Explanation
BACKGROUND: The City’s Recreation and Parks Department (“CRPD”) is engaged in the acquisition of a former rail line running in a northwesterly direction from approximately 17th Avenue west of the intersection with Joyce Avenue to Paris Court west of the intersection with Westerville Road from Clark Baltzell d/b/a BZ Investors. The City has been awarded an Ohio Public Works Commission Grant in the amount of $2.474 million dollars, pursuant to Ordinance No. 1798-2023, towards the purchase of the Linden Green Line Project. The seven-mile corridor traverses through the South Linden, North Linden, and Northland communities, with over 131,000 residents living nearby. CRPD has successfully negotiated a purchase contract for the purchase of the Real Estate consisting of approximately 58.422 acres and comprised of parcels 010-244168, 130-000075, 190-000071, 010-087437, 110-000063, 600-110562, 113-0010061, and 010-222041 (“Real Estate”). 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.) as part of the closing so that CRPD can timely complete the acquisition of the Real Estate (“Public Project”).
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: $5,000,000.00 is budgeted and available from within the Recreation and Parks Grant Fund 2283 and Voted Bond Fund 7702 to meet the financial obligations of this acquisition.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and meet the October 9, 2023 date for City Council approval in the purchase contract thereby allowing the Recreation and Parks Department to timely complete the Public Project without unnecessary delay, 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 the real property consisting of approximately 58.422 of former rail corridor located on the City’s northeast side; to contract for associated professional services in order for the Recreation and Parks Department to timely complete the acquisition of the property; to authorize the transfer of $52,000.00 within the Recreation and Parks Voted Bond Fund, to authorize the amendment of the 2023 Capital Improvements Budget; to authorize and expend up to $5,000,000.00 from the Recreation and Parks Grant Fund 2283 and Voted Bond Fund 7702, and to declare an emergency. ($5,000,000.00)
Body
WHEREAS, the Recreation and Parks Department (“CRPD”) desires to purchase approximately 58.422 acres of former rail corridor comprised of parcels 010-244168, 130-000075, 190-000071, 010-087437, 110-000063, 600-110562, 113-0010061, and 010-222041 running in a northwesterly direction from approximately 17th Avenue west of the intersection with Joyce Avenue to Paris Court west of the intersection with Westerville Road (i.e. Real Estate); and
WHEREAS, authority is needed to authorize the City attorney to acquire and accept the Real Estate in order for CRPD to complete the acquisition of the Real Estate (i.e. “Public Project”); and
WHEREAS, the purchase of this Real Estate will allow for the Recreation and Parks Department to establish a 58 acre linear park along the former rail corridor; and
WHEREAS, it is necessary to authorize the transfer of $52,000.00 within the Recreation and Parks Voted Bond Fund 7702; and
WHEREAS, it is necessary to authorize the amendment of the 2023 Capital Improvements Budget Ordinance 1711-2023 in order to provide sufficient budget authority for this and future projects; and
WHEREAS, the City Attorney is authorized to spend up to Five Million and 00/100 U.S. Dollars ($5,000,000.00), or as much as is necessary, from the Recreation and Parks Grant Fund 2283 and Voted Bond Fund 7702 to acquire the Real Estate; and
WHEREAS, the City intends for the Director of the Recreation and Parks Department (“CRPD”) to execute and acknowledge any document(s) necessary to complete the purchase of the Real Estate; and
WHEREAS, an emergency exists in the usual daily operation of the CRPD in that it is immediately necessary to acquire the Real Estate without delay, which will preserve the public peace, property, health, welfare, and safety; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney is authorized to acquire and accept certain fee simple title and lesser real estate consisting of approximately 58.422 acres of former rail corridor comprised of parcels 010-244168, 130-000075, 190-000071, 010-087437, 110-000063, 600-110562, 113-0010061, and 010-222041 running in a northwesterly direction from approximately 17th Avenue west of the intersection with Joyce Avenue to Paris Court west of the intersection with Westerville Road (i.e. “Real Estate”) in order for the Recreation and Parks Department (i.e. “CRPD”) to timely complete the acquisition of the Real Estate (i.e. “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 director of the Recreation and Parks Department (“CRPD”) be, and hereby is, authorized to execute those documents, prepared by the City Attorney’s Office, Department of Law, Real Estate Division, necessary to complete the purchase of the Real Estate.
SECTION 5. That the transfer of $52,000.00 or so much thereof as may be needed, is hereby authorized between projects within the Recreation and Parks Bond Fund 7702 per the account codes in the attachment to this ordinance.
SECTION 6. That the 2023 Capital Improvements Budget Ordinance 1711-2023 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 7702 / P510303-100000 / Greenways - Alum Creek Trail (Voted Carryover) / $0 / $0 / $15,466 / $15,466 / $15,466 (to match cash)
Fund 7702 / P510304-100000 / Greenways - Big Walnut Trail (Voted Carryover) / $0 / $0 / $3,788 / $3,788 / $3,788 (to match cash)
Fund 7702 / P510307-100000 / Greenways - Camp Chase Trail (Voted Carryover) / $0 / $0 / $6,067 / $6,067 / $6,067 (to match cash)
Fund 7702 / P510316-100000 / Greenways Projects (Voted Carryover) / $0 / $0 / $5,904 / $5,904 / $5,904 (to match cash)
Fund 7702 / P510316-100115 / Planning Area 15 Greenways Improvements (Voted Carryover) / $0 / $0 / $78,567 / $78,567 / $78,567 (to match cash)
Fund 7702 / P510928-513000 / OPWC - Linden Green Line Grant Match (Voted Carryover) / $0 / $0 / $2,474,000/ $2,474,000 / $2,474,000 (to match cash)
Fund 7702 / P510303-100000 / Greenways - Alum Creek Trail (Voted Carryover) / $15,466 / $15,466 / ($15,466) / $0 / $0
Fund 7702 / P510304-100000 / Greenways - Big Walnut Trail (Voted Carryover) / $3,788 / $3,788 / ($3,788) / $0 / $0
Fund 7702 / P510307-100000 / Greenways - Camp Chase Trail (Voted Carryover) / $6,067 / $6,067 / ($6,067) / $0 / $0
Fund 7702 / P510316-100000 / Greenways Projects (Voted Carryover) / $5,904 / $5,904 / ($5,904) / $0 / $0
Fund 7702 / P510316-100115 / Planning Area 15 Greenways Improvements (Voted Carryover) / $78,567 / $78,567 / ($20,776) / $57,791 / $57,791
Fund 7702 / P510928-513000 / OPWC - Linden Green Line Grant Match (Voted Carryover) / $2,474,000 / $2,474,000 / $52,000 / $2,526,000 / $2,526,000
SECTION 6. 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 Five Million and 00/100 U.S. Dollars ($5,000,000.00) or as much as may be necessary, from Recreation and Parks Grant Fund 2283 and Voted Bond Fund 7702 according to the account codes in the attachment to this ordinance, which is made a part of this ordinance and fully incorporated for reference as if rewritten.
SECTION 7. 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 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 passage and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.