EXPLANATION
BACKGROUND:
The City owns real property located at 515 Short Street, Columbus, Ohio 43215 {Franklin County Tax Parcel 010-066817} (“Property”), which is managed by the Finance and Management Department (“Finance”). The Ohio Power Company, an Ohio corporation doing business as American Electric Power (“AEP”), requests a nonexclusive, temporary electric utility easement to burden a portion of the Property in order to temporarily relocate AEP’s electric utilities (“Temporary Easement”). AEP is requesting the Temporary Easement, because AEP is required to temporarily relocate its electric utilities due to the State of Ohio, Department of Transportation’s (ODOT) Interstate 70/71 FRA-70-13.62 Phase-2 Public Improvement Project (“ODOT Project”). Finance reviewed and supports granting AEP the Temporary Easement in consideration that (i) AEP will permit MELP electric utilities to connect to AEP’s facilities in the Temporary Easement, and (ii) in order to foster inter-governmental cooperation with ODOT so as to not delay the ODOT Project.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Not applicable.
EMERGENCY JUSTIFICATION:
Emergency action is requested so to not hinder electrical services in the vicinity of the Property and not delay the ODOT Project, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the Director of the Finance and Management Department to execute and acknowledge all instrument(s), as approved by the City Attorney, necessary to grant to the Ohio Power Company, an Ohio corporation d.b.a. AEP, a temporary electric utility easement burdening a portion of the City’s real property at 515 Short Street, Columbus, Ohio 43215; 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, temporary electric utility easement to burden a portion of the City’s real property located at 515 Short Street, Columbus, Ohio 43215 {Franklin County Tax Parcel 010-066817} (i.e. Property) in order for AEP to temporarily relocate its electric utilities (i.e. Temporary Easement);
WHEREAS, the City intends to quit claim grant AEP the Temporary Easement in consideration that (i) AEP will permit MELP electric utilities to connect to AEP’s facilities in the Temporary Easement, and (ii) in order to foster inter-governmental cooperation with the State of Ohio, Department of Transportation (ODOT) so as to not delay ODOT’s Interstate 70/71 FRA-70-13.62 Phase-2 Public Improvement Project (i.e. ODOT Project);
WHEREAS, the City intends for the Director of the Finance and Management Department (i.e. Finance) to execute and acknowledge any instrument(s) necessary to quit claim grant the Temporary Easement to AEP;
WHEREAS, the City intends for the City Attorney to approve all instrument(s) associated with this ordinance; and
WHEREAS, an emergency exists in the Department of Fiance and Management’s usual daily operations, because it is immediately necessary to quit claim grant the Temporary Easement to AEP in order to prevent delay of electric utility services in the vicinity of the Property and not delay the ODOT Project, 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 Finance and Management Department (i.e. Finance) is authorized to execute and acknowledge all 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, temporary electric utility easement in, on, through, over, under, and burdening the 0.113 acre, more or less, tract of easement area and portion of 515 Short Street, Columbus, Ohio 43215 {Franklin County Tax Parcel 010-066817} (i.e. Property) described and depicted in the four (4) page attachment, Exhibit-A, which is fully incorporated into this ordinance for reference, in order for AEP to temporarily relocate, construct, install, operate, and remove electric line(s), pole(s), and associated appurtenance(s) for the distribution, delivery, and service of electrical energy and impulses (i.e. Temporary Easement).
SECTION 2. The Temporary Easement is required to expire and terminate upon the earlier occurrence of the following: (i) AEP relocating its electric utilities back to the east side of Short Street, as existing prior to the Temporary Easement, pursuant to acceptance by the State of Ohio, Department of Transportation’s (ODOT) for the Interstate 70/71 FRA-70-13.62 Phase-2 Public Improvement Project (i.e. ODOT Project); or (ii) May 31, 2017.
SECTION 3. The City Attorney is required to approve all instrument(s), including but not limited to the Temporary Easement, 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.