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File #: 0618-2008    Version: 1
Type: Ordinance Status: Passed
File created: 3/31/2008 In control: Public Service & Transportation Committee
On agenda: 4/21/2008 Final action: 4/23/2008
Title: To vacate that portion of Whittier Street from a point approximately 2,468 feet west of the centerline intersection of Whittier Street with Front Street, being more precisely described as being 422.50 feet west of the centerline intersection of Whittier Street with Maier Place, as dedicated by Ordinance Number 0617-2008, to the southern Limited Access right-of-way line of Interstate 70; to the extent they may apply to waive the competitive bidding provisions and the Land Review Commission requirements of Columbus City Codes; and to declare an emergency.
Explanation
 
As a part of the Whittier Peninsula Redevelopment project, the City of Columbus, Public Service Department, desires to vacate that portion of Whittier Street from a point approximately 2,468 feet west of the centerline intersection of Whittier Street with Front Street, being more precisely described as being 422.50 feet west of the centerline intersection of Whittier Street with Maier Place, as dedicated by Ordinance Number 0617-2008, to the southern Limited Access right-of-way line of Interstate 70 to allow for redevelopment of the adjacent Recreation and Parks Department controlled property including the construction of a proposed Audubon Center.
 
After investigation by Transportation Division staff it was determined that the vacation of this portion of Whittier Street will enhance redevelopment potential within the area designated the Whittier Peninsula.  It was also determined that contingent upon the acceptance and dedication of a new road, vacation of this portion of Whittier Street will not adversely affect any privately owned properties.  Companion legislation, being submitted at the same time as this ordinance, will accept and dedicate a 3.791-acre tract as Maier Place.
 
Emergency Justification:  Emergency action is requested to allow construction of the proposed Audubon Center to proceed without delay.
 
Title
 
To vacate that portion of Whittier Street from a point approximately 2,468 feet west of the centerline intersection of Whittier Street with Front Street, being more precisely described as being 422.50 feet west of the centerline intersection of Whittier Street with Maier Place, as dedicated by Ordinance Number 0617-2008, to the southern Limited Access right-of-way line of Interstate 70; to the extent they may apply to waive the competitive bidding provisions and the Land Review Commission requirements of Columbus City Codes; and to declare an emergency.
 
Body
 
WHEREAS, as a part of the Whittier Peninsula Redevelopment project, the City of Columbus desires to vacate that portion of Whittier Street from a point approximately 2,468 feet west of the centerline intersection of Whittier Street with Front Street, being more precisely described as being 422.50 feet west of the centerline intersection of Whittier Street with Maier Place, as dedicated by Ordinance Number 0617-2007, to the southern Limited Access right-of-way line of Interstate 70; and
 
WHEREAS, vacation of this portion of Whittier Street will allow for construction of the proposed Audubon Center; and
 
WHEREAS, after investigation by Transportation Division staff it was determined that the vacation of this portion of Whittier Street will enhance redevelopment potential within the area designated the Whittier Peninsula; and
 
WHEREAS, it was determined that contingent upon the acceptance and dedication of a new road, vacation of this portion of Whittier Street will not adversely affect any privately owned properties; and
 
WHEREAS, companion legislation, being submitted at the same time as this ordinance, will accept and dedicate a 3.791 acre tract as Maier Place; and
 
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to vacate that portion of Whittier Street from a point approximately 2,468 feet west of the centerline intersection of Whittier Street with Front Street, being more precisely described as being 422.50 feet west of the centerline intersection of Whittier Street with Maier Place, as dedicated by Ordinance Number 0617-2008, to the southern Limited Access right-of-way line of Interstate 70 so construction of the proposed Audubon Center can proceed without delay thereby preserving the public health, peace, property, safety and welfare now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.  That the portion of Whittier Street from a point approximately 2,468 feet west of the centerline intersection of Whittier Street with Front Street, being more precisely described as being 422.50 feet west of the centerline intersection of Whittier Street with Maier Place, as dedicated by Ordinance Number 0617-2008, to the southern Limited Access right-of-way line of Interstate 70, be and hereby is vacated.
 
Section 2.  That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be vacated without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the vacation of this right-of-way.
 
Section 3.  That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be vacated without requiring a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the vacation of this right-of-way.
 
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.