EXPLANATION
BACKGROUND:
The City owns real property located at 5147 Karl Road, Columbus, Ohio 43229 {Franklin County Tax Parcel 010-104774}, which is commonly known as Woodward Park (“Park”) and managed by the Recreation and Parks Department (CRPD). The Ohio Power Company, an Ohio corporation doing business as American Electric Power (“AEP”), requests a nonexclusive electric utility easement in, on, through, over, under, and burdening a portion of the Park in order to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground and aboveground electric lines, poles, and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses (“Easement”). CRPD reviewed and supports granting AEP the Easement in consideration that (i) the Easement supports electricity service in the Park’s vicinity, and (ii) AEP is compensating the City One Thousand and 00/100 U.S. Dollars ($1,000.00) for granting the Easement.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
The City’s receipt of monetary compensation from AEP will be deposited with CRPD’s Special Purpose Fund.
EMERGENCY JUSTIFICATION:
Emergency action is requested so to not hinder electrical service in the Park’s vicinity, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the director of the Columbus Recreation and Parks Department to execute and acknowledge any instrument(s), as approved by the City Attorney and in consideration of One Thousand and 00/100 U.S. Dollars ($1,000.00), necessary to grant to the Ohio Power Company, an Ohio corporation d.b.a. AEP, an electric utility easement burdening a portion of Woodward Park; and to declare an emergency. ($0.00)
BODY
WHEREAS, the City supports granting the Ohio Power Company, an Ohio corporation doing business as American Electric Power (i.e. AEP), a nonexclusive electric utility easement in, on, through, over, under, and burdening a portion of Woodward Park (i.e. Park) in order for AEP to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground and aboveground electric lines, poles, and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses (i.e. Easement); and
WHEREAS, the City intends to grant AEP the Easement in consideration that (i) the Easement supports electricity service in the Park’s vicinity, and (ii) AEP is compensating the City One Thousand and 00/100 U.S. Dollars ($1,000.00) for granting the Easement; and
WHEREAS, the City intends for the director of the Recreation and Parks Department to execute and acknowledge any instrument(s) necessary to grant the Easement to AEP; and
WHEREAS, the City intends for the City Attorney to approve all instrument(s) associated with this ordinance; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to grant the Easement in order to prevent delay of electric service in the Park’s vicinity, which will preserve the public peace, property, health, welfare, and safety; and now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The director of the Recreation and Parks Department (CRPD) is authorized to execute and acknowledge any instrument(s) necessary to quit claim grant to the Ohio Power Company, an Ohio corporation doing business as AEP (i.e. AEP), and AEP’s successors and assigns a nonexclusive electric utility easement in, on, through, over, under, and burdening the 0.003 acre, more or less, tract of easement area and portion of 5147 Karl Road, Columbus, Ohio 43229 {Franklin County Tax Parcel 010-104774} commonly known as Woodward Park (i.e. Park) described and depicted in the attachment, Exhibit-A, which is fully incorporated into this ordinance for reference, in order for AEP to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground and aboveground electric lines, poles, and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses (i.e. Easement).
SECTION 2. The granting of the Easement to AEP is contingent upon the City’s receipt of consideration in the form of monetary compensation of One Thousand and 00/100 U.S. Dollars ($1,000.00) from AEP, which will be deposited with CRPD’s Special Purpose Fund, Fund 223, Sub-fund Number 025, OCA Number 055954.
SECTION 3. The City Attorney is required to approve any instrument(s) associated with this ordinance.
SECTION 4. For the reasons stated in the preamble of this ordinance, which are made a part of this ordinance, this ordinance is declared an emergency measure and shall take effect and be in force from and after this ordinance’s passage and approval by the Mayor, or ten (10) days after this ordinance’s passage if the Mayor neither approves nor vetoes this ordinance.