Explanation
Background: The Department of Public Utilities, Division of Sewerage and Drainage has determined that it is in the best interest of the City of Columbus to assist a private developer in obtaining certain sewer easements across certain real property, owned by Conrail. The subject property is located in the vicinity of Hayden Run Road and the railroad. Dominion Homes, the developer, has agreed to pay all costs incurred by the City related to its assistance in this matter. The City of Columbus and Dominion Homes, Inc., desire to enter into an Escrow Agreement subsequently authorizing the City Auditor to act as the Escrow Agent to facilitate the acquisition of the aforementioned real property interest(s), and in accordance with the intent of the Escrow Agreement, the City Attorney be authorized to contract for professional services and to acquire real property interests necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of the Railroad. The escrow agreement is necessary to provide a funding mechanism for those acquisitions. The following legislation authorizes the execution of those documents necessary to enter into an Escrow Agreement by, between and among the Columbus City Attorney, Columbus City Auditor and Dominion Homes, Inc., an Ohio corporation, and further authorizes the Auditor act as Escrow Agent on behalf of the City.
Fiscal Impact: Funding for this project will come from an escrow or trust fund in the name of the Escrow Agent and identified as Fund No. 324-030.
Emergency Justification: Emergency action is requested to allow the establishment of the Escrow Account to proceed without delay thereby allowing this project to remain within the established time frame thus avoiding a more costly future alternative.
To authorize the City Attorney and the City Auditor to enter into an Escrow Agreement with Dominion Homes, Inc., an Ohio corporation, to facilitate the acquisition of certain sewer easements underneath certain real property owned by Conrail, necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad, to authorize the City Auditor to act as Escrow Agent for this account. and to declare an emergency.
Body
WHEREAS, the Department of Public Utilities, Division of Sewerage and Drainage has determined that it is in the best interest of the City of Columbus to assist a private developer in obtaining certain sewer easements across certain real property, owned by Conrail; and
WHEREAS, the City of Columbus and Dominion Homes, Inc., desires to enter into an Escrow Agreement subsequently authorizing the City Auditor to act as the Escrow Agent to facilitate the acquisition of the aforementioned real property interest(s), and in accordance with the intent of the Escrow Agreement, the City Attorney be authorized to contract for professional services and to acquire real property interests necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of the Railroad; and
WHEREAS, Dominion Homes, the developer, has agreed to pay all costs incurred by the City related to its assistance in this matter; now, therefore and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the execution of an Escrow Agreement between the City of Columbus, and Dominion Homes, Inc., and the subsequent establishment of an Escrow Account to allow the acquisition of the certain sewer easements necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad; to proceed without delay 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 the Columbus City Attorney and the Columbus City Auditor be and hereby are authorized to execute an Escrow Agreement by, between and among the City of Columbus, Ohio and Dominion Homes, Inc., an Ohio corporation, to facilitate the acquisition of the certain sewer easements necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad.
Section 2. That the Columbus City Auditor be and hereby is authorized to establish an Escrow Account pursuant to the terms and conditions established by the above referenced Escrow Agreement.
Section 3. That the Columbus City Auditor be and hereby is authorized to act as Escrow Agent, as that term is defined and used in the Escrow Agreement, and to deposit those funds paid to the Escrow Agent per the Agreement, to the appropriate escrow account.
Section 4. That, in accordance with the intent of the Escrow Agreement, the City Attorney be and hereby is authorized to contract for professional services and to acquire real property interests in and to certain parcel(s) of real estate required in connection with the Britton/Cosgray 16" Water Main Project.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.