Explanation
1. BACKGROUND:
This legislation authorizes the City to levy a special assessment upon the lots and lands benefited by the sanitary sewer service improvements constructed by the Lockbourne Road Sewer Assessment Project. The construction has been completed and the sewer will be available for connection by the property owners. Upon passage of this ordinance, each property owner will receive notification of his or her assessment. They will have 30 days to pay the assessment in full, or to automatically have it billed through their property tax bills for a period of 10 years.
This legislation is required under Section 181 of the City Charter in order to assess the total applicable project expenses to the benefiting property owners.
2. EMERGENCY DESIGNATION: The Division is requesting that this ordinance be considered an emergency measure in order to fulfill the strict notification required of the assessment process, prior to the expiration of the special assessment anticipation notes.
Title
To levy a special assessment upon properties benefited by the Lockbourne Road Sewer Assessment Project, in accordance with the assessment procedures set forth by the Columbus City Charter; and to declare an emergency.
Body
WHEREAS, the City received a valid petition requesting sanitary sewer service improvements to the Lockbourne Road Sewer Assessment Project; and
WHEREAS, Resolution 0039X-2008, as adopted March 3, 2008, by Columbus City Council declared a necessity to provide sanitary sewer improvements to the Lockbourne Road Sewer Assessment Project; and declared it necessary for the Director of Public Utilities to cause the preparation of plans and specifications required for the construction of said improvements under an assessment procedure; and
WHEREAS, Public Notice, PN0309-2008, was passed by City Council on December 23, 2008, and was published in the City Bulletin notifying the Public of the creation of a Board of Revision; and
WHEREAS, Ordinance 0027-2009, as adopted February 9, 2009, respectfully approved the estimated assessment of the cost and expense of improving the Lockbourne Road Sewer area by installing the sanitary sewers as prepared by the Division of Sewerage and Drainage; and
WHEREAS, Ordinance No. 0484-2009, passed April 13, 2009, provided for the issuance and sale of a Special Assessment Bond Anticipation Note, in the principal amount of $286,000, for the purpose of providing funds to pay the costs of constructing sanitary sewers in the Lockbourne Road Sewer Assessment Project, and other costs incidental thereto; and
WHEREAS, Ordinance No. 1584-2009, passed December 14, 2009, authorized the Director of Public Service to enter into a construction contract for the work; and
WHEREAS, Ordinance No. 1436-2010, passed October 18, 2010, provided for the renewal of the issuance and sale of a Special Assessment Bond Anticipation Note, in the principal amount of $286,000, for the purpose of providing funds to pay the costs of constructing sanitary sewers in the Lockbourne Road Sewer Assessment Project, and other costs incidental thereto; and
WHEREAS, Ordinance No. 1687-2011, passed October 24, 2011, provided for the renewal of the issuance and sale of a Special Assessment Bond Anticipated Note, in the principal amount of $286,000, for the purpose of providing funds to pay the costs of constructing sanitary sewers in the Lockbourne Road Sewer Assessment Project, and other costs incidental thereto; and
WHEREAS, the Director of Public Service entered into a contract (EL009939) for the construction of the Lockbourne Road Sewer Assessment Project, with Complete General Construction, Inc, as authorized by Ordinance No. 1584-2009, passed December 14, 2009, to which the construction of the sanitary sewer has been completed, and the costs associated with the construction have been tabulated in their final form; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, in that it is immediately necessary for this City Council to authorize the levy of a special assessment upon the lots and lands serviced by the Lockbourne Road Sewer Assessment Project, in an effort to fulfill the strict requirements of the notification requirements of the assessment process, prior to the expiration of the special assessment anticipation notes, in accordance with Section 178 of the Columbus City Charter, for the Division of Sewerage and Drainage, now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the assessment of the construction cost and interest expense associated with the Lockbourne Road Sewer Assessment Project, shall be levied upon the lands and lots assessed in accordance with Ordinance No. 0027-2009, passed February 9, 2009, in the City of Columbus, Franklin County, Ohio.
SECTION 2. That the total assessment of $285,827.47 be levied upon the lands and lots assessed in accordance with Section Three herein, shall include the following actual construction costs associated with the Lockbourne Road Sewer Assessment Project:
Project Cost Item |
Actual Cost |
Construction Contract (EL009939) - Sanitary Portion |
$523,172.85 |
Construction Inspection Internal Billing |
$81,254.63 |
Construction Note(s) Interest |
$20,670.65 |
TOTAL PROJECT COSTS: |
$625,098.13 |
CITY PARTICIPATION: |
$339,270.66 |
TOTAL ASSESSMENT |
$285,827.47 |
SECTION 3. That the final following assessments to be levied have been prepared by the Division of Sewerage and Drainage, Sewer System Engineering Staff, based upon the equal benefits derived upon the total number of parcels being served by the improvement in proportion to the total estimated cost less the portion to be contributed by the City, and as such the final calculated cost of the improvements $61.80 per assessable front footage, and the same is hereby confirmed and that there be and hereby are levied and assessed upon the lots and lands hereinafter set forth, the several amounts as therein set forth, it being hereby determined and declared that each of said lots and lands is specifically benefited by said assessment and in an amount equal to said improvement:
SECTION 4. That it is hereby determined and declared that the City's portion of the assessable project costs shall be in the amount of $339,270.66, and that said cost is based upon the costs of intersection crossings, manhole structures, clearing, miscellaneous construction items, project financing costs; and unserved private property.
SECTION 5. That the total assessment shall be payable at the Office of the City Treasurer of Columbus, Franklin County, Ohio, within thirty days from the effective date of this ordinance or at the option of the owner in twenty semi-annual installments with interest upon deferred payment at the same rate as shall be borne by the bonds to be issued in anticipation of the collection of the same at the office of the County Treasurer of Franklin County, Ohio, after the same has been certified to the County Auditor of Franklin County, Ohio, for collection in the manner provided by law.
SECTION 6. That the said assessment, and all portions, thereof, when collected shall be paid into the Sinking Fund and shall be applied to the payment of bonds issued for said improvement and the interest thereon as the same shall become due and to no other purpose whatsoever.
SECTION 7. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this Ordinance.
SECTION 8. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
SECTION 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 10. 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.