Explanation
Background:
The Olen Corporation ("Lessee"), an Ohio corporation, and Tamarack Enterprises I, L.P., a Delaware limited partnership, and PFK Company I, LLC, a Delaware limited liability company (collectively, "Grantors"), are entities holding interests in certain real property located on the South Wellfield Aquifer. The subject property serves as a major source of construction aggregates for the City of Columbus and Central Ohio. The City desires the immediate right to enter upon and have exclusive possession of certain portions of the subject real property for the purpose of constructing eleven (11) water-monitoring wells (the "Wells") at the seven (7) separately numbered locations. The Wells will provide the City with important data to assist in its ongoing evaluation of the property, including the proximity of quarrying to the City's water production wells. Therefore the following legislation authorizes the Director of the Department of Pubic Utilities to execute a Right-Of-Entry agreement, as attached hereto as "Exhibit A".
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the Department of Public Utilities the immediate right to enter upon the subject and the evaluate the subject property for the immediate preservation of the public peace, property, health and safety
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to enter into a Right-of-Entry agreement between the City, and the Olen Corporation, Tamarack Enterprises I, L.P., and PFK Company I, LLC, (collectively, "Grantors") for the immediate right to enter upon that real property commonly known as "Hartman Farm" located on the South Wellfield Aquifer for the purpose of constructing eleven (11) water monitoring wells, and to declare an emergency.
Body
WHEREAS, The Olen Corporation ("Lessee"), an Ohio corporation, and Tamarack Enterprises I, L.P., a Delaware limited partnership, and PFK Company I, LLC, a Delaware limited liability company (collectively, "Grantors"), are entities holding interests in certain real property located on the South Wellfield Aquifer; and
WHEREAS, the subject property serves as a major source of construction aggregates for the City of Columbus and Central Ohio; and
WHEREAS, the City desires the immediate right to enter upon and have exclusive possession of certain portions of the subject real property for the purpose of constructing Eleven (11) water monitoring wells (the "Wells") at the Seven (7) separately numbered locations; and
WHEREAS, the Wells will provide the City with important data to assist in its ongoing evaluation of the property, including the proximity of quarrying to the City's water production wells; 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 a Right-Of-Entry agreement between the City, and the Olen Corporation ("Lessee"), an Ohio corporation, Tamarack Enterprises I, L.P., a Delaware limited partnership, and PFK Company I, LLC, a Delaware limited liability company (collectively, "Grantors") 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 Right-Of-Entry agreement, as attached hereto as Exhibit "A" and made a part hereof, between the City, and the Olen Corporation ("Lessee"), an Ohio corporation, and Tamarack Enterprises I, L.P., a Delaware limited partnership, and PFK Company I, LLC, a Delaware limited liability company (collectively, "Grantors") for the immediate right to enter upon and have exclusive possession of the following described real property for the purpose of constructing eleven (11) water monitoring wells (the "Wells") at the seven (7) separately numbered locations.
Section 2. That for the reasons state 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.