Explanation
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 and impact 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 utilities lines in the Arena District as a part of various roadway improvement projects completed and/or contemplated within the area. The City is also preparing to make significant investments in the public rights-of-way in the PenWest District. As a result, the Public Service Department is recommending that City Council establish the "PenWest Underground Utility 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:
Bounded on the north by Goodale Boulevard and I-670, bounded on the east by Neil Avenue, bounded on the south by Spring Street and bounded on the west by the Olentangy River.
The creation of this 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.
Those limited number of existing overhead or above ground utilities within this district shall be directed to place their facilities underground or be relocated overhead outside of the designated district at the utility owners expense during construction of various roadway improvement projects.
The City has adopted similar districts such as the Four Corners Underground Utility District (ord. 1823-2002) and the High Street/Lane Avenue Underground Utility District (ord. 0558-2005).
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 Neil and along Nationwide Boulevard. It will also protect future utility relocation planned along various streets west of Neil Avenue.
Title
To establish an underground utilities district to be identified as the "PenWest Underground Utilities District". ($0.00)
Body
WHEREAS, the City of Columbus, Ohio is 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; 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 which use the right-of-way; and
WHEREAS, 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; 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 12/02/2002; High Street/Lane Avenue, Ordinance No. 0558-2005, passed 6/9/2005) and
WHEREAS, the creation of an "Underground Utility District" will allow the City to protect any investments already 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 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 will be allowed to provide emergency service, and
WHEREAS, Those limited number of existing overhead or above ground utilities that remain within this district shall be directed to place their facilities underground or be relocated overhead outside of the designated district at the utility owners expense during construction of various roadway improvement projects. Additionally, any plans for the betterment or replacement of these lines will require that they be installed underground, or relocated overhead, outside of the designated areas 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, the installation of facilities underground shall be performed in accordance with accepted standards of utility practice for underground construction; and
WHEREAS, this legislation creates an "Underground Utilities District" to be known as the PenWest Underground Utilities District"; and
WHEREAS, the PenWest Underground Utilities District encompass the following areas:
Bounded on the north by Goodale Boulevard and I-670, bounded on the east by Neil Avenue, bounded on the south by Spring Street and bounded on the west by the Olentangy River.
WHEREAS, the City has, and is currently continuing its efforts to relocate overhead utilities within this area; 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; 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 "PenWest Underground Utilities District" is hereby established.
Section 2. That this new district shall encompass an area generally described as follows:
Bounded on the north by Goodale Boulevard and I-670, bounded on the east by Neil Avenue, bounded on the south by Spring Street and bounded on the west by the Olentangy River.
Section 3. That the creation of this underground utility district will require that all new utilities desiring to locate within these perimeters be placed underground, with the exception of traffic signals, streetlight poles, and luminaries.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.