Explanation
BACKGROUND
This ordinance authorizes the Department of Public Utilities (DPU) to pay D & D Farm Properties, LLC (the “Owner”) for costs related to damages to the subsurface water flows located at the Owner’s property, 0 Ashville Pike T-28, Lockbourne, Ohio 43137 on parcels D12-0-003-00-278-00 and D12-0-003-00-279-00. The Owner has asserted that a March 2017 DPU sanitary sewer installation project within the vicinity of 0 Ashville Pike T-28, Lockbourne, Ohio 43137 caused the damage to the subsurface drainage system, and DPU has agreed to pay $34,198.66 in the interest of resolving the matter and avoiding the uncertainties of litigation. The Owner will execute a release of claims as a condition of the payment.
The payment to D & D Farm Properties, LLC may be reimbursed by the Ohio EPA/Ohio Water Development Agency as the original project was loan-funded.
FISCAL IMPACT
Funds in the amount of $34,198.66 are available within the Sewer General Obligation Bond Fund 6109. An amendment to the 2019 Capital Improvement Budget is necessary for the purpose of providing sufficient authority for the aforementioned expenditure.
EMERGENCY DESIGNATION
Emergency action is requested in order to allow for the timely execution of the reimbursement agreement to allow D & D Farms, LLC to make the repairs needed prior to the spring planting season.
Title
To authorize the Department of Public Utilities to pay D & D Farm Properties, LLC to resolve a dispute related to a sanitary sewer project which began in March 2017 that is alleged to have caused damages to the farm's subsurface drainage system; to authorize the expenditure of $34,198.66 from the Sewer General Obligation Bond Fund; to amend the 2019 Capital Improvement Budget; and to declare an emergency. ($34,198.66)
Body
WHEREAS, the Department of Public Utilities began a sanitary sewer capital improvement project in March 2017 in the vicinity of property owned by D & D Farm Properties, LLC; and
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