Explanation
Background: Dominion Homes, Inc. has requested the City to accelerate its plans for the construction of public sewers in the Hayden Run area. As part of the construction it is necessary to obtain an easement from CSX to cross one of its operating lines. Dominion has agreed to construct the sewers on either side of the tracks under a reimbursement agreement with the City. Dominion has also agreed at its cost to construct the sewer section through the CSX tracks and to pay for any costs to obtain an easement from CSX. The Department of Public Utilities recommends entering into an "Escrow Agreement" wherein Dominion Homes, Inc. pays all costs of the City of Columbus to acquire, by negotiation or if necessary by eminent domain, a perpetual sewer easement under certain real property owned by New York Central Lines, LLC (CSX Transportation, Inc.) in the vicinity of Hayden Run Road and the railroad. The "Escrow Agreement" would be between the City of Columbus and Dominion Homes, Inc., with the City Auditor acting as escrow agent.
Fiscal Impact: N/A. (Escrow Fund No. 324-029, CC13376)
Emergency Justification: Emergency action is requested to allow the establishment of the Escrow Account to proceed without delay thereby allowing this project to remain within the established time frame thus avoiding a more costly future alternative.
Title
To authorize the City Attorney and the City Auditor to enter into an Escrow Agreement with Dominion Homes, Inc., an Ohio corporation, to facilitate the acquisition of certain sewer easements underneath certain real property owned by New York Central Lines, LLC (i.e. CSX Transportation, Inc.), necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad, to authorize the City Auditor to act as Escrow Agent for this account and to declare an emergency.
Body
WHEREAS, the Department of Public Utilities, Division of Sewerage and Drainage has determined that it is in the best interest of the City of Columbus to obtain certain sewer easements across real property owned by New York Central Lines, LLC (i.e. CSX Transportation, Inc.); and,
WHEREAS, the City of Columbus and Dominion Homes, Inc., desires to enter into an Escrow Agreement wherein Dominion Homes, Inc. shall pay all costs to the City of Columbus for the acquisition of certain easements necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad; and,
WHEREAS, Dominion Homes, Inc., has agreed to execute the Escrow Agreement to pay all costs incurred by the City in acquiring such necessary sewer easements; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, Department of Public Utilities, Division of Sewerage & Drainage, in that it is immediately necessary to authorize the execution of an Escrow Agreement between the City of Columbus, and Dominion Homes, Inc., to facilitate the acquisition of the certain sewer easements necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad; to proceed without delay thus avoiding a more costly future alternative and 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 Columbus City Attorney and the Columbus City Auditor be and hereby are authorized to execute an Escrow Agreement by, between and among the City of Columbus, Ohio and Dominion Homes, Inc., an Ohio corporation, to facilitate the acquisition of certain sewer easements necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad.
Section 2. That the Columbus City Auditor be and hereby is authorized to establish an Escrow Account pursuant to the terms and conditions established by the above referenced Escrow Agreement.
Section 3. That the Columbus City Auditor be and hereby is authorized to act as Escrow Agent, as that term is defined and used in the Escrow Agreement, and to deposit those funds paid to the Escrow Agent per the Agreement, to the appropriate escrow account.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor, or ten days after adoption if the Mayor neither approves nor vetoes the same.