header-left
File #: 0768-2009    Version: 1
Type: Ordinance Status: Passed
File created: 5/20/2009 In control: Recreation & Parks Committee
On agenda: 6/8/2009 Final action: 6/10/2009
Title: To authorize the Director of the Recreation and Parks Department to grant consent and propose cooperation with the Ohio Department of Transportation (ODOT) and the Mid-Ohio Regional Planning Commission (MORPC) to construct a new trail along Alum Creek from Innis Park to Sunbury Road, and to declare an emergency. ($0.00)
Explanation
This is consent legislation with the Ohio Department of Transportation (ODOT) and the Mid-Ohio Regional Planning Commission (MORPC) to construct a new trail along Alum Creek from Innis Park to Sunbury Road.  This project is a MORPC/ODOT ARRA Federal Stimulus project.
 
This project will build a 2.1 mile segment of the Alum Creek Trail, from Innis Park to Sunbury Road near Mock Park.  The path will include 3 stream crossings.  All right-of-way is secured.  The trail will connect to the existing path in Innis Park on the north, and to an existing trail along Ballyvaughn Drive to Sunbury Road.
 
This project will build a new section of the regional Alum Creek Trail and increase connectivity to Innis Park and natural areas along the stream corridor.  The segment will be one of the final pieces of the Alum Creek greenway.  This will become a part of the Ohio-to-Erie Statewide Trail, traveling from Cincinnati to Columbus and Cleveland.  The project increases safety for the cyclists, pedestrians, and motorists.   The project has extensive support from the civic associations, neighborhood groups, Friends of Alum Creek and Tributaries, and regional trail partners.
 
Principal Parties:
Columbus Recreation and Parks (LPA)
Columbus Public Service Department (inspection)
ODOT (Local Let administration)
MORPC (federal funding administration)
 
Financial Impact
None.  Funding is provided by MORPC/ODOT ARRA Federal Stimulus. A second ordinance will be prepared to approve the construction contract.        
 
Title
To authorize the Director of the Recreation and Parks Department to grant consent  and propose cooperation with the Ohio Department of Transportation (ODOT) and the Mid-Ohio Regional Planning Commission (MORPC) to construct a new trail along Alum Creek from Innis Park to Sunbury Road, and to declare an emergency.  ($0.00)
 
Body
 
      WHEREAS, the Ohio Department of Transportation (ODOT) and the Mid-Ohio Regional Planning Commission (MORPC) and the Department of Recreation and Parks have identified the need to to construct a new trail along Alum Creek from Innis Park to Sunbury Road; and,
 
      WHEREAS, the Department of Recreation and Parks grants consent and agrees to cooperative with the Ohio Department of Transportation (ODOT) and the Mid-Ohio Regional Planning Commission (MORPC) in accordance with the planning, design and construction of this project; and,
 
      WHEREAS, an emergency exists in the usual daily operation of the Department of Recreation and Parks, in that it is immediately necessary to approve this agreement because funding for this project is from ARRA federal stimulus funds, and the City's participation legislation must be obligated in June of 2009 for the immediate preservation of the public health, peace, property and safety; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:  
 
 
SECTION 1.  Consent Statement
Being in the public interest, the City of Columbus gives consent to the Director of Transportation to complete the above-described project.
 
SECTION 2.  Cooperation Statement
The City hereby agrees to cooperate with the Director of  Transportation of the State of Ohio in the described project as follows:
 
The City hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified improvement project and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director.
 
The City shall assume and bear one hundred percent (100%) of the costs of preliminary engineering; right-of-way and utility relocation (if applicable).  Further, the City shall assume and bear one hundred percent (100%) of the total cost of Construction less the amount of federal funds set aside by the Director of Transportation and the Federal Highway Administration.
 
The City agrees to assume and bear one hundred percent (100%) of the total cost of those features requested by the City which are not necessary for the improvement as determined by the State and Federal Highway Administration.
In the event that the City requests certain features or appurtenances be included within the transportation improvement projects design and construction, and which features and appurtenances are determined by the State and the Federal Highway Administration to be not necessary for the transportation improvement project, the City shall, prior to the project being advertised for construction contract bidding purposes, provide appropriate documentation that its Council has appropriated, and its Auditor has certified as being available for such specific purposes, funds sufficient in amount to cover one hundred percent of the costs of incorporating such additional features or appurtenances within the project, including preliminary engineering, final design, right-of-way, construction and construction engineering expenses as may be directly related thereto.
 
SECTION 3. Utilities and Right-of-Way Statement
The City  agrees that all right-of-way required for the described project will be acquired and/or made available in accordance with current State and Federal regulations.  The City also understands that right-of-way costs include eligible utility costs. The City agrees that all utility accommodation, relocation, and reimbursement shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
 
SECTION 4. Maintenance
Upon completion of the described Project, and unless otherwise agreed, the City shall:  (1) provide adequate maintenance for the described Project in accordance with all applicable state and federal law, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the described Project; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said right-of-way inviolate for public highway purposes.
 
SECTION 5. Authority to Sign
The Director of Recreation and Parks is hereby empowered on behalf of the City of Columbus to enter into contracts with the Director of Transportation necessary to complete the above described project.
 
 
SECTION 6.      This Ordinance is hereby declared to be an emergency measure to expedite the highway project(s) and to promote highway safety. Following appropriate legislative action, it shall take effect and be in force immediately upon its passage and approval, otherwise it shall take effect and be in force from and after the earliest period allowed by law.