olentangy River (adjacent to SR315), and a trail head with parking and canoe/fishing access; and
WHEREAS, the City desires to enter into a LPA agreement with the Ohio Department of Transportation for the Olentangy Trail Bridge Project: now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Consent Statement - Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described project.
SECTION 2. Cooperation Statement - The LPA shall cooperate with the Director of Transportation in the above described project as follows:
The City hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified highway improvement project and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director.
The City will assume and bear one hundred percent (100%) of the cost of construction less the amount of Federal funds set aside by the Director of Transportation and the Federal Highway Administration.
The City agrees to assume and bear one hundred percent (100%) of the total cost of those features requested by the City which are not necessary for the improvement as determined by the State and Federal Highway Administration.
In the event that the City requests certain features or appurtenances be included within the highway 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 highway 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 (100%) 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 Stetement - The LPA 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 LPA also understands that right-of-way costs include eligible utility costs. The LPA 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 LPA 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 Director of Recreation and Parks of said City is hereby empowered on behalf of the City of Columbus to enter into contracts with the Director of Transportation necessary to complete the above described project.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.