Explanation
BACKGROUND:
The City’s Department of Public Service (DPS) plans to construct the Lazelle Road Ph. B [3023-E] Public Improvement Project (defined as the “Public Project”). The Project requires work in an existing environmentally protected area along the north side of Lazelle Road affecting the Alum Creek watershed. The Ohio Environmental Protection Agency (OEPA) reviewed the Public Project’s impact to the Alum Creek watershed and requires the City to incorporate certain environmental restrictions and covenants, including but not limited to green space, natural habitat preservation, and riparian corridor conservation and protection for the benefit of the Alum Creek watershed (defined as the “Restrictions”), in the public land records of real property owned and managed by the City in the vicinity of Sancus Blvd. and Brockwell Drive, Westerville, Ohio 43081 {Franklin County Tax Parcel(s) 610-230921} (defined, collectively, as the “Property”) in order to mitigate the Public Project’s effects to the Alum Creek watershed. DPS and the City’s Finance and Recreation and Parks Departments reviewed OEPA’s request and support placing the Restrictions on the Property.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Not applicable
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to allow DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the director of the Department of Public Service to execute an environmental covenant to restrict the use of certain real property located in the vicinity of Sancus Blvd. and Brockwell Drive, Westerville, Ohio 43081, in order to remain in compliance with the Ohio Environmental Protection Agency as a result of the City’s Lazelle Road, Ph. B project; and to declare an emergency ($0.00)
BODY
WHEREAS, the City intends for the director of DPS to execute any documents necessary to restrict the use of certain City real property located in the vicinity of Sancus Blvd. and Brockwell Drive, Westerville, Ohio 43081 (Franklin County Tax Parcel(s) 610-230921) (i.e. Property) to green space, natural habitat preservation, and riparian corridor conservation and protection for the benefit of the Alum Creek watershed (i.e. Restrictions);
WHEREAS, the City intends to place the Restrictions on the Property in order to maintain compliance with the OEPA regarding the DPS’s completion of the Lazelle Road Ph. B (3023-E) Public Improvement Project (i.e. Public Project);
WHEREAS, the City intends for the City Attorney to preapprove of all documents executed by City pursuant to authority granted by this ordinance; and
WHEREAS, an emergency exists in the usual daily operations of the City in that it is immediately necessary to authorize DPS to place the restrictions in the public records in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the director of the Department of Public Service (DPS) is authorized to execute an environmental covenant or other documents necessary to restrict the use of the City’s real property located in the vicinity of Sancus Blvd. and Brockwell Drive {Franklin County Tax Parcel(s) 610-230921} described and depicted in the attachment, Exhibit-A, which is made a part of this ordinance and fully incorporated for reference as if rewritten (i.e. Property), to green space, natural habitat preservation, and riparian corridor conservation and protection for the benefit of the Alum Creek watershed (i.e. Restrictions) allowing for the Property to remain in its natural state pursuant to compliance with the Ohio Environmental Protection Agency (OEPA).
SECTION 2. That the City Attorney is required to preapprove all documents executed by the City pursuant to this ordinance.
SECTION 3. This ordinance, for the reasons stated in the preamble, which are made of part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s passage and approval by the Mayor