Explanation
1. BACKGROUND
The City has determined that the design and implementation of public improvements directly affect the public health, safety and welfare of citizens who are utilizing the streets, roadways and other public properties as well as the aesthetic character of the City. The City of Columbus has also made a significant investment for the relocation and burial of previously existing overhead utility lines within the West Third Avenue - Grandview Yard Underground District. As a result, the Public Service Department is recommending that City Council establish the "West Third Avenue - Grandview Yard Underground Utilities District" in order to protect the City's investment and perpetually maintain the resulting aesthetic improvement of these roadways. The District is bounded and described as follows:
Beginning at the southwest corner of West Third Avenue and Edgehill Road;
Thence northerly 320 feet along the west Right-Of-Way line of Edgehill Road;
Thence easterly to the east Right-of-Way line of Edgehill Road;
Thence southerly to the north Right-of-Way line of West Third Avenue;
Thence easterly 933 feet to the CSX railroad Right-of-Way;
Thence southerly to the City of Columbus corporation line;
Thence westerly to the east Right-of-Way line of Street A;
Thence southerly 531 feet to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way of Street A;
Thence northerly 531 feet along the west Right-of-Way line of Street A to the southerly Right-of-Way of West Third and Street A;
Thence westerly to the east Right-of-Way of Yard Street;
Thence southerly 135 feet to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way of Yard Street;
Thence northerly 135 feet to the southwest corner Right-of-Way of West Third Street,
Thence westerly to the east Right-of-Way of Edgehill Road;
Thence southerly to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way line of Edgehill;
Thence northerly to the point of beginning.
The creation of this underground utility district will prohibit the future installation of overhead utility lines, wires, cables, transformers, or other appurtenances, including transverse crossings of the right-of-way, and other above ground utility features. This prohibition shall be extended to all parties intending to install utilities within this district, including those owned and operated by the City of Columbus, with the exception of traffic signals, streetlight poles, and luminaries. However, the short-term, temporary installation of overhead and/or above ground utility features will be allowed to provide emergency service, but shall be removed at the earliest moment possible.
The City has adopted similar districts such as the Four Corners Underground Utility District (Ordinance No. 1823-2002), the High/Street Lane Avenue Underground Utility District (Ordinance No. 0558-2005), the Pen West Underground Utility District (Ordinance No. 0076-2007) and the Arena Underground Utility District (Ordinance No. 0078-2007).
2. FISCAL IMPACT
There is no direct fiscal impact associated with the passage of this ordinance; however, the creation of this district will protect the City's previous investment to place utilities underground along West Third Avenue, Edgehill Road, and Street A.
3. EMERGENCY DESIGNATION
Emergency action is requested to prevent unnecessary delays and to provide for the timely creation of the "West Third Avenue - Grandview Yard Underground Utilities District".
Title
To establish an underground utilities district to be identified as the "West Third Avenue - Grandview Yard Underground Utilities District"; and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus, Ohio is vitally concerned with the use of the various right-of-way areas in the City as such right-of-way areas are a valuable and limited resource, which must be utilized to promote the public health, safety and welfare including the economic development of the City; and
WHEREAS, changes in the public utilities and communication industries have increased the demand and need for access to right-of-way and placement of facilities and structures therein; and
WHEREAS, it is necessary to comprehensively regulate access to, and structures and facilities in, the right-of-way to promote efficiency, discourage uneconomic duplication of facilities, minimize the public inconvenience of uncoordinated work in the right-of-way, protect the City's investment in relocation of the existing overhead utilities, and promote public safety; and
WHEREAS, the City has the right under the laws and Constitution of the State of Ohio, including Article 18, Sections 3 and 4, to regulate public and private entities that use the right-of-way; and
WHEREAS, Columbus City Council has determined that the design and implementation of public improvements directly affect the public health, safety and welfare of citizens who are utilizing the streets, roadways and other public properties as well as the aesthetic character of the City; and
WHEREAS, the Public Service Department has recommended that the City consider the creation of specific "Underground Utility Districts" (i.e., Four Corners, Ordinance No. 1823-2002, passed 12/2/2002; High/Street Lane Avenue, Ordinance No. 0558-2005, passed 6/9/2005; Pen West, Ordinance No. 0076-2007, passed 4/25/2007; Arena, Ordinance No. 0078-2007, passed 4/25/2007); and
WHEREAS, the creation of an "Underground Utility District" will allow the City to protect any investment incurred to move utilities underground as a part of a roadway or other construction project; and
WHEREAS, the creation of an "Underground Utility District" will prevent future permanent installations of overhead utility lines, wires, cables, transformers, or other appurtenances, including transverse crossings, and other above ground utility features, within the area so designated, although the short-term, temporary placement of overhead or above ground utilities would be allowed to provide emergency service; and
WHEREAS, this prohibition shall be extended to all parties intending to install utilities within this district, including those owned and operated by the City of Columbus, with the exception of traffic signals, streetlight poles, and luminaries; and
WHEREAS, installation of facilities underground shall be performed in accordance with accepted standards of utility practice for underground construction; and
WHEREAS, the following legislation creates an "Underground Utilities District" to be known as the "West Third Avenue - Grandview Yard Underground Utilities District" for the purpose of converting all above ground utilities located within this area to underground utilities; and
WHEREAS, the perimeters of the "West Third Avenue - Grandview Yard Underground Utilities District" are described generally as follows:
Beginning at the southwest corner of West Third Avenue and Edgehill Road;
Thence northerly 320 feet along the west Right-Of-Way line of Edgehill Road;
Thence easterly to the east Right-of-Way line of Edgehill Road;
Thence southerly to the north Right-of-Way line of West Third Avenue;
Thence easterly 933 feet to the CSX railroad Right-of-Way;
Thence southerly to the City of Columbus corporation line;
Thence westerly to the east Right-of-Way line of Street A;
Thence southerly 531 feet to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way of Street A;
Thence northerly 531 feet along the west Right-of-Way line of Street A to the southerly Right-of-Way of West Third and Street A;
Thence westerly to the east Right-of-Way of Yard Street;
Thence southerly 135 feet to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way of Yard Street;
Thence northerly 135 feet to the southwest corner Right-of-Way of West Third Street,
Thence westerly to the east Right-of-Way of Edgehill Road;
Thence southerly to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way line of Edgehill;
Thence northerly to the point of beginning; and
WHEREAS, with the passage of this ordinance, no new overhead or above ground utilities will be permitted within this area with the exception of traffic signals, streetlight poles, and luminaries; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that the creation of the "West Third Avenue - Grandview Yard Underground Utilities District" should be proceed immediately, thereby preserving the public health, peace, property and welfare; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That an Underground Utility District to be known as the "West Third Avenue - Grandview Yard Underground Utilities District" is hereby established.
SECTION 2. That the perimeters of this new district are described generally as follows:
Beginning at the southwest corner of West Third Avenue and Edgehill Road;
Thence northerly 320 feet along the west Right-Of-Way line of Edgehill Road;
Thence easterly to the east Right-of-Way line of Edgehill Road;
Thence southerly to the north Right-of-Way line of West Third Avenue;
Thence easterly 933 feet to the CSX railroad Right-of-Way;
Thence southerly to the City of Columbus corporation line;
Thence westerly to the east Right-of-Way line of Street A;
Thence southerly 531 feet to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way of Street A;
Thence northerly 531 feet along the west Right-of-Way line of Street A to the southerly Right-of-Way of West Third and Street A;
Thence westerly to the east Right-of-Way of Yard Street;
Thence southerly 135 feet to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way of Yard Street;
Thence northerly 135 feet to the southwest corner Right-of-Way of West Third Street,
Thence westerly to the east Right-of-Way of Edgehill Road;
Thence southerly to the City of Columbus corporation line;
Thence westerly to the west Right-of-Way line of Edgehill;
Thence northerly to the point of beginning.
SECTION 3. That the creation of this district will require relocation of all permanent overhead wires and facilities underground or otherwise outside of the limits of said district.
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 passage if the Mayor neither approves nor vetoes the same.