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File #: 1620-2025    Version: 1
Type: Ordinance Status: Passed
File created: 6/4/2025 In control: Public Utilities & Sustainability Committee
On agenda: 6/23/2025 Final action: 6/23/2025
Title: To authorize the Director of the Department of Public Utilities to enter into a Water Resource Restoration Sponsor Program agreement with the Western Reserve Land Conservancy for their Tinker's Creek Wetlands Protection Project and to execute those documents necessary to enter into this sponsorship agreement; and to declare an emergency. ($0.00)

Explanation   

1.  BACKGROUND

This ordinance authorizes the Director of Public Utilities to enter into a Water Resource Restoration Sponsor Program (WRRSP) Agreement with the Western Reserve Land Conservancy for their Tinker's Creek Wetlands Protection Project, and to execute those documents necessary to enter into this sponsorship agreement.

 

The State of Ohio created the Water Pollution Control Loan Fund (WPCLF) to provide financial assistance for water resource protection and improvement actions.  This program is jointly administered by the Ohio Environmental Protection Agency (OEPA) and the Ohio Water Development Authority (OWDA).  The Department of Public Utilities (DPU), with City Council approval, uses the WPCLF to fund many of its sanitary and storm water projects.  The OEPA created the Water Resource Restoration Sponsor Program (“WRRSP”) within the WPCLF for the effective perpetual protection and maintenance of Ohio’s high-quality aquatic ecosystem resources.  An applicant applying to the WPCLF for financing of a water quality improvement project may also sponsor a qualifying WRRSP project to be undertaken by itself or by an entity with the ability to implement the WRRSP project.  The WRRSP program works by providing funds, through WPCLF loans, to finance the implementation of projects that protect or restore water resources.  As loans are repaid to the WPCLF, the repayment goes primarily towards outstanding debt service and other bond obligations as well as returning money to the fund for future loan awards. A very small portion of this loan repayment is designated for use on WRRSP projects.  There is no cost to a sponsoring organization such as DPU to sponsor a WRRSP project, and the sponsoring organization receives a reduction in the interest rate charged on their sponsoring WPCLF loan.

 

The Ohio Department of Natural Resources and the OEPA contacted DPU about sponsoring the Tinker's Creek Wetlands Protection Project.  This project consists of approximately 40 acres located on Ravenna Road in the City of Hudson in Summit County.  The property is adjacent to a block of approximately 2,500 acres of protected land along Tinker's Creek which includes Tinker's Creek State Park, Tinker's Creek State Nature Preserve, Aurora Wetlands, and Summit Metro Park’s Liberty Park.  The property contains 14 acres of high-quality Category 3 wetlands, 935 linear feet of Tinker’s Creek, and 26 acres of diverse forests.  Its wetlands are connected to a larger 500+ acre wetland complex located within the conservation corridor.  The property expands on a green corridor and provides important habitat for plant and bat species, with over 65 plant species, 86 bird species, and 4 bat species documented on the property or adjacent properties.  This project will expand on an existing protected corridor while preserving and maintaining valuable water resources that contribute to the attainment goals of the Headwaters Tinker's Creek subwatershed.  The project cost is estimated to be$1,358,000.00, all of which is paid by the Western Reserve Land Conservancy with WRRSP funds.  The Western Reserve Land Conservancy will also be administering the construction of the project.

 

The WPCLF financed project DPU proposes to use for this sponsorship is Blueprint Hilltop 1 - Palmetto/Westgate Lateral Lining Project 1, CIP #650872-153001.  Bids for this project have been opened and an ordinance requesting City Council's approval to award the contract and expend funds for construction is expected to be on City Council's 6/30/25 and 7/14/25 agendas.  The loan for the Blueprint Hilltop 1 - Palmetto/Westgate Lateral Lining Project 1 is expected to be approved at the OWDA July Board meeting.  DPU will also need to provide the OEPA a letter of intent to sponsor the Tinker's Creek Wetlands Protection Project and execute a sponsorship agreement with the Western Reserve Land Conservancy for the project.  DPU staff will review invoices the Western Reserve Land Conservancy submits for payment on this project to ensure they are for project qualifying expenses, and the invoices are then sent to OEPA for review before being submitted to OWDA for payment. 

 

2.  FISCAL IMPACT

There is no cost to the City or to the Department of Public Utilities (DPU) to sponsor the Tinker's Creek Wetlands Protection Project.  DPU expects to receive a 0.10 interest rate discount on the 20-year loan that will fund the $6,204,406.56 construction cost of the Blueprint Hilltop 1 - Palmetto/Westgate Lateral Lining Project 1, CIP #650872-153001.

 

3.  EMERGENCY DESIGNATION

Emergency designation is requested as this ordinance must be effective the week of 6/23/25 so the sponsorship documents can be executed in time to allow processing prior to the Ohio Water Development Authority's July Board meeting, which is when the loan for the Blueprint Hilltop 1 - Palmetto/Westgate Lateral Lining Project 1 is expected to be approved, so the Department of Public Utilities will receive the interest rate discount for the 20-year loan for this project. 

 

Title

To authorize the Director of the Department of Public Utilities to enter into a Water Resource Restoration Sponsor Program agreement with the Western Reserve Land Conservancy for their Tinker's Creek Wetlands Protection Project and to execute those documents necessary to enter into this sponsorship agreement; and to declare an emergency.  ($0.00)

 

Body

WHEREAS, the Department of Public Utilities seeks to construct the Blueprint Hilltop 1 - Palmetto/Westgate Lateral Lining Project 1, CIP #650872-153001; and

 

WHEREAS, the Department of Public Utilities intends to apply for Water Pollution Control Loan Fund (WPCLF) funding for the construction of said improvement of the Blue Print Hilltop 1 - Palmetto/Westgate Lateral Lining Project 1; and

 

WHEREAS, the Department of Public Utilities and the City of Columbus Council recognizes the importance of and supports the conservation and enhancement of natural resources such as the 14 acres of high-quality Category 3 wetlands, 935 linear feet of Tinker’s Creek, and 26 acres of diverse forests through the Tinker’s Creek Wetlands Protection Water Resource Restoration Sponsor Program (WRRSP) Project; and

 

WHEREAS, the Western Reserve Land Conservancy has proposed acquiring and protecting valuable water resources through the Tinker’s Creek Wetlands Protection WRRSP Project for a sponsorship amount not to exceed $1,358,000.00; and

 

WHEREAS, the Department of Public Utilities intends to participate in the WRRSP in association with the WPCLF to assist the Western Reserve Land Conservancy in the acquisition and protection of the Tinker's Creek Wetlands Protection Project up to the aforementioned sponsorship amount; and

 

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that this ordinance must be effective no later than the week of 6/23/25 so the sponsorship documents can be executed in time to allow processing prior to the Ohio Water Development Authority's July Board meeting, which is when the loan for the Blueprint Hilltop 1 - Palmetto/Westgate Lateral Lining Project 1 is expected to be approved, so the Department of Public Utilities will receive the interest rate discount for that 20-year loan, for the immediate preservation of the public health, peace, property, safety, and welfare; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

SECTION 1. That City Council authorizes the Director of the Department of Public Utilities to participate in the Water Resource Restoration Sponsor Program in association with the Water Pollution Control Loan Fund for the Tinker's Creek Wetlands Protection Project and to execute those documents needed to participate in the sponsorship program for the Tinker's Creek Wetlands Protection Project.

 

SECTION 2. This City of Columbus Council hereby finds and determines that all formal actions relative to the passage of this resolution were taken in an open meeting of this Council, and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Ohio Revised Code.

 

SECTION 3.  That for the reasons stated in the preamble hereto, which is made a part hereof, this Ordinance is 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 (10) days after passage if the Mayor neither approves nor vetoes this Ordinance.