Explanation
PFK Company I, LLC, and PFK Company II, LLC (collectively, "PFK"), and Tamarack Enterprises I, L.P., and Tamarack Enterprises II, L.P. (collectively, "Tamarack"), each own an undivided one half (½) interest in the property located on the South Wellfield Aquifer, commonly known as "Hartman Farm". The subject property serves as a major source of construction aggregates for the City of Columbus and Central Ohio. The purpose of this legislation is to authorize the Director of Public Utilities to enter into an agreement with PFK Companies I & II and Tamarack Enterprises I & II to optimize joint use of the portion of Hartman Farm zoned Excavation and Quarrying District, as a water supply for the City and as a source of mined minerals for the owner and mining operator. The agreement details the long term transition of the respective property from its current state, allowing continuous use as a water supply during mineral extraction, eventually resulting in a large quarry increasing the water resources of the City to provide for future growth.
Emergency Justification: Emergency action is requested to allow the Department of Public Utilities to expedite the full execution of the agreement in a timely manner.
Fiscal Impact: There is no immediate fiscal impact. Funds may be needed within 10-12 years to construct a new water supply intake.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to enter into an agreement between the City of Columbus, PFK Company I, LLC, and PFK Company II, LLC (collectively, "PFK"), and Tamarack Enterprises I, L.P., and Tamarack Enterprises II, L.P. (collectively, "Tamarack"), detailing the long term transition of a portion of the property located on the South Wellfield Aquifer, commonly known as "Hartman Farm", from its current state, and to declare an emergency.
Body
WHEREAS, PFK Company I, LLC, and PFK Company II, LLC (collectively, "PFK"), and Tamarack Enterprises I, L.P., and Tamarack Enterprises II, L.P. (collectively, "Tamarack"), each own an undivided one half (½) interest in the property located on the South Wellfield Aquifer, commonly known as "Hartman Farm"; and
WHEREAS, the subject property serves as a major source of construction aggregates for the City of Columbus and Central Ohio; and
WHEREAS, the Director of Public Utilities needs to enter into an agreement with PFK Companies I & II and Tamarack Enterprises I & II to optimize joint use of the portion of Hartman Farm zoned Excavation and Quarrying District as a water supply for the City, and as a source of mined minerals for the owner and mining operator; and
WHEREAS, the agreement details the long term transition of the respective property from its current state, allowing continuous use as a water supply during mineral extraction, eventually resulting in a large quarry increasing the water resources of the City to provide for future growth; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of the Department of Public Utilities to execute those documents necessary to enter into an agreement between the City of Columbus, PFK Company I, LLC, and PFK Company II, LLC (collectively, "PFK"), and Tamarack Enterprises I, L.P., and Tamarack Enterprises II, L.P. (collectively, "Tamarack"), detailing the long term transition of the property located on the South Wellfield Aquifer; in an emergency manner so that the Department of Public Utilities can expedite the full execution of the agreement in a timely manner; for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Utilities, be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to enter into an agreement, and made a part hereof, with PFK Company I, LLC, and PFK Company II, LLC (collectively, "PFK"), and Tamarack Enterprises I, L.P., and Tamarack Enterprises II, L.P. (collectively, "Tamarack"), detailing the long term transition of a portion of the property located on the South Wellfield Aquifer, commonly known as "Hartman Farm", from its current state, allowing continuous use as a water supply during mineral extraction, eventually resulting in a large quarry increasing the water resources of the City to provide for future growth.
SECTION 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, 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 its passage if the Mayor neither approves nor vetoes the same.