Explanation
Background: The City of Columbus is the fee simple owner of certain real property commonly known as unimproved Zollinger Road located adjacent to Shady Hill Estates No. 2 subdivision. Pursuant to Ordinances 1142-92 and 2494-94, the City of Columbus, for valuable consideration and as an accommodation, entered into license agreements with several property owners abutting said unimproved Zollinger Road to allow such property owners to utilize portions of unimproved Zollinger Road for incidental residential purposes. The above-mentioned license agreements specifically reserve to the City of Columbus the "paramount right to utilize the subject real property for any and all utility purposes". In addition, said license agreements state that "should the Columbus City Council determine that the herein-described real property is necessary for any public purpose inconsistent with or antagonistic to the purpose for which this license agreement is made, then the City of Columbus shall have the right and hereby retains the right to terminate this license agreement upon ninety (90) written notice to the Grantee(s)"…. The Division of Sewerage & Drainage, Storm water Section, now needs to utilize said unimproved Zollinger Road to install storm sewers for the benefit of the surrounding community, and such use is inconsistent with and antagonistic to the uses for which the license agreements were executed. Therefore, the Division of Sewerage & Drainage respectfully requests that this City Council make such determination official so that the Division of Sewerage & Drainage may proceed with a much needed storm sewer improvement project.
Fiscal Impact: None.
Emergency Justification: An emergency is justified in order to allow the Division of Sewerage & Drainage to proceed with construction of this much-needed project at the earliest possible time.
Title
To determine that certain license agreements are inconsistent with an intended public use of City owned real property and to authorize the Real Estate Division, Department of Law, on behalf of the City of Columbus, Ohio, to take such action as is necessary to terminate all such license agreements pertaining to an unimproved portion of Zollinger Road to allow construction therein of the Trentwood/Shady Hill storm sewer project for the benefit of the surrounding community; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio ("City") owns certain real property commonly known as an unimproved portion of Zollinger Road shown as part of Shady Hill Estates No. 2 of record in Plat Book 31, Page 36, Recorder's Office, Franklin County, Ohio; and
WHEREAS, pursuant to Ordinances 1142-92 and 2494-94 the City of Columbus entered into license agreements with certain property owners abutting said Zollinger Road to allow such owners to use the roadway for incidental residential purposes; and,
WHEREAS, said license agreement provide that upon Columbus City Council determination that the City requires the subject real property for purposes inconsistent with or antagonistic to the license agreement uses, then the City may terminate said license agreements upon ninety (90) days written notice; and
WHEREAS, the Division of Sewerage & Drainage, Storm water Section, states that the Trentwood/Shady Hill storm sewer project provides for construction of a storm sewer line within said unimproved Zollinger Road and that such construction will be inconsistent with and antagonistic to the purposes for which the license agreements were granted; and,
WHEREAS, an emergency exists in the usual daily operation of the Division of Transportation, Department of Public Service and the Division of Sewerage & Drainage, Department of Public Utilities, City of Columbus, Ohio, in that it is immediately necessary to authorized the City Attorney, on behalf of the City of Columbus, Ohio, to take such action as is necessary to terminate said license agreements in accordance with the terms thereof at the earliest possible time, for the immediate preservation of the public health, peace, property, safety and welfare; NOW THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Columbus City Council hereby determines that the construction of the Trentwood/Shady Hill storm sewer project in an unimproved portion of Zollinger Road is a public purpose inconsistent with and antagonistic to the license agreements (authorized by Ordinances 1142-92 and 2494-94) with adjacent Shady Hill Estates subdivision property owners, and that the City Attorney, or the City Attorney's designee, is hereby authorize to take such action as is necessary to terminate all said license agreements to allow the Division of Sewerage & Drainage to proceed with construction of said storm sewer project for the benefit of the surrounding community.
Section 2. That for the 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 passage if the Mayor neither approves nor vetoes the same.