Explanation
The Division of Water would like to amend Chapter 1105 of the Columbus City Codes, 1959, regarding terminology associated with yard restoration. Terminology needs to be expanded to include not only "excavation performed in an easement", but also should include "excavation performed in a public right-of-way".
FISCAL IMPACT: It is estimated that there will be no fiscal impact due to the addition of this verbiage.
Title
To amend Chapter 1105 of the Columbus City Codes, 1959, regarding terminology located within the Yard Restoration portion of the Code.
Body
WHEREAS, the Division of Water performs excavation for the purposes of repairing or replacing portions of the water distribution system both in easements and in public right-of-ways; and,
WHEREAS, prior legislation only referenced easement instead of including wording referring to public right-of-way; and,
WHEREAS, the Division of Water would like to add terminology to include public right-of-way; and,
WHEREAS, it has become necessary in the usual daily operation of the Division of Water, Department of Public Utilities, to authorize the Council of the City of Columbus to amend Chapter 1105 of the Columbus City Codes, regarding the addition of terminology relating to public right-of-way when in conjunction with yard restoration, for the preservation of public health, peace, property and safety; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Chapter 1105 of the Columbus City Codes, 1959, be amended by changing the following language:
1105.20 Yard Restoration
In cases wherein the Division of Water has performed excavation in an easement or public right-of-way for the purposes of repairing or replacing a portion of the water distribution system, the Division of Water may offer to compensate property owner for acceptance of responsibility for yard restoration in lieu of the Division of Water providing this service. Acceptance of responsibility shall be established by means of a signed agreement with the property owner. Compensation shall be made as a credit to the property owner's account. Compensation shall be based on the square footage of the damaged area applied to a predetermined cost structure, based on actual costs.
Section 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.