Explanation
BACKGROUND: This ordinance authorizes the Director of the Department of Development to enter into a Third Modification of the Participation Agreement among the city of Columbus (Columbus), Prairie Township (Prairie) and Brown Township (Brown) for the procurement and payment of professional consulting services in connection with the implementation of the Big Darby Town Center. The original Participation Agreement with Prairie Township was authorized by City Council on December 5, 2012 by City Ordinance 2608-2012. The first modification was entered into for the purpose of bringing Brown Township (Brown) into the Participation Agreement along with Prairie Township (Prairie) and the city of Columbus (Columbus). The purpose of the second modification, authorized by Ordinance 1606-2013, was to increase the available funding from $110,000 to $140,000.
All three are local jurisdictions within the Franklin County portion of the Big Darby Watershed and have been involved in the Big Darby Accord process. This is a process that is intended to protect the water quality and other natural resources of this watershed, within the context of a balanced development approach and respecting the rights of property owners. The Big Darby Accord Watershed Master Plan of 2006 designates that the development of a Town Center be a large consideration in the preservation of the Watershed in Franklin County. Brown, Prairie and Columbus are three of the four jurisdictions that adopted the Big Darby Town Center Master Plan (December 2011). They have a direct interest in the successful development and creation of the Town Center and desire to bring it closer to implementation.
The purpose of this Third Modification is to increase the amount available for paying the consultant team from $140,000 to $182,000, and to share the additional $42,000 equally between Columbus and Prairie. The Columbus share of funds will be provided to Prairie as the heretofore established financial agent for the parties, to pay such costs. The willingness of Brown, Prairie and Columbus to continue to participate in this initiative and to share in funding is based upon the understanding and condition that all parties adhere to each and every element and principle contained in the Participation Agreement and all modifications thereto. The additional sum encumbered by Columbus through this Ordinance is not to exceed $21,000.
Emergency action is requested in order to avoid delays in the Big Darby Town Center implementation process.
FISCAL IMPACT: $21,000 is available in the Water Operating and the Sanitary Sewer Operating Funds for this purpose.
Title
To authorize the Director of the Department of Development to enter into a Third Modification to the Participation Agreement with Prairie Township and Brown Township for professional services in connection with the implementation of the Big Darby Town Center; to authorize the expenditure of $10,500.00 from the Sewer Operating Fund and $10,500.00 from the Water Operating Fund; and to declare an emergency. ($21,000.00)
Body
WHEREAS, Brown Township ("Brown") and Prairie Township ("Prairie") and the city of Columbus ("Columbus") are local jurisdictions within the Franklin County portion of the Big Darby Watershed (the "Watershed"); and
WHEREAS, Brown and Prairie and Columbus, the parties to this Modification, have been involved in the Big Darby Accord process, which is intended to protect the water quality and other natural resources of the Watershed, within the context of a balanced development approach and respecting the rights of property owners; and
WHEREAS, the Big Darby Accord Watershed Master Plan of 2006 establishes guiding principles and designates the development of a Town Center to be a large consideration in the preservation of the Watershed in Franklin County in a balanced manner; and
WHEREAS, the Big Darby Town Center Master Plan was prepared with the cooperation of the parties to more fully define the proposed Town Center and to prepare a framework for its successful development, and said plan was adopted in December 2011 by the parties and by Franklin County; and
WHEREAS, Prairie and Brown and Columbus all have a direct interest in the successful development and creation of the Town Center; and
WHEREAS, Prairie and Columbus on November 28, 2012, entered into the original Big Darby Town Center Master Plan Implementation Participation Agreement ("Participation Agreement"); and
WHEREAS, Prairie and Columbus (the two original parties as noted in the previous clause), acting in concert with Brown, modified the Participation Agreement in such a manner that made Brown also a party thereto, and that brought the total funding available at that time to $110,000; and
WHEREAS, a second modification to the Participation Agreement that was authorized in June 2013 by Ordinance 1606-2013 increased the available funding at that time from $110,000 to $140,000, and provided that the additional funding would be provided equally by Prairie and Columbus; and
WHEREAS, Prairie and Brown and Columbus now desire to have Prairie enter into a modified contract with the lead consultant selected by mutual agreement of the parties that will allow for additional funding of $42,000 in order to perform preliminary engineering analysis in connection with the treatment of wastewater from the Town Center and the provision of water to the Town Center; and
WHEREAS, this third modification to the Participation Agreement will bring its total funding up from $140,000 to $182,000, with its $42,000 of additional funding coming equally from Prairie and Columbus; and
WHEREAS, the amount added by this Modification will not exceed $21,000 and the Columbus total funding responsibility under the modified Participation Agreement will not exceed $86,000; and
WHEREAS, the willingness of Prairie Township and Brown Township and the City of Columbus to participate in this initiative and provide the identified shares of funding assistance is based upon the understanding and condition that all parties adhere to each and every element and principle contained in the Participation Agreement as modified by the previous two Modifications and by this Modification, and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to authorize the Director of the Department of Development to enter into this Third Modification to the Participation Agreement with Prairie Township and Brown Township for professional services in connection with the implementation of the Big Darby Town Center in order to avoid delays in the implementation process, thereby preserving 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 Director of the Department of Development is hereby authorized to enter into a Third Modification to the Participation Agreement with Prairie Township and Brown Township for professional services in connection with the implementation of the Big Darby Town Center, such that the total funds available for the project will be increased from $140,000 to $182,000, with not more than $21,000 of the $42,000 in potential additional funding to be provided by the City of Columbus and the Columbus total funding responsibility under the modified Participation Agreement will not exceed $86,000.
SECTION 2. That except insofar as specifically adjusted by the First Modification or by the Second Modification previously authorized, or by this Third Modification hereby authorized, the terms of the previously entered into Participation Agreement shall remain in full force and effect.
SECTION 3. That for the purpose stated in Section 1, the expenditure of $21,000.00, or so much thereof as may be necessary, is hereby authorized to be expended from as follows:
Fund: 650
OCA: 605006
Object Level: 3407
Amount: $10,500.00
Fund: 600
OCA: 601849
Object Level: 3407
Amount: $10,500.00
SECTION 4. 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 5. 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.