Explanation
1. BACKGROUND:
The Division of Sewerage and Drainage, Department of Public Utilities is proposing to construct a new effluent conduit structure and outlet channel at the Southerly Wastewater Treatment Plant that will discharge treated water into the Scioto River. This project requires the City to obtain a Clean Water Act Section 404 Permit, and a Section 401 water quality certification from the Ohio Environmental Protection Agency. As a condition of these permits, the City will be implementing a Stream Mitigation Plan that includes the establishment of a conservation easement of approximately 3.052 acres.
An additional provision of the Stream Mitigation Plan, requires the City to authorize the expenditure of $167,200.00 for the cost of labor and material required to replant trees; the monitoring and maintenance of the conservation site for a period of five years.
The Conservation Easement will be upon certain real property located east of State Route 104, northwest of the Division of Sewerage and Drainage's Compost Facility, identified as Franklin County Tax Parcel Numbers 010-242552, 010-242553, 010-242554. Division engineering personnel have determined this easement both necessary and beneficial to the City, and as such this legislation authorizes the execution of the documents necessary for the granting of the aforementioned easement.
2. FISCAL IMPACT:
This legislation includes a transfer of cash between projects within the Voted Sanitary Sewer Bond Fund and an amendment of the 2007 Capital Improvements Budget to establish sufficient funds and budget authority to cover the expenditure of $167,200.00 upon passage of this ordinance.
Title
To authorize the Director of Public Utilities to execute a "Deed of Conservation Easement" and any ancillary documents necessary to grant the Ohio Department of Natural Resources, a perpetual conservation easement across certain City owned property, east of State Route 104, northwest of the Division of Sewerage and Drainage's Compost Facility and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes; to authorize a transfer of $167,200.00 within the Voted Sanitary Sewer Bond Fund; to amend the 2007 Capital Improvements Budget; and to authorize the expenditure of $167,200.00 from the Voted Sanitary Sewer Bond Fund for the cost of riparian corridor improvements, for the Division of Sewerage and Drainage.($167,200.00) (AMENDED BY ORD. 1345-2008 PASSED 09/22/2008)
Body
WHEREAS, the City of Columbus, ("City") is the owner of certain real property east of State Route 104, northwest of the Division of Sewerage and Drainage's Compost Facility; and
WHEREAS, the Division of Sewerage and Drainage of the Department of Public Utilities is preparing to construct the improvements known as the Southerly Wastewater Treatment Plan New Effluent Pump Station and Effluent Conduit Project, and has developed a Stream Mitigation Plan as a condition of its permit applications with the Department Of the Army, US Corps of Engineers, Section 404 Permit, and the Ohio Environmental Protection Agency's Section 401 Water Quality Certification; and
WHEREAS, under the terms of the subject Stream Mitigation Plan, Division of Sewerage and Drainage engineering personnel have determined it necessary for the City to grant the Ohio Department of Natural Resources a conservation easement to the benefit of the citizens of Columbus and the State of Ohio, for the protection of a portion of the natural resources tributary to the Scioto River; and
WHEREAS, it is further required, under the terms and conditions of the subject Stream Mitigation Plan, that the City encumber funds necessary to cover the planting of specific tree species in the mitigation area, and the cost of maintenance and monitoring for a five-year period; and
WHEREAS, it is necessary for this Council to authorize the Director of Public Utilities to execute those documents necessary to grant a Deed of Conservation Easement to the Ohio Department of Natural Resources for protection of the natural resources of a portion of the tributary area of the Scioto River, at the earliest practicable date;
WHEREAS, it is necessary to authorize the transfer of monies within the Voted Sanitary Sewer Bond Fund to provide sufficient funding for the project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2007 Capital Improvements Budget for the purpose of providing sufficient spending authority for the project expenditure;
WHEREAS, the Division of Sewerage and Drainage, Department of Public Utilities, is requesting that this Council authorize the appropriation and expenditure of necessary funds from the Voted Sanitary Sewer Bond Fund; at the earliest practical date; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Public Utilities Department be and hereby is authorized to execute a Deed of Conservation Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the Ohio Department of Natural Resources a perpetual conservation easement across the following described real property under terms and conditions of the City's 3.052 Acre Conservation Easement described within the Stream Mitigation Plan associated with the aforementioned capital improvements project:
Situate in the State of Ohio, County of Franklin, lying in Virginia Military Survey Number 1108, and being an easement on over and across a 150 acre tract (Tract Two), as conveyed to The City of Columbus, Ohio by deed of record in Deed Book 3447, Page 712, all records of the Recorder's Office, Franklin County, Ohio, said easement being more particularly described as follows:
Begin for Reference at a PK Nail found at the intersection of State Route 104 (Jackson Pike) and State Route 665 (London-Groveport Road);
Thence South 00°50'52" East, a distance of 1340.39 feet, along the centerline of said State Route 104 (Jackson Pike), to a point, said point being the northwest corner of said 150 acre tract (Tract Two);
Thence South 02°04'45" East, a distance of 1182.97 feet, continuing along the centerline of said State Route 104 (Jackson Pike), the westerly line of said 150 acre tract (Tract Two), to a point;
Thence North 87°55'15" East, a distance of 191.88 feet, over and across said 150 acre tract (Tract Two), to a point, being the Point of True Beginning for the herein described easement:
Thence the following fourteen (14) courses and distances over and across said 150 acre tract (Tract Two):
1. North 87°45'13" East, a distance of 170.36 feet, to a point;
2. South 59°25'57" East, a distance of 17.95 feet, to a point;
3. North 66°02'55" East, a distance of 121.62 feet, to a point;
4. South 82°56'28" East, a distance of 157.58 feet, to a point;
5. North 45°17'19" East, a distance of 34.69 feet, to a point;
6. South 19°23'42" East, a distance of 128.30 feet, to a point;
7. South 72°14'02" West, a distance of 87.04 feet, to a point;
8. South 21°55"06" West, a distance of 16.68 feet, to a point;
9. South 48°57'39" West, a distance of 146.49 feet, to a point;
10. Along a curve to the right, having a central angle of 43°52'58", a radius of 402.61 feet, an arc length of 308.36 feet, a chord bearing of South 70°54'08" West with a chord distance of 300.88 feet, to a point;
11. Along a curve to the right, having a central angle of 35°45'23", a radius of 155.54 feet, an arc length of 97.07 feet, a chord bearing of North 69°16'41" West with a chord distance of 95.50 feet, to a point;
12. Along a curve to the right, having a central angle of 60°45'45", a radius of 90.33 feet an arc length of 95.80 feet, a chord bearing of North 03°59'45" West with a chord distance of 91.37 feet, to a point;
13. Along a curve to the right, having a central angle of 47°02'58", a radius of 68.13 feet, an arc length of 55.94 feet, a chord bearing of North 55°59'31" East with a chord distance of 54.39 feet, to a point;
14. North 09°50'43" East, a distance of 101.77 feet, to a point;
Thence North 03°48'46" West, a distance of 50.20 feet, over and across said 150.00 acre tract (Tract Two), to the Point True of Beginning, containing 3.052 (132957 Sq. Ft.), more or less, and being subject to all easements, restrictions and rights-of-way of record.
The bearings shown in the above description are based on the bearing of South 02°04'45" East for the centerline of State Route 104 (Jackson Pike), as determined by the control established for the City of Columbus, Ohio, for the Southerly Wastewater Treatment Plant, 6977 South High Street, Lockbourne, Ohio.
Section 2. That the Director of the Public Utilities Department be and hereby is authorized to execute a Deed of Conservation Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the Ohio Department of Natural Resources a perpetual conservation easement across the following described real property under terms and conditions of the City's 3.052 Acre Conservation Easement described within the Stream Mitigation Plan associated with the aforementioned capital improvements project:
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 4. That the City Auditor is hereby authorized to transfer $167,200.00 within the Voted Sanitary Sewer Bond Fund, Fund 664, Division of Sewerage and Drainage, Div. 60-05, Object Level Three 6620;
FROM:
Proj. No. | Proj. Name | OCA | Amount
650577 | Hilock / Lewis Roads Assessments Pt 2 | 664577 | $167,200
TO:
Proj. No. | Proj. Name | OCA | Amount
650350 | WWTP Renovations and Rehabilitation | 664350 | $167,200
Section 5. That the 2007 Capital Improvements Budget Ordinance No. 0733-2007 is herby amended as follows, to provide sufficient budget authority for the execution of the project stated herein:
Proj. No. | Proj. Name | Current | Revised | (Change in Authority)
650577 | Hilock / Lewis Roads Assessments Pt 2 | $643,163 | $475,963 | (-$167,200)
650350 | WWTP Renovations and Rehabilitation | $0.00 | $167,200 | (+$167,200)
Section 6. The the Director of Public Utilities is authorized to procure the labor and material required to replant trees; the monitoring and maintenance of the conservation site, for a period of five years; and is further authorized to expend up to $167,200.00 from within the Voted Sanitary Sewer Bond Fund as follows: Div. 60-05; Fund 664; Proj. No.: 650350 | WWTP Renovations and Rehabilitation | OCA 664350 | OL3: 6620 | Amt: $167,200.00.
Section 7. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
Section 8. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Seciton 9. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this Ordinance.
Section 10. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.