Explanation
BACKGROUND: This legislation will enable the Department of Public Utilities, Division of Electricity, to proceed with the installation of a high pressure sodium street lighting system with ornamental poles and underground wiring for the Berwick Phase I Area including, Burnaby Drive, Floribunda Drive, Halleck Place, Halleck Drive, Mitzi Drive, Peace Place, Rose View Drive, Schaaf Drive, Sonata Drive, Spartan Drive, Stafford Place, Talisman Court, Tiffany Court, Haddon Road from College Avenue to and including parcel number 010-101705, Kenview Road South from Halleck Place to and including parcel number 010-140920, Kenwick Road from Scottwood Road to Kenview Road South, Roosevelt Avenue from Scottwood Road to Sonata Drive, Scottwood Road from Haddon Road to James Road, and Sherbrooke Place from Scottwood Road to Stafford Place.
Emergency action is requested due to citizens approved petition for a timely implementation of construction services during the 2003-2004 construction season.
FISCAL IMPACT: The determined amount to be paid for the Division of Electricity's share under this assessment procedure is $163,000.00. Additional funding in the amount of $187,200.00 will be made available from the Urban Infrastructure Recovery Fund.
Title
To authorize the Department of Public Utilities, Division of Electricity to proceed with the installation of a high pressure sodium street lighting system with ornamental poles and underground wiring for the Berwick Phase I Area under the assessment procedure; and to declare an emergency.
Body
WHEREAS, it is necessary to proceed with the installation of a high pressure sodium street lighting system with ornamental poles and underground wiring for the Berwick Phase I Area; and
WHEREAS, a Board of Revision appointed and acting in the pursuance of Resolution 304X-2003, adopted by City Council on July 21, 2003, respectfully approved the estimated assessment for the cost and expense of the improvement; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Electricity, in that it is immediately necessary to proceed with the installation of a high pressure sodium street lighting system with ornamental poles and underground wiring for the Berwick Phase I Area for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That is hereby determined to proceed with the installation of a high pressure sodium street lighting system with ornamental poles and underground wiring for the Berwick Phase I Area including, Burnaby Drive, Floribunda Drive, Halleck Place, Halleck Drive, Mitzi Drive, Peace Place, Rose View Drive, Schaaf Drive, Sonata Drive, Spartan Drive, Stafford Place, Talisman Court, Tiffany Court, Haddon Road from College Avenue to and including parcel number 010-101705, Kenview Road South from Halleck Place to and including parcel number 010-140920, Kenwick Road from Scottwood Road to Kenview Road South, Roosevelt Avenue from Scottwood Road to Sonata Drive, Scottwood Road from Haddon Road to James Road, and Sherbrooke Place from Scottwood Road to Stafford Place, by installing poles, fixtures, power cable, and conduit, constructing control facilities and doing such other things as may be necessary in the City of Columbus, Ohio, in accordance with Resolution 033X-2003, adopted by Council on March 10, 2003; and in accordance with the plans, specifications and estimate of cost therefor approved and now on file in the office of the Department of Public Utilities.
SECTION 2. That all claims for damages resulting therefrom shall be judicially inquired into after completion of the proposed improvement, and the City Attorney be and he is hereby authorized and directed to institute proceedings in a court of competent jurisdiction to inquire into such claims in the event any such claims are filed with the clerk within the period permitted by law.
SECTION 3. That the whole cost of said improvement, together with interest on notes issued in anticipation of the issuance of bonds and on bonds issued in anticipation of the collection of the assessment to be levied for said improvements, less the City of Columbus, Division of Electricity's share not to exceed 30% and less additional funding made available from the Urban Infrastructure Recovery Fund, with the balance to be assessed in proportion to the benefits which may result from the improvement of the property bounding or abutting upon the improvement.
SECTION 4. That the assessment so to be levied shall be paid in twenty semi-annual installments with interest on deferred payments at a rate not exceeding the prevailing interest rate; provided that the owner of the property assessed may, at his option, pay such assessment or any number of installments of the same, at any time after such assessment has been levied.
SECTION 5. That notes of the City of Columbus, Ohio, shall be issued in anticipation of the issuance of bonds to be issued in anticipation of the collection of assessments by installments and in an amount equal thereto.
SECTION 6. That the Director of Public Utilities be and he is hereby authorized and directed to make and execute contract for said improvement with the lowest and best bidder.
SECTION 7. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is 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 vetos the same.