Explanation
BACKGROUND:
The City of Columbus Department of Public Service (DPS) regularly acquires property interest involving real property owned by the State of Ohio and/or The Ohio State University for various uses including, but not limited to, sidewalks, ADA ramps, roadways, shared use paths, traffic signals, utilities and appurtenances thereto. It is the policy and practice of the State of Ohio, acting through the Department of Administrative Services, that such agreements/easements be signed by the Grantee for purposes of accepting the terms therein. Additionally, by State statute, the interests are limited to 15-year or 25-year terms. Because the agreements expire, it becomes necessary to renew them or obtain new agreements/easements. Council previously passed Ordinance 1554-2010, wherein the Director of the Department of Public Service (DPS) was granted authority to execute, on behalf of the City, all renewal easements between the City and the State of Ohio and/or The Ohio State University, provided they were approved as to form or prepared by the City Attorney’s Office, Real Estate Division. The purpose of this Ordinance is to expand that authority to further allow for the Director of DPS to execute, on behalf of the City of Columbus, new agreements/easements between the City and the State of Ohio and/or The Ohio State University, provided they are approved by the City Attorney’s Office, Real Estate Division.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Not applicable
EMERGENCY JUSTIFICATION:
Not applicable
Title
To grant the Director of the Department of Public Service the authority to execute, on behalf of the City, as the Grantee, new agreements/easements obtained from the State of Ohio and/or The Ohio State University.
Body
WHEREAS, the City of Columbus Department of Public Service (DPS) regularly acquires property interests involving real property owned by the State of Ohio and/or The Ohio State University for various uses including, but not limited to, sidewalks, ADA ramps, roadways, shared use paths, traffic signals, utilities and appurtenances thereto; and
WHEREAS, it is the policy and practice of the State of Ohio, acting through the Department of Administrative Services, that such agreements/easements be signed by the Grantee for purposes of accepting the terms therein; and
WHEREAS, it is in the best interest of the City for the Director of DPS, as the City official with specific knowledge of agreements/easements that need to be obtained for completion of DPS projects, be authorized on behalf of the City, to accept and sign, as Grantee, all new agreements/easements granted by the State of Ohio and/or The Ohio State University, without the necessity of future ordinances granting such authority; and
WHEREAS, all agreements/easements to be accepted and signed by the Director of DPS shall be approved by the City Attorney’s Office, Real Estate Division; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Service is hereby granted authority to execute, on behalf of the City, as Grantee, new agreements and easements that the Director determines must be obtained from the State of Ohio and/or The Ohio State University, for purposes including, but not limited to, the installation, construction, repair, reconstruction, replacing, maintaining, controlling, and operating: sidewalks; ADA ramps; roadways; shared use paths; traffic signals; utilities; and, appurtenances thereto, on real property owned by the State of Ohio and/or The Ohio State University, provided such agreements and easements are approved by the City Attorney’s Office, Real Estate Division.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.