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File #: 1941-2005    Version: 1
Type: Ordinance Status: Passed
File created: 11/7/2005 In control: Utilities Committee
On agenda: 12/5/2005 Final action: 12/8/2005
Title: To levy a special assessment upon the lots and lands benefited by the McDannald Estates Sanitary Assessment Sewer Project, in accordance with the assessment procedures set forth by the Columbus City Charter; to authorize the appropriation, transfer and expenditure of $279,284.40 from the Sanitary Sewer Fund to the Sewer Special Assessments Fund; the appropriation of $181,859.79 within the Voted Sanitary Bond Fund; the transfer and expenditure of $339,947.78 from the Voted Sanitary Bond Fund to the Sewer Special Assessments Fund; to amend the 2005 Capital Improvements Budget; for the Division of Sewerage and Drainage, and to declare an emergency.
Attachments: 1. ORD1941-2005finalassessment.xls, 2. ORD1941-2005map.tif
Date Ver.Action ByActionResultAction DetailsMeeting Details
12/8/20051 ACTING CITY CLERK Attest  Action details Meeting details
12/7/20051 MAYOR Signed  Action details Meeting details
12/5/20051 Columbus City Council ApprovedPass Action details Meeting details
12/5/20051 COUNCIL PRESIDENT Signed  Action details Meeting details
11/23/20051 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
11/22/20051 Utilities Drafter Sent for Approval  Action details Meeting details
11/22/20051 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
11/22/20051 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
11/22/20051 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
11/21/20051 Utilities Drafter Sent for Approval  Action details Meeting details
11/21/20051 CITY ATTORNEY Reviewed and Disapproved  Action details Meeting details
11/18/20051 Auditor Reviewer Reviewed and Approved  Action details Meeting details
11/18/20051 CITY AUDITOR Reviewed and Approved  Action details Meeting details
11/17/20051 Utilities Drafter Sent for Approval  Action details Meeting details
11/16/20051 Finance Reviewer Reviewed and Approved  Action details Meeting details
11/16/20051 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
11/15/20051 Utilities Drafter Sent for Approval  Action details Meeting details
11/14/20051 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
11/11/20051 Utilities Reviewer Reviewed and Approved  Action details Meeting details
11/11/20051 Utilities Drafter Sent for Approval  Action details Meeting details
11/11/20051 Utilities Reviewer Sent for Approval  Action details Meeting details
11/10/20051 Utilities Drafter Sent for Approval  Action details Meeting details
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 McDannald Estates Sanitary 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.  The final assessment amounts are less than were previously estimated.
 
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 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 the lots and lands benefited by the McDannald Estates Sanitary Assessment Sewer Project, in accordance with the assessment procedures set forth by the Columbus City Charter; to authorize the appropriation, transfer and expenditure of $279,284.40 from the Sanitary Sewer Fund to the Sewer Special Assessments Fund; the appropriation of $181,859.79 within the Voted Sanitary Bond Fund; the transfer and expenditure of $339,947.78 from the Voted Sanitary Bond Fund to the Sewer Special Assessments Fund; to amend the 2005 Capital Improvements Budget; for the Division of Sewerage and Drainage, and to declare an emergency.
 
Body
WHEREAS, the City received a valid petition requesting sanitary sewer service improvements to the McDannald Estates Sanitary Assessment Sewer Project; and
 
WHEREAS, Resolution 103X-2004, as adopted May 12, 2003, by Columbus City Council declared a necessity to provide sanitary sewer improvements to the McDannald Estates Area Assessment Sewer Project; and declared it necessary for the 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, Resolution 380X-2003, as adopted November 3, 2003, respectfully approved the estimated assessment of the cost and expense of improving the McDannald Estates area by installing the sanitary sewers as prepared by the Division of Sewerage and Drainage; and
 
WHEREAS, a Board of Revision was convened for purposes of hearing objections to the aforementioned assessment project, as appointed and acting in pursuance to Resolution 380X-2003, adopted November 3, 2003, whereupon the Board of Revision respectfully approved the estimated assessment of the cost and expense of the sanitary sewer improvements known as the McDannald Estates Area Assessment Project; and
 
WHEREAS, Ordinance No. 0526-2004, passed March 29, 2004, declared Columbus City Council's determination to proceed with the subject sanitary sewer assessment improvements project; and
 
WHEREAS, Ordinance No. 1865-2004, passed October 25, 2004 provided for the issuance and sale of a Special Assessment Bond Anticipated Note, in the principal amount of $1,235,000.00, for the purpose of providing funds to pay the costs of constructing sanitary sewers in the McDannald Estates Area Assessment Sewer Project, and other costs incidental thereto; and
 
WHEREAS, the Director of Public Utilities did in fact enter into a contract for the construction of the McDannald Estates Area Assessment Sewer Project with Fields Excavating, Inc., as authorized by Ordinance No. 1777-2004, passed October 28, 2004, 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  transfer, appropriation and expenditure of funds required for the city's share of the McDannald Estates Area Assessment Sewer Project; to amend the 2005 Capital Improvements Budget; and to levy an assessment upon the lands and lots serviced by the McDannald Estates Area Assessment Sewer 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 $279,284.40 is hereby appropriated within the Sanitary Sewer Bond Fund No. 663 in Project 663999| Unallocated Balance| Obj. Level 3: 5501 for purposes of transferring said funds to the Sewer Special Assessment Fund No. 662.
 
Section 2.  That the City Auditor is hereby authorized to transfer $279,284.40 from the Sanitary Sewer Bond Fund No. 663 to the Sewer Special Assessments Fund No. 662, Department 60-05, as follows:
 
FROM:
Proj. 663999| Unallocated Balance| OCA 642876 Obj. Level 3: 5501| $279,284.40
 
TO:
Fund 662| Subfund 579| McDannald Estates Assessment| OCA 662579| $279,284.40
 
Section 3.  That the $181,859.79 is hereby appropriated within the Voted Sanitary Bond Fund No. 664 in Project 664999| Unallocated Balance| Obj. Level 3: 6600 for purposes of transferring said funds to the Sewer Special Assessment Fund No. 662.
 
Section 4.  That the City Auditor is hereby authorized and directed to transfer $339,947.78 from within the Voted Sanitary Bond Fund No. 664; Division 60-05, as follows:  
 
FROM:
Project 664999| Unallocated Balance| OCA Code 999664| OL3 6630| $181,859.79
Project 650404| San. System Rehab.| OCA Code 655266| OL3 6630| $158,087.99
 
TO:
Proj. 650901| Transfer to Other Funds| OCA 900738 Obj. Level 3: 5501| $339,947.78
 
Section 5.  That the City Auditor is hereby authorized to transfer $339,947.78 from the Voted Sanitary Sewer Bond Fund No. 664 to the Sewer Special Assessments Fund No. 662, Department 60-05, as follows:
 
FROM:
Proj. 650901| Transfer to Other Funds| OCA 900738| OL3: 5501| $339,947.78
 
TO:
Fund 662| Subfund 579| McDannald Estates Assess.| OL3: 6630| OCA 662579| $339,947.78
 
Section 6.  That the City Auditor is hereby authorized to make the accounting changes necessary to incorporate the City's share of the costs associated within the McDannald Estates Area Assessment Sewer Project.
 
Section 7.  That the assessment of the construction cost and interest expense associated with the McDannald Estates Area Assessment Sewer Project, shall be levied upon the lands and lots assessed in accordance with Ordinance No. 0526-2004, passed July 12, 2004, in the City of Columbus, Franklin County, Ohio.
 
Section 8.  That the total assessment of $501,506.74 to be levied upon the lands and lots assessed in accordance with Section Seven herein, shall include the following actual construction costs associated with the McDannald Estates Area Assessment Sewer Project:
 
Project Cost Item
Actual Cost
Construction Contract (EL004718)
$1,028,501.00
Construction Inspection Internal Billing (AC02079/001)
$92,237.92
Construction Note(s) Interest
$35,351.88
TOTAL PROJECT COSTS:
$1,156,090.80
CITY PARTICIPATION:
$619,232.18
TOTAL ASSESSMENT
$501,506.74
 
Section 9.  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 $54.63 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 10.  That it is hereby determined and declared that the City's portion of the assessable project costs shall be in the amount of $619,232.18, 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 11.  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 12.  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 13.  That the 2005 Capital Improvements Budget Ordinance No. 1070-2005, is hereby amended as follows, to provide sufficent budget authority for the City's share of the McDannald Estates Area Assessment Sewer Project as follows:
 
CURRENT:
650613:  McDannald Estates Area Assessment - $0.00
 
AMENDED TO:
650613-  McDannald Estates Area Assessment - $279,284.40 (Fund 663 Carryover)
650613 - McDannald Estates Area Assessment - $339,947.78 (Fund 664 Carryover)
 
Section 14.  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.