Explanation
Background: The City of Columbus has been granted numerous electric, sewer, and water easements in, over, under, across, and through State of Ohio real property for purposes of constructing, installing, reconstructing, replacing, removing, repairing, maintaining and operating utility lines and appurtenances therein. The State of Ohio, Department of Administrative Services, by State statute, may grant only a 15-year easement to the City of Columbus for such purposes. Therefore, from time to time the easements expire, making it necessary to renew existing easements or to obtain new easements in order to continue operating such utility lines. It is the policy and practice of the State of Ohio that such deeds of easement be signed on behalf of the Grantee for purposes of accepting the terms therein. The Director of Public Utilities does not have the authority without an ordinance of Council to sign accepting such easements on behalf of the City of Columbus. The following legislation would grant the Director of the Department of Public Utilities continuing authority to execute, on behalf of the City of Columbus, all utility easements agreements between the City of Columbus and the State of Ohio and/or The Ohio State University, provided the same are approved as to form or prepared by the City Attorney's Office, Real Estate Division.
Fiscal Impact: N/A
Emergency Justification: N/A
Title
To grant the Director of Public Utilities authority to execute, on behalf of the City of Columbus, all new or renewal utility easement agreements that the Director has determined must be obtained from the State of Ohio and/or The Ohio State University, as necessary for the construction, operation or maintenance of such utilities.
Body
WHEREAS, the City of Columbus has been granted numerous electric, sewer, and water easements in, over, under, across, and through State of Ohio real property for purposes of constructing, installing, reconstructing, replacing, removing, repairing, maintaining and operating utility lines and appurtenances therein; and,
WHEREAS, the State of Ohio, Department of Administrative Services, pursuant to the Ohio Revised Code, may grant only a 15 year easement to the City of Columbus for such purposes; and,
WHEREAS, from time to time such 15 year easements expire or new utility easements are required, making it necessary to renew existing easements or obtain new easements in order to continue operating such utility lines; and,
WHEREAS, it is the policy and practice of the State of Ohio that such deeds of easement be signed on behalf of the Grantee for purposes of accepting the terms contained therein; and,
WHEREAS, the Director of Public Utilities, does not have the authority to sign and accept such easements on behalf of the City of Columbus; and
WHEREAS, it is in the best interest of the City for the Director of Public Utilities, as the City official with the specific knowledge of the need for easements for utilities under her/his direction and control, to be authorized to accept and sign as Grantee, on behalf of the City, for all public utility easements granted by the State of Ohio and The Ohio State University without the necessity of future ordinances accepting each easement; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. The Director of Public Utilities, is hereby granted continuing authority to execute, on behalf of the City of Columbus, all new or renewal utility easement agreements that the Director has determined must be obtained from the State of Ohio and/or The Ohio State University, as necessary for the construction, operation or maintenance of such utilities, provided that such easements are approved as to form or prepared by the City Attorney's Office, Real Estate Division.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.