Explanation
Background: Ohio Bell Telephone Company (d.b.a. AT & T Ohio) desires to install, operate and maintain underground telephone equipment on certain City owned real property located in the vicinity of East Livingston Avenue and South Hamilton Road. Ohio Bell has requested that the City grant them a quitclaim deed of easement in and to the east side real property. After investigation, it has been determined by the Department of Public Safety the granting of the easement will not adversely affect the City. The Real Estate Division, Department of Law has established $4,500.00 as the value of the easement. The following ordinance authorizes the Director of the Department of Public Safety to execute those documents necessary to grant the aforementioned quitclaim deed of easement.
Fiscal Impact: The $4,500.00 to be received by the City of Columbus, Department of Public Utilities as consideration for the granting of the easement will be deposited into the appropriate fund, to be identified by the City Auditor.
Emergency Justification: Emergency action is requested as not to delay the installation of the phone equipment that will improve service to the Fire Station and benefit the City.
Title
To authorize the Director of the Department of Public Safety to execute those documents necessary to grant a quitclaim deed of easement to Ohio Bell Telephone Company (d.b.a. AT & T Ohio) for certan City owned real property located in the vicinity of East Livingston Avenue and South Hamilton Road, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency.
Body
WHEREAS, the City of Columbus is owner of certain real property located in the vicinity of East Livingston Avenue and South Hamilton Road; and
WHEREAS, Ohio Bell Telephone Company (d.b.a. AT & T Ohio), has requested an easement in and to a portion of the East Livingston real property in order to install, operate and maintain concrete pads, equipment, subsurface cable, and wires; and
WHEREAS, the Department of Public Safety has no objection to the granting of said quitclaim deed of easement, as it has been determined that its granting will not adversely affect the City; and
WHEREAS, the Real Estate Division, Department of Law has established $4,500.00 as the value of such easement right; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Public Safety to execute those documents necessary to grant an easement to Ohio Bell Telephone Company (d.b.a. AT & T Ohio) for the immediate 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 Department of Public Safety be and hereby is authorized to execute those documents, as prepared by the Real Estate Division, Department of Law, necessary to grant an easement to Ohio Bell Telephone Company (d.b.a. AT & T Ohio) for the following described real property, to-wit:
Section 2. That the City Auditor be and hereby is authorized and directed to deposit the Four Thousand Five Hundred Dollars ($4,500.00), to be received by the City as consideration for the granted easement, into the appropriate fund.
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, 328.01 (Land Review Commission) and 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby 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 days after its passage if the Mayor neither approves nor vetoes the same.