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File #: 3119-2016    Version: 1
Type: Ordinance Status: Passed
File created: 11/22/2016 In control: Finance Committee
On agenda: 12/5/2016 Final action: 12/7/2016
Title: To authorize the Director of the Department of Finance and Management, on behalf of the Department of Public Utilities, to execute a Release and Satisfaction Agreement with Thomas Kessler and Danita Kessler and any abutting property owners in order to limit erosion and flooding in the vicinity of 5030 Woodhaven Drive, Galena, Ohio; and to declare an emergency.
Explanation

Background: It has been presented to the City, by Thomas Kessler and Danita Kessler, the owners of 5030 Woodhaven Drive, Galena, Ohio, being real property located adjacent to Hoover Reservoir, that a need exists to protect their property due to the presence of a vertical surface of highly erodible soil. Proposed erosion control measures have been presented by the Kesslers to the City and authorized by the U.S. Army Corps of Engineers, which would permit the removal of soils from the Kessler’s property and provide for installation of erosion control measures adjacent to the City's real property. As a result of the proposed excavation on the Kessler’s property, certain soil will need to be removed from the City’s property to prevent the remaining vertical soils from eroding and entering Hoover Reservoir. The Department of Finance and Management, Recreation and Parks Department, and the Department of Public Utilities, have determined that the granting of certain temporary construction rights to allow the removal of certain remaining soils on City owned property will not adversely affect the City and should be allowed in exchange for the Kesslers and any abutting property owners executing Release and Satisfaction Agreements, therein releasing the City from any past or future liability associated with the operation of Hoover Reservoir, including but not limited to erosion and flooding.

Fiscal Impact: Not applicable.

Emergency Justification: Emergency action is requested to expedite the installation of prevention of erosion control measures to prevent the highly erodible soils in existence on property adjacent to Hoover Reservoir, from runoff into Hoover Reservoir. Such runoff results in the addition of sediments to the drinking water reservoir and will increase the turbidity of the water which has been shown to be potentially detrimental to wildlife, a cause for potential loss of water volume that may negatively impact the storage capacity of t...

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