Explanation
Background: The City of Columbus acquired the real property commonly known as 2425 Briggs Road, Franklin County Parcel Number 570-269895, in January 2004 for a Storm Sewer Project. At the time of acquisition the property was encumbered by a ten (10) year lease agreement with Clear Channel Outdoors, Inc. (Clear Channel) for a portion of the property for location of an outdoor advertising billboard. The current agreement expired and does not contain a renewal option. Clear Channel Outdoors, Inc. desires to continue operating the outdoor advertising billboard on the property thus necessitating a new agreement. Through discussions with the Department of Public Utilities, it was determined that the advertising billboard does not interfere with their intended use of the property and that entering into a new license agreement would be in the best interest of the City. The City and Clear Channel have agreed to certain limitations on the advertising content that may be displayed. This ordinance authorizes the Director of Finance and Management to execute a new license agreement with Clear Channel Outdoor, Inc. for that portion of the property located at 2425 Briggs Road for the location and operation of an outdoor advertising billboard subject to Chapter 3378 of Columbus City Codes, 1959.
Fiscal Impact: The license agreement will generate an annual income of $1,200.00 which will be deposited in the Storm Sewer Operating Fund.
Emergency Justification: Emergency action is requested to enable the agreement with Clear Channel to continue uninterrupted and to allow the City to receive uninterrupted income.
Title
To authorize the Director of the Department of Finance and Management to enter into a license agreement with Clear Channel Outdoors, Inc. for a portion of the property located at 2425 Briggs Road.; and to declare an emergency.
Body
WHEREAS, the City of Columbus acquired the property located at 2425 Briggs Road for a Storm Sewer Project in January, 2004. At the time of acquisition, the property was encumbered by a ten (10) year lease agreement with Clear Channel for the use of a portion of the property for placement of an outdoor advertising billboard; and
WHEREAS, the Departments of Public Service and Finance and Management have determined that an outdoor advertising billboard does not interfere with the intended City use of the property and it is in the City's best interest to continue to allow this use; and
WHEREAS, the current agreement is at its end and does not contain a renewal provision thus making it necessary to enter into a new license agreement with Clear Channel for a portion of the property located at 2425 Briggs for the operation of an outdoor advertising billboard; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorize the Director of the Department of Finance and Management to enter into a license agreement with Clear Channel Outdoors, Inc. thereby preserving the public health, property, safety, and welfare; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Finance and Management, be and hereby is authorized to enter into a license agreement, as approved by the Real Estate Division, Department of Law, with Clear Channel Outdoors, Inc. for operation and maintenance of an outdoor advertising billboard located on City owned property at 2425 Briggs Road, Columbus, Ohio.
Section 2. That the terms and conditions of this license shall be in a form approved by the City Attorney's Office and shall include the following:
a) The license shall have an initial term of five (5) years commencing August 1, 2010 and terminating July 31, 2015.
b) The license will contain one (1) five (5) year renewal option and a termination provision.
c) Such other terms and conditions as are required and/or approved by the City Attorney's Office.
Section 3. That the $1,200.00 annual income from the license agreement will be deposited into the 60-15 Storm Sewer Operating Fund, Fund #675, OCA #675001, Object Level #0047.
Section 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to 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.