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File #: 1453-2006    Version: 1
Type: Ordinance Status: Passed
File created: 8/7/2006 In control: Public Service & Transportation Committee
On agenda: 9/11/2006 Final action: 9/14/2006
Title: To vacate that portion of Scott Street from Grubb Street to its western terminus at State Route 315 as requested by the Homeless Families Foundation; and to the extent they may apply to waive the competitive bidding provisions and the Land Review Commission requirements of Columbus City Codes; and to declare an emergency.
Explanation
 
The Public Service Department, Transportation Division, received a request from the Homeless Families Foundation ("Foundation") asking that the City vacate that portion of Scott Street from Grubb Street to its western terminus at State Route 315.  This right-of-way is adjacent to the Foundation's recently renovated Dowd Education Center ("Center") located at 33 North Grubb Street.  Vacation of this unused right-of-way will allow the Foundation to construct a spacious, safe playground for the children of those homeless families taking advantage of the services offered at the Center and will allow for the construction of some much needed off-street parking spaces for staff and visitors to the Center.  Per current Transportation Division practice, comments were solicited from interested parties, including other City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon the vacation of this right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way.  The following legislation vacates that portion of Scott Street from Grubb Street to its western terminus at State Route 315 as dedicated public right-of-way.
 
Emergency Justification:  Emergency action is being requested to allow construction of the proposed improvements to this right-of-way to begin immediately so they can be completed by early next year.
 
Title
 
To vacate that portion of Scott Street from Grubb Street to its western terminus at State Route 315 as requested by the Homeless Families Foundation; and to the extent they may apply to waive the competitive bidding provisions and the Land Review Commission requirements of Columbus City Codes; and to declare an emergency.
 
Body
 
WHEREAS, the Public Service Department, Transportation Division, received a request from the Homeless Families Foundation ("Foundation") asking that the City vacate that portion of Scott Street from Grubb Street to its western terminus at State Route 315; and
 
WHEREAS, this right-of-way is adjacent to the Foundation's recently renovated Dowd Education Center ("Center") located at 33 North Grubb Street; and
 
WHEREAS, vacation of this right-of-way will allow the Foundation to construct a spacious, safe playground for the children of those homeless families taking advantage of the services offered at the Center; and
 
WHEREAS, vacation of this unused right-of-way will also allow for the construction of some much needed off-street parking spaces for staff and visitors to the Center; and
 
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including other City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon the vacation of this right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way; and
 
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to vacate that right-of-way identified as a portion of Scott Street from Grubb Street to its western terminus at State Route 315 as dedicated public right-of-way so that construction of proposed improvements to this right-of-way that will benefit the homeless families taking advantage of the services offered at the Dowd Education Center can begin as soon as possible 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 Scott Street from Grubb Street to its western terminus at State Route 315 be and hereby is vacated as public right-of-way subject to a general utility easement for those utilities currently located within said right-of-way.
 
Section 2.  That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the transfer of this excess right-of-way.
 
Section 3.  That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be transferred without requiring a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this excess right-of-way.
 
Section 4.  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.