Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service and the Director of Public Utilities to enter into agreements that set forth maintenance responsibilities of the City and NM Developer LLC (the “Developer”) concerning nonstandard improvements within public right-of-way relative to the Downtown Streetscape - North Market project.
The project encompasses reconstruction of Spruce Street and Wall Street and resurfacing of Vine Street to support the development of the North Market Tower. The City has agreed, at the request of the Developer, to make certain other improvements to the adjacent public rights-of-way as part of that project on the condition the Developer maintain those improvements. This legislation seeks to authorize the directors of the Department of Public Service and the Department of Public Utilities to execute the necessary maintenance agreements with NM Developer LLC.
2. FISCAL IMPACT
There is no anticipated cost to the City for this maintenance agreement.
3. EMERGENCY DESIGNATION
This legislation is being put forth as an emergency measure in order to maintain the current project completion schedule.
Title
To authorize the directors of the Department of Public Service and the Department of Public Utilities to enter into maintenance agreements with NM Developer LLC for nonstandard improvements within public right-of-way; and to declare an emergency. ($0.00)
Body
WHEREAS, NM Developer LLC requests that the City install improvements not customarily included as a City street improvement as part of the Downtown Streetscape - North Market project, such as trees, plants, pavers, curbs, etc. within the public right-of-way; and
WHEREAS, the City is willing to permit the improvements to the public right-of-way, but is unable maintain them in a manner compatible with the expectations of NM Developer LLC; and
WHEREAS, the installation of the improvements by the City is conditioned upon the promise and obligation of the NM Developer LLC to undertake the maintenance responsibilities of the improvements; and
WHEREAS, prior to installing the improvements in to public right of way, agreements with NM Developer LLC regarding the maintenance responsibilities are needed; and
WHEREAS, it is necessary to authorize the directors of the Department of Public Service and the Department of Public Utilities to execute agreements that define and detail the maintenance responsibilities of the City and the Developer as a part of a roadway and/or neighborhood revitalization project; and
WHEREAS, it also is immediately necessary to authorize the passage of this legislation to enable the City to execute the necessary agreements as soon as possible so as to maintain the current project completion schedule;
WHEREAS, an emergency action is requested in order to maintain the current project completion schedule. NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Directors of the Department of Public Service and the Department of Public Utilities hereby are authorized to enter into maintenance agreements with NM Developer LLC related to the Downtown Streetscape - North Market project.
SECTION 2. 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.