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 II area, including Beverly Place, Brookwood Road, Kingslea Road, Lakewood Road, Medford Road, Medford Place, Berwick Boulevard from Castlegate Road to Dover Road, Brookwood Place from Brookwood Road to and including parcel number 010-132086, Cassingham Road from Livingston Avenue to College Avenue, Dover Road from Cassingham Road to Brookwood Road, Euclaire Avenue from Livingston Avenue to College Avenue, Haddon Road from Kenwick Road to and including parcel number 010-101706, Kenwick Road from Livingston Avenue to Dover Road, Roosevelt Avenue from Livingston Avenue to Scottwood Road, and Sherbrooke Place from Scottwood Road to Berwick Boulevard.
Emergency action is requested due to citizens' approved petition for a timely implementation of construction services during the 2004-2005 construction season.
FISCAL IMPACT: The determined amount to be paid for the Division of Electricity's share under this assessment procedure is $155,000.00. Additional funding in the amount of $167,000.00 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 in the Berwick Phase II 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 in the Berwick Phase II area; and
WHEREAS, a Board of Revision appointed and acting in the pursuance of Resolution 197X-2004, adopted by City Council on September 13, 2004, 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 II 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 it 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 II area including, Beverly Place, Brookwood Road, Kingslea Road, Lakewood Road, Medford Road, Medford Place, Berwick Boulevard from Castlegate Road to Dover Road, Brookwood Place from Brookwood Road to and including parcel number 010-132086, Cassingham Road from Livingston Avenue to College Avenue, Dover Road from Cassingham Road to Brookwood Road, Euclaire Avenue from Livingston Avenue to College Avenue, Haddon Road from Kenwick Road to and including parcel number 010-101706, Kenwick Road from Livingston Avenue to Dover Road, Roosevelt Avenue from Livingston Avenue to Scottwood Road, and Sherbrooke Place from Scottwood Road to Berwick Boulevard, 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 091X-2004, adopted by Council on April 19, 2004; 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 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 is hereby authorized and directed to make and execute a 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 vetoes the same.