Explanation
1. NEED: This ordinance declare City Council's determination for the City to proceed with the cosntruction of the McDannald Estates Area Assessment Sewer Project. The cost of which is to be assessed against the abounding and abutting lots and lands benefitting from the project. 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 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 the payment of construction inspection services.
2. HISTORICAL DATA: Resolution 103X-2003, adopted May 12, 2003, 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 sanitary sewers under an assessment procedure. On December 5, 2003, the Board of Revision members appointed and acting in pursuance to Resolution 380X-2003, adopted November 3, 2003, respectfully approved the estimated assessment of the cost and expense of the improving the McDannald Estates area by installing the sanitary sewers as made by the Division of Sewerage and Drainage. 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.
3. EMERGENCY LEGISLATION: The Division of Sewerage and Drainage is requesting Council to consider this measure an emergency measure for purposes of immediately causing the procurement of the construction services necessary to install the urgently required sanitary sewer system that is needed to address groundwater pollution concerns in the McDannald Estates community.
Title
To declare the determination of City Council to proceed with the construction of the sanitary sewer improvements associated with the McDannald Estates Area Assessment Sewer 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. ($0.00)
Body
WHEREAS, the City of Columbus's Health Department has identified the residential development known as McDannald Estates to have documented groundwater pollution concerns primarily due to the lack of centralized sanitary sewer service; and
WHEREAS, Resolution 103X-03, adopted May 12, 2003, established City Council's declaration for the necessity to construction sanitary sewer improvements known as the McDannald Estates Area Assessment Sewer Project, and to approve the plans, specifications, estimates and profiles in accordance with the assessment procedures of the Columbus City Charter; 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, 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, 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 improving the McDannald Estates area by installing the sanitary sewers as made by the Division of Sewerage and Drainage; 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 McDannald Estates Area Assessment Sewer Project as declared necessary within Resolution 103X-2003, adopted May 12, 2003, for purposes of constructing sanitary sewer improvements in accordance with the plans and profile marked CC-12108, together with the specifications and estimate of cost therefor 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 the prevailing interest rate received by the City for such purposes, 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 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 5. 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 6. That for the reasons stated in the preamble hereto, which is hereby made a part thereof, 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 aftter passage if the Mayor neither approves nor vetoes the same.