Explanation
1. BACKGROUND
The United States Department of Transportation (USDOT) has issued a Notice of Funding Opportunity (NOFO) for approximately $13.5 million in FY 2022 and FY 2023 discretionary grant funding through its Pilot Program for Transit-Oriented Development Planning (TOD Pilot Program). The NOFO was released August 8, 2023; and it will remain open only through October 10, 2023.
The City meets the criteria to be eligible to submit an application under the TOD Pilot Program. The Department of Public Service is working on a TOD Pilot Program application with the Central Ohio Transit Authority (COTA) in support of the W. Broad Street Bus Rapid Transit (BRT) corridor and LinkUS’ Equitable Transit-Oriented Development (ETOD) Action Plan. The LinkUS ETOD strategy aims to preserve existing housing affordability, existing jobs and businesses, and valued community resources and amenities. It will create new housing with an emphasis on affordability, attracting new business investment, and job creation, and encourage new or enhanced community resources and amenities. At the same time, ETOD will be inclusive in ensuring diversity in housing options and price points, ensuring access to jobs, services and amenities for all residents.
This legislation will authorize the Director of Public Service to formally submit an application under the TOD Pilot Program opportunity as either the lead applicant or joint applicant. It also authorizes the execution of agreements with USDOT, COTA, or others in connection with the application for the grant, the award of the grant, the expenditure of grant funds, and the return of unused grant funds if any should remain at the end of the grant.
2. FISCAL IMPACT
TOD Pilot Program grants may be used for up to 80 percent (80%) of future eligible project costs. No financial participation is required at this time. City funds will be approved in the form of design contracts and/or construction contracts that will be or have been submitted for Council's approval.
3. EMERGENCY DESIGNATION
Emergency action is requested to provide the Department of Public Service with the authorization to proceed with an application prior to the application period’s end.
Title
To authorize the Director of Public Service to solely or jointly submit a grant application to the United States Department of Transportation through its Pilot Program for Transit-Oriented Development Planning; to authorize the execution of grant and other requisite agreements with the United States Department of Transportation and other entities providing for the acceptance and administration of said grant award on behalf of the City of Columbus, Department of Public Service; to authorize the expenditure of any awarded funds and the refund of any unused funds; and to declare an emergency. ($0.00)
Body
WHEREAS, the United States Department of Transportation (USDOT) announced the recent funding round of its Pilot Program for Transit-Oriented Development Planning (TOD Pilot Program), which is an opportunity to award discretionary funds on a competitive basis; and
WHEREAS, USDOT is accepting applications for the current funding round through October 10, 2023; and
WHEREAS, the City intends to partner with other interested stakeholders, including the Central Ohio Transit Agency (COTA), to submit a funding application for the LinkUS’ Equitable Transit-Oriented Development (ETOD) strategy; and
WHEREAS, the interested stakeholders have yet to identify the most appropriate lead applicant and primary award beneficiary, but the City of Columbus will be involved in the application process and the use of the funds if awarded; and
WHEREAS, City Council approval is needed to apply for and accept the grant funding; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to prepare and submit the aforesaid grant application prior to the end of the application period, for the public health, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Service be and is hereby authorized to solely or jointly submit a TOD Pilot Program application for a grant from USDOT; to accept said grant, if awarded; and to execute a grant agreement and any other documents necessary to effectuate said application, acceptance, or agreement on behalf of the Department of Public Service.
SECTION 2. That the Director of Public Service be and hereby is authorized to identify COTA as the primary recipient of any grant award received through this opportunity, and to execute any agreement or other documents necessary to effectuate designating COTA as the primary award recipient if the final application scope involves work where COTA is the primary agency responsible for construction.
SECTION 3. That the Director of Public Service be and hereby is authorized to execute any agreement or other documents necessary to effectuate the TOD Pilot Program application if a more appropriate lead applicant is identified to submit an application to USDOT concerning the LinkUS ETOD strategy and related local projects.
SECTION 4. That the Department of Public Service be and hereby is authorized to expend any awarded grant funds in accordance with the terms and conditions of said grant.
SECTION 5. That, at the end of the grant period, or upon request of the grantor, any repayment of unencumbered balances required by the grantor is hereby authorized and any unused City match monies may be transferred back to the City fund from which they originated in accordance with all applicable grant agreements.
SECTION 6. 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.