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 Willow Springs Area 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 further authorizes the transfer and expenditure of $40,065.65 from the Voted Sanitary Bond Fund No. 663 to the Sewer Special Assessments Fund No. 662 for purposes of providing the City's share of this assessment project.
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 Willow Springs Area Assessment Sewer Project, in accordance with the assessment procedures set forth by the Columbus City Charter; to authorize the appropriation, transfer, and expenditure of $40,065.65 from the Sewer System 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 Willow Springs Area Assessment Sewer Project; and
WHEREAS, Resolution 179X-2003, adopted June 16, 2003, by Columbus City Council declared a necessity to provide sanitary sewer improvements to the Willow Springs Area Assessment Sewer Project area as required under Section 166 of the Columbus City Charter; and said resolution set forth the method of the assessments, the mode of payment, the number of annual installments, and the portion of the cost to be paid by the City, and
WHEREAS, Ordinance No. 1130-2004, passed July 12, 2004, established Columbus City Council's determination to proceed with the subject sanitary sewer assessment improvements project; and
WHEREAS, Ordinance No. 1864-2004, passed October 25, 2004 provided for the issuance and sale of a Special Assessment Bond Anticipated Note, in the principal amount of $131,000.00, for the purpose of providing funds to pay the costs of constructing sanitary sewers in the Willow Springs 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 Willow Springs Area Assessment Sewer Project with George J. Igel & Company, Inc., as authorized by Ordinance No. 1884-2004, passed November 22, 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 pass this ordinance, so as to enable the City to levy an assessment upon the lands and lots serviced by the Willow Springs 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,
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 $40,065.65 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 Assessments Fund No. 662.
Section 2. That the City Auditor is hereby authorized to transfer $40,065.65 from the Sanitary Sewer Bond Fun 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| $40,065.65
TO:
Fund 662| Subfund 580| Willow Springs Special Assessment| OCA 662580| $40,065.65
Section 3. 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 Willow Springs Area Assessment Sewer Project.
Section 4. That the assessment of the construction cost interest expense associated with the Willow Springs Area Assessment Sewer Project, shall be levied upon the lands and lots assessed in accordance with Ordinance No. 1130-2004, passed July 12, 2004, in the City of Columbus, Franklin County, Ohio.
Section 5. That the total assessment of $55,779.25 to be levied upon the lands and lots assessed in accordance with Section Four herein, shall include the following actual costs associated with the Willow Springs Area Assessment Sewer Project:
Project Cost Item |
Actual Cost |
Construction Contract (EL005082) |
$95,844.90 |
Construction Note(s) Interest |
$3,749.88 |
TOTAL PROJECT COSTS: |
$99,594.78 |
CITY PARTICIPATION: |
$43,815.53 |
TOTAL ASSESSMENT |
$55,779.25 |
Section 6. 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 $54.26 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 7. That it is hereby determined and declared that the City's portion of the assessable project costs shall be in the amount of $40,065.65, 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 8. 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 9. 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 10. 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 Willow Springs Area Sanitary Sewer Assessment Project as follows:
CURRENT:
650833 - Willow Springs Area Assessment Imp. - $0.00
AMENDED TO:
650833 - Willow Springs Area Assessment Imp. - $40,065.65 (Fund 663 Carryover)
Section 11. 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.