Explanation
1. BACKGROUND:
A. Need. This ordinance declares City Council's determination for the City to proceed with the construction of the Hilock/Lewis Roads Assessment Area Sewer, Part 2 Project. The cost of which is to be assessed against the abounding and abutting lots and lands. Upon passage of this ordinance the Director of Public Utilities will solicit sealed bids for the construction of the improvements. Once the lowest, best, responsive and responsible bidder has been identified, the Division of Sewerage and Drainage will request the Department of Finance to initiate the necessary proceeding required to acquire the appropriate project funding. Immediately upon receiving said funding, legislation will be submitted to City Council requesting authority to award the construction contract and to provide for payment of construction inspection services.
B. Historical Data: Resolution 140X-95 adopted July 31, 1995, declared a necessity of providing sanitary sewer improvements in connection with the subject project; and declared it necessary for the Director of Public Utilities to cause the preparation of plans and specifications required for the construction of sanitary sewers under an assessment procedure. The estimated assessments as mailed to the affected property owners and shown on the Assessment Report remain unchanged. The plans and specifications are complete, and all of the necessary construction and permanent easements have been acquired. The delay in moving forward with this project was due to the lengthy negotiations with property owners in granting the construction and permanent easements that are necessary to successfully complete the project.
Title
To declare the determination of City Council to proceed with the construction of the sanitary sewer improvements associated with the Hilock/Lewis Roads Assessment Area Sewer, Part 2 Project, in accordance with the assessment procedures set forth by Columbus City Charter, for the Division of Sewerage and Drainage; and to declare an emergency.
Body
WHEREAS, the City has received a valid petition requesting sanitary sewer service improvements to the Hilock/Lewis Roads Assessment Area Sewer, Part 2 Project area on February 6, 1995; and
WHEREAS, Resolution 140X-95, adopted on July 31, 1995, by Columbus City Council declared it necessary to cause the preparation of plans, profiles, specifications and estimate of cost for the Hilock Road/Lewis Road Assessment Sewer, Part 2 Project; and
WHEREAS, in accordance with Section 168 of the Columbus City Charter, the Division of Sewerage and Drainage has submitted an Assessment Report to the City Clerk, and whereby all benefiting property owners of this assessment project have been notified by either certified U.S. Postal Service or publication of the notice twice within the Columbus City Bulletin; and
WHEREAS, Resolution 194X-02, adopted November 4, 2002, established a Board of Revision for purposes of hearing objections to the estimated assessments for the Hilock/Lewis Roads Assessment Area Sewer, Part 2 Project, whereupon said Board did convene and reported to Council on November 30, 2002 that they approved the estimated assessment for the cost and expense of improving the subject improvements; and
WHEREAS, the property owners abutting the Hilock/Lewis Roads Assessment Area Sewer, Part 2 Project will pay a proportional cost of the sanitary sewer service improvement costs through a special assessment as shown upon the County Real Estate Property tax bill commencing at the time of the completion of the project as stipulated within the Assessment Report and estimated assessments; and
WHEREAS, the construction plans and specifications have been prepared and completed; all of the necessary construction and permanent easements have been acquired; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that is immediately necessary for this Council to declare it necessary to proceed with the installation of this urgently needed sanitary sewer infrastructure in accordance with Section 173 of the City Charter for the preservation of the public health, peace, property and safety; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That it is the determination of the City Council that the City proceed with the construction of the Hilock/Lewis Roads Assessment Area Sewer, Part 2 Project as declared necessary within Resolution 140X-95, adopted July 31, 1995, for purposes of constructing sanitary sewer improvements in accordance with the plans and profile marked CC-10721, together with the specifications and estimate of cost therefore which have been approved and are now on file in the offices of the Division of Sewerage and Drainage, Department of Public Utilities, 910 Dublin Road, Room 3031, Columbus, Ohio 43215-9053.
Section 2. That a portion of the cost of the said sewerage improvements together with the interest on notes issued in anticipation of bonds and on bonds issued in anticipation of the collection of the assessments, shall be assessed in proportion to the special benefits which may result from such improvement upon all lots and lands bounding and abutting upon said improvement. Each property owner in the proposed project area has been duly provided with estimated assessments for their parcel, by the City Clerk of the City of Columbus, and are on file in the Division of Sewerage and Drainage's Sewer System Engineering Section.
Section 3. That the assessments so to be levied shall be paid in twenty semi-annual installments with interest on the deferred payments at a rate not exceeding seven percent per annum, provided however, that the owner of any property assessed may, at his option, pay such assessment or any number of installments thereof, at any time after such assessment has been levied.
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 provided that the owner of any 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 the City's share in the cost of the improvements shall include the cost of the project design services; inspection; and the construction costs associated with the right-of-way pavement restoration; and intersection crossings.
Section 6. That notes of the City of Columbus, Ohio, shall be issued in anticipation of the issuance of bonds to be issued in the anticipation of the collection of the assessments by installments, and in an amount equal thereto.
Section 7. 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.