Explanation
Background: The City of Columbus is the owner of certain real property located at 1250 Fairwood Avenue. The property houses the Sewer Maintenance Operation Center; the Police Property Room, and the Department of Safety's Communication Center. The City desires to grant Time Warner Telecom of Ohio LLC a Delaware limited liability company the immediate right to enter upon its property in order to install, and repair, operate fiber optic and/or coaxial cable related equipment which will service the Fairwood Avenue facility. This cable service will provide the City of Upper Arlington with connectivity to the Communication Center for emergency related communication services. After investigation by the Department of Public Utilities it has been determined that the installation of services will directly benefit the City and therefore the easement should be granted at no charge. The following legislation authorizes the Director of the Department of Pubic Utilities to execute a Right-Of-Entry agreement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the Time Warner Telecom of Ohio LLC the immediate right to enter upon the subject property in order to install fiber optic and/or coaxial cable related equipment which will service the Fairwood Avenue facility for the immediate preservation of the public peace, property, health and safety
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to enter into a Right-of-Entry agreement between the City, and the Time Warner Telecom of Ohio LLC a Delaware limited liability company for the immediate right to enter upon that real property commonly known as 1250 Fairwood Avenue in order to install, and repair, operate fiber optic and/or coaxial cable related equipment which will service the Fairwood Avenue facility, and to declare an emergency.
Body
WHEREAS, the City of Columbus is the owner of certain real property located at 1250 Fairwood Avenue; and
WHEREAS, the property is the location of the Sewer Maintenance Operation Center; the Police Property Room, and the Department of Safety's Communication Center; and
WHEREAS, the City desires to grant Time Warner Telecom of Ohio LLC a Delaware limited liability company the immediate right to enter upon its property in order to install, and repair, operate fiber optic and/or coaxial cable related equipment which will service the 1250 Fairwood Avenue facility; and
WHEREAS, this cable service will provide the City of Upper Arlington with connectivity to the Communication Center for emergency related communication services; and
WHEREAS, after investigation by the Department of Public Utilities it has been determined that the installation of services will directly benefit the City and therefore the easement should be granted at no charge; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of the Department of Public Utilities to execute those documents necessary to enter into a Right-Of-Entry agreement between the City, and Time Warner Telecom of Ohio LLC for the immediate right to enter upon its property in order to install, and repair, operate fiber optic and/or coaxial cable related equipment which will service the 1250 Fairwood Avenue facility for the preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities, be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to enter into Right-Of-Entry between the City, and the Olen Corporation ("Lessee"), an Ohio corporation, and Time Warner Telecom of Ohio LLC for the immediate right to enter upon that real property known as 1250 Fairwood Avenue, Columbus, Ohio 43206 (PID 010-104054) in order to install, and repair, operate fiber optic and/or coaxial cable related equipment.
Section 2. That for the reasons state in the preamble hereto, which is hereby made a part hereof, 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 its passage if the Mayor neither approves nor vetoes the same.