Explanation
Background: This ordinance authorizes the Finance and Management Director to acquire real property, consisting of a total of approximately 10.4 acres +/- from Greenlawn Realty Company on behalf of the Department of Public Utilities. The City is purchasing approximately 8.25 acres located at 555 Greenlawn Avenue, being Franklin County Tax Parcel No. 010-095233 and accepting donation of 1.5 acres+/- of vacant land commonly known as 627 Greenlawn Avenue, Franklin County Tax Parcel 010-095234 and .08 aces +/- of vacant land known as 1040 Harmon Avenue, Columbus, Ohio, Franklin County Tax Parcel 425-295576. Acquisition of this real property will allow the Departments of Public Utilities and Recreation and Parks to cooperatively work together to create an integrated site plan for the 10.4 +/- acres being acquired and the existing 20 +/- acres in McCoy Park that will allow for Public Utilities to construct a new storm water retention facility to relieve chronic flooding in the Renick Run Watershed (containing approximately 1,785 acres of land) and home to more than 15,000 residents. The alleviating of the threat of chronic flooding in this area will improve the quality of life, protect health and safety, and promote economic growth allowing the area to prosper. In addition, it will allow the Recreation and Parks Department to redefine and improve park amenities to fill service gaps for residents in the Southwest Area and provide both indoor and outdoor therapeutic recreation activities to meet a growing need for recreation activities modified to meet the needs of individuals with disabilities. The office building containing 11,500 square feet located on Tax Parcel 010-095233 will be remodeled by Recreation and Parks and named the “Younkin Therapeutic Recreation Center” or a substantially similar name that includes “Younkin” in the title during its useful life.
This legislation is presented as an emergency measure and authorizes the Director of Finance and Management to execute those documents necessary to acquire the real property from Greenlawn Realty Company, an Ohio corporation, 555 Greenlawn Avenue Columbus, Ohio 43223 and authorizes the amendment of 2023 Capital Improvements Budget, expenditure of funds in the Storm Sewer Bond Fund, Fund 6204, in an amount up to Five Million Sixty Thousand Dollars ($5,060,000.00) for payment of all costs associated with the acquisition, including due diligence items, securing of the real property, and closing costs.
Fiscal Impact: Funding of $5,060,000.00 is available and appropriated within Fund 6204, the Storm Sewer Bond Fund to pay the costs associated with the acquisition and closing. A transfer of funding between projects will be necessary.
Emergency Justification: Emergency action is requested to allow for the acquisition to proceed without delay in conformance with the terms of the purchase agreement that include deadlines for completion of due diligence inspections, environmental testing, and that legislation authorizing the purchase of the property be approved by City Council on or before June 24, 2024.
Title
To authorize the Director of Finance and Management to execute those documents necessary to acquire fee simple title and lesser interests to real property identified as Franklin County Tax Parcels 010-095233, 010-095234, and 425-295576 from Greenlawn Realty Company; to amend the 2023 Capital Improvement Budget; to authorize the transfer of cash and appropriation within Fund 6204, the Storm Sewer Bond Fund; to authorize the expenditure of up to $5,060,000.00 from the Storm Sewer Bond Fund, Fund 6204 for all costs in connection with the acquisition; and to declare an emergency. ($5,060,000.00).
Body
WHEREAS, the City of Columbus Department of Finance and Management desires to enter into a purchase contract between the City and Greenlawn Realty Company, an Ohio corporation, located at 555 Greenlawn Avenue, Columbus, Ohio 43223 for the purchase and donation of approximately 10.4 acres +/- of real property, commonly known as 555 Greenlawn Avenue, 627 Greenlawn Avenue, and 1040 Harmon Avenue, Columbus, Ohio 43223; and
WHEREAS, the 10.4 Acres +/- site to be acquired will allow for the creation of an integrated site plan that includes 20 +/- acres of McCoy Park that will allow for construction of a new storm water retention facility to relieve chronic flooding for more than 15,000 residents in the Renick Run Watershed and promote economic development in the area; and
WHEREAS, it is necessary to amend the 2023 Capital Improvements Budget for the purpose of providing sufficient spending authority for the acquisition of the property; and
WHEREAS, it is necessary to authorize the transfer of cash and appropriation and an expenditure within the Storm Sewer Bond Fund, Fund 6204; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management in that it is immediately necessary to authorize the Director of Finance and Management to execute those documents necessary for the acquisition of that real property identified as Franklin County Tax Parcel 010-095233 known as 555 Greenlawn Avenue, Franklin County Tax Parcel 010-095234 known as 627 Greenlawn Avenue, and Franklin County Tax Parcel known as 1040 Harmon Avenue, Columbus, Ohio 43223, from Greenlawn Realty Company, an Ohio corporation, and contract for professional services for due diligence testing at the earliest feasible date in agreement with the closing transaction deadlines and other terms of the purchase agreement thereby providing for the immediate preservation of the public health, peace, property, welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Finance and Management, is authorized to execute those documents necessary by and between the City and Greenlawn Realty Company, an Ohio corporation, located at 555 Greenlawn Avenue, Columbus, Ohio 43223 for the acquisition of approximately 10.4 acres +/-, being 555 Greenlawn Avenue, Franklin County Tax Parcel 010-095233 627 Greenlawn Avenue, and 1040 Harmon Avenue, Columbus, Ohio 43223 and to contract for professional services for due diligence testing associated with the acquisition of the real property upon which the office building containing 11,500 square feet located on Tax Parcel 010-095233 will be named the “Younkin Therapeutic Recreation Center” or a substantially similar name that includes “Younkin” in the title during its useful life.
SECTION 2. That the 2023 Capital Improvements Budget adopted by Ordinance 1711-2023 is hereby amended as per the funding attachment to this ordinance.
SECTION 3. That the transfer of cash and appropriation of $5,060,000, or so much thereof as may be needed, is hereby authorized within the Storm Sewer Bond Fund, Fund 6204 per the account codes in the funding attachment to this ordinance.
SECTION 4. That the expenditure of Five Million Sixty Thousand Dollars and 00/100 Dollars ($5,060,000.00), or so much thereof as may be necessary for all costs in connection with the acquisition of the real property, be and is hereby authorized in Fund 6204 per the accounting codes in the funding attachment to this ordinance.
SECTION 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 6. That the City Auditor is authorized to transfer the unencumbered balance in a project account to the unallocated balance account of the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 7. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
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 ten days after passage if the Mayor neither approves nor vetoes the same.