Explanation
BACKGROUND: The City’s Recreation and Parks Department (“CRPD”) is engaged in the Big Walnut Trail Little Turtle to Sunbury Road/Cherrybottom Park, Project PID 116785 (“Public Project”). As part of that project, CRPD is acquiring real estate located along the trail corridor (“Real Estate”). The Real Estate is located in the Far North East Community along the Big Walnut Creek corridor and will contribute significant benefits towards expanding the regional trail network in Columbus. CRPD now requests the City Attorney’s Real Estate Division acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.) so that CRPD can timely complete the acquisition of the Real Estate.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: This legislation authorizes the appropriation and expenditure of up to $325,000.00 from within the Recreation and Parks Permanent Improvement Fund 7747.
EMERGENCY JUSTIFICATION: Emergency action is necessary in order to acquire the property by April of 2026 to meet the grant funding deadline for the project as required by ODOT and the Mid-Ohio Regional Planning Commission, which will preserve the public peace, health, property, safety and welfare.
Title
To authorize the City Attorney to spend City funds to acquire and accept in good faith certain fee simple and lesser real estate located in the vicinity of Little Turtle to Sunbury Road/Cherrybottom Park, Columbus Ohio 43230 and contract for associated professional services in order for the Recreation and Parks Department to timely complete the acquisition of Real Estate for the Big Walnut Trail Little Turtle to Sunbury Road/Cherrybottom Park, Project; to authorize the appropriation of $325,000.00 within the Recreation and Parks Permanent Improvement Fund; to authorize the transfer of $325,000.00 within the Recreation and Parks Permanent Improvement Fund; to authorize the amendment of the 2024 Capital Improvements Budget; and to declare an emergency. ($325,000.00)
Bod
WHEREAS, the City intends to improve certain public right-of-ways in the vicinity of Little Turtle to Sunbury Road/Cherrybottom Park, Columbus Ohio 43230 by allowing the Recreation and Parks Department (“CRPD”) to engage in the acquisition of Real Estate for the Big Walnut Trail Little Turtle to Sunbury Road/Cherrybottom Park, Project PID 116785 (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire in good faith and accept the necessary fee simple and lesser real estate located in the vicinity of Little Turtle to Sunbury Road/Cherrybottom Park (“Real Estate”) in order for CRPD to complete the Public Project; and
WHEREAS, the City intends for the City Attorney to spend City funds to acquire the Real Estate in good faith and contract for associated professional services (e.g. surveys, title work, appraisals, etc.); and
WHEREAS, it is necessary to authorize the appropriation of $325,000.00 within the Recreation and Parks Permanent Improvement Fund 7747; and
WHEREAS, it is necessary to authorize the transfer of $325,000.00 within the Recreation and Parks Permanent Improvement Fund 7747; and
WHEREAS, it is necessary to authorize the amendment of the 2024 Capital Improvements Budget Ordinance 1907-2024 in order to provide sufficient budget authority for this and future projects; and
WHEREAS, it is necessary for this Council to authorize the expenditure of up to Three Hundred Twenty-five Thousand and 00/100 U.S. Dollars ($325,000.00.00) from the Recreation and Parks Permanent Improvement Fund 7747; and
WHEREAS, it is necessary to authorize an amendment to the 2024 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, an emergency exists in the usual daily operation of CRPD in that it is necessary to acquire the property by April of 2026 to meet the grant funding deadline for the project as required by ODOT and the Mid-Ohio Regional Planning Commission thereby preventing unnecessary delays in the project, for the immediate preservation of 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 City Attorney is authorized to acquire in good faith and accept certain fee simple and lesser real estate located in the vicinity of Little Turtle to Sunbury Road/Cherrybottom Park (“Real Estate”) in order for the Recreation and Parks Department (“CRPD”) to timely complete the acquisition of the Real Estate for the Big Walnut Trail Little Turtle to Sunbury Road/Cherrybottom Park, Project PID 116785 (“Public Project”).
SECTION 2. That the City Attorney is authorized to contract for professional services (e.g. surveys, title work, appraisals, etc.) associated with the Real Estate’s acquisition for the Public Project.
SECTION 3. That the City Attorney, in order to exercise the authority described in Sections One (1) and Two (2) of this ordinance, is authorized to spend up to Three Hundred Twenty-five Thousand and 00/100 U.S. Dollars ($325,000.00), or as much as may be necessary, from the Recreation and Parks Permanent Improvement Fund 7747, according to the account codes in the attachment to this ordinance.
SECTION 4. That the City Auditor is authorized and directed to establish any appropriate accounting codes once the funds necessary to carry out the purpose of this ordinance are deemed appropriated.
SECTION 5. That the appropriation of $325,000.00 is authorized within the Recreation and Parks Permanent Improvement Fund 7747 per the accounting codes in the attachment to this ordinance.
SECTION 6. That the transfer of $325,000.00, or so much thereof as may be needed, is hereby authorized between projects within the Recreation and Parks Permanent Improvement Fund 7747 per the account codes in the attachment to this ordinance.
SECTION 7. That the 2024 Capital Improvements Budget Ordinance 1907-2024 is hereby amended as follows in order to provide sufficient budget authority for this ordinance and future projects:
Fund / Project / Project Name / Current Revised Authority / Current Remaining Authority / Change / Amended Revised Authority / Amended Remaining Authority
Fund 7747 / P510733-100000 / Rocky Fork-Blacklick - Parkland Dedication (Carryover) / $573,480 / $573,480 / $34,197 / $607,677 / $607,677 (to match cash)
Fund 7747 / P510733-100000 / Rocky Fork-Blacklick - Parkland Dedication (Carryover) / $607,677 / $607,677 / ($325,000) / $282,677 / $282,677
Fund 7747 / P512028-100000 / Big Walnut Trail - Little Turtle to Cherry Bottom Park, Alum Creek Trail (Carryover) / $0 / $0 / $325,000 / $325,000 / $325,000
SECTION 8. That the City Auditor is authorized and directed to transfer any unencumbered balance in the Public Project’s account to the unallocated balance within the same fund upon receipt of certification by the director of the department administering the Public Project that the Public Project is complete and the monies are no longer required for the Public Project, except that no transfer can be made from a project account by monies from more than one source.
SECTION 9. That the City Auditor is authorized and directed to establish any proper and appropriate project accounting numbers.
SECTION 10. That the City Auditor is authorized and directed to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 11. That this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.