Explanation
1. NEED: On July 28, 2011, with authorization of Council by Ordinance 0575-2011, the Department of Public Utilities (DPU) entered into a Water Resource Restoration Sponsor Program (WRRSP) Agreement with the Ohio Environmental Protection Agency (OEPA). The WRRSP project to be completed through this WRRSP funding agreement is identified as The Lower Olentangy River Ecosystem Restoration (5th Avenue Dam) Project, CIP No. 650706. As both an owner of real property and as a holder in connection with the aforementioned project, it may be necessary to enter into Environmental Covenants for the purpose of restoring, maintaining and protecting, in perpetuity, the Conservation Values identified in the WRRSP Agreement. This legislation is necessary to authorize the Director of the Department of Public Utilities execute the Environmental Covenants required to fulfill the obligations of the Water Resource Restoration Sponsor Program (WRRSP).
2. EMERGENCY DESIGNATION: In order for the Director to enter into the Environmental Covenants necessary to meet the requirements of the WRRSP Agreement for the The Lower Olentangy River Ecosystem Restoration (5th Avenue Dam) Project without delay, the earliest possible effective date of this ordinance is necessary. This will ensure the execution of the covenant agreements be expedited and meet the Ohio EPA WRRSP requirements without delay to the project.
Title
To authorize the Director of Public Utilities on behalf of the City of Columbus to execute Environmental Covenants, as both an owner of real property and as a holder, in connection to the Lower Olentangy River Ecosystem Restoration Project (5th Avenue Dam) CIP 650706, to the extent necessary under the Water Resource Restoration Program Agreement between the City of Columbus and the Ohio Environmental Agency and the Ohio Water Development Authority; and to declare an emergency.
Body
WHEREAS, the Director of Public Utilities, per Ordinance 0575-2011, entered in the Water Resource Restoration Program (WRRSP) Agreement with the Ohio Environmental Agency and the Ohio Water Development Authority, therein identifying the Lower Olentangy River Ecosystem Restoration Project (5th Avenue Dam) CIP 650706 ("Project") as a eligible restoration project for purposes of receiving an interest rate discount on Water Pollution Control Loan Fund (WPCLF) loans associated with the City's OSIS Augmentation and Relief Sewer (OARS) Phase 2 project (CIP 6507004-100002); and
WHEREAS, placing Environmental Covenants on City owned property within the "Project" limits may be required as part of the "Agreement"; and
WHEREAS, the City may also be required to be a Holder in other Environmental Covenants to be placed on real property owned by others parties within the "Project" limits; and
WHEREAS, this legislation must be approved by City Council, so as to expedite the construction initiation of the WRRSP project, therefore an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to enter into Environmental Covenants to meet the requirements of the Water Resource Restoration Program for the immediate preservation of the public peace, health, property, and safety; Now Therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Utilities be, and hereby is, authorized to execute Environmental Covenants on City owned property necessary to fulfill the obligations of the Water Resource Restoration Sponsor Program Agreement between the City of Columbus, the Ohio Environmental Protection Agency and the Ohio Water Development Authority, for the following project:
The Lower Olentangy River Ecosystem Restoration (5th Avenue Dam) Project, CIP No. 650706; WRRSP No. WR390274-150
SECTION 2. That the Director of Public Utilities be, and hereby is, authorized to be a Holder in other Environmental Covenants owned by other parties within the "Project" limits necessary to fulfill the obligations of the Water Resource Restoration Sponsor Program Agreement between the City of Columbus, the Ohio Environmental Protection Agency and the Ohio Water Development Authority, for the following project:
The Lower Olentangy River Ecosystem Restoration (5th Avenue Dam) Project, CIP No. 650706; WRRSP No. WR390274-150
SECTION 3. That for the reasons stated in the preamble hereto, which is 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.