Explanation
1. BACKGROUND:
Ordinance #1039-2007, passed on July 23, 2007, granted a conservation easement of approximately 3.052 acres between the City of Columbus, Ohio, and the Ohio Department of Natural Resources. The conservation easement is upon certain real property located east of State Route 104, northwest of the Division of Sewerage and Drainage's Compost Facility, identified as Franklin County Tax Parcel Numbers 010-242552, 010-242553, 010-242554. Division engineering personnel have determined these easements both necessary and beneficial to the City, and as such the original legislation authorized the execution of the documents necessary for the granting of the aforementioned easement. The Ohio Department of Natural Resources is not the grantee for the property involved under this conservation easement, thus making the original ordinance incorrect.
This ordinance will change the grantee name from the Ohio Department of Natural Resouces to the correct grantee name of the Franklin Soil and Water Conservation District.
2. FISCAL IMPACT:
This is a zero dollar modification and no fiscal impact will occur.
3. EMERGENCY DESIGNATION:
The Division of Sewerage and Drainage hereby requests City Council to concur in the designation of this ordinance as an emergency measure, to assure that the delay due to the misnamed grantee in regards to the conservation easement does not slow the project and that contract work may progress as soon as possible.
Title
To amend Ordinance #1039-2007, passed on July 23, 2007 to modify the grantee name associated with the conservation easement; and to declare an emergency.
Body
WHEREAS, Ordinance #1039-2007, passed on July 23, 2007, allowed the granting of conservation easement of approximately 3.052 acres between the City of Columbus, Ohio, and the Ohio Department of Natural Resources; and
WHEREAS, this ordinance will amend Ordinance #1039-2007 by changing the grantee name to reflect the correct title of Franklin Soil and Water Conservation District; and
WHEREAS, all other items and commitments contained in Ordinance #1039-2007 are unchanged by this ordinance and will remain in effect; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to amend Ordinance #1039-2007, as work on this project cannot progress until the correct grantee name for the conservation easement is identified; and 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. That the existing Title of Ordinance #1039-2007, passed on July 23, 2007, be hereby repealed and replaced with a new Title reading as follows:
Title
To authorize the Director of Public Utilities to execute a "Deed of Conservation Easement" and any ancillary documents necessary to grant the Ohio Department of Natural Resources, Franklin Soil and Water Conservation District a perpetual conservation easement across certain City owned property, east of State Route 104, northwest of the Division of Sewerage and Drainage's Compost Facility and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes; to authorize a transfer of $167,200.00 within the Voted Sanitary Sewer Bond Fund; to amend the 2007 Capital Improvements Budget; and to authorize the expenditure of $167,200.00 from the Voted Sanitary Sewer Bond Fund for the cost of riparian corridor improvements, for the Division of Sewerage and Drainage.($167,200.00).
SECTION 2. That the existing third whereas of Ordinance #1039-2007, passed on July 23, 2007, be hereby repealed and replaced with a new third whereas reading as follows:
WHEREAS, under the terms of the subject Stream Mitigation Plan, Division of Sewerage and Drainage engineering personnel have determined it necessary for the City to grant the Ohio Department of Natural Resources Franklin Soil and Water Conservation District a conservation easement to the benefit of the citizens of Columbus and the State of Ohio, for the protection of a portion of the natural resources tributary to the Scioto River; and
SECTION 3. That the existing fifth whereas of Ordinance #1039-2007, passed on July 23, 2007, be hereby repealed and replaced with a new fifth whereas reading as follows:
WHEREAS, it is necessary for this Council to authorize the Director of Public Utilities to execute those documents necessary to grant a Deed of Conservation
Easement to the Ohio Department of Natural Resources Franklin Soil and Water Conservation District for protection of the natural resources of a portion of the tributary area of the Scioto River, at the earliest practicable date;
SECTION 4. That the existing Section 1 of Ordinance #1039-2007, passed on July 23, 2007, be hereby repealed and replaced with a new Section 1 reading as follows:
Section 1. That the Director of the Public Utilities Department be and hereby is authorized to execute a Deed of Conservation Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the Ohio Department of Natural Resources Franklin Soil and Water Conservation District a perpetual conservation easement across the following described real property under terms and conditions of the City's 3.052 Acre Conservation Easement described within the Stream Mitigation Plan associated with the aforementioned capital improvements project.
SECTION 5. That the existing Section 2 of Ordinance #1039-2007, passed on July 23, 2007, be hereby repealed and replaced with a new Section 2 reading as follows:
Section 2. That the Director of the Public Utilities Department be and hereby is authorized to execute a Deed of Conservation Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the Ohio Department of Natural Resources Franklin Soil and Water Conservation District a perpetual conservation easement across the following described real property under terms and conditions of the City's 3.052 Acre Conservation Easement described within the Stream Mitigation Plan associated with the aforementioned capital improvements project.
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 which 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.