Explanation
Background: The attached Ordinance is to levy special assessments to pay for a portion of the costs of Reynolds Crossing Boulevard in accordance with a petition for those special assessments. In 2005, City Council passed Resolution 0109X-2005 determining the necessity of that improvement and Ordinance 1250-2005 determining to proceed with the construction of that improvement as part of a public-private partnership with the developer of the Reynolds Crossing neighborhood. The attached Ordinance is the final legislative step in the partnership process. In addition to levying the special assessments, the attached Ordinance approves an amendment to the original special assessment petition that further clarifies the timing of the special assessments, authorizes the Public Service Director to execute a guaranteed maximum price agreement for the purchase for the Reynolds Crossing Boulevard improvement and appropriates the special assessments received by the City to pay for the improvements. Because the agreement is entered into pursuant to Section 186 of the Charter, competitive bidding is not required, and therefore, it is necessary to waive the bidding provisions of chapter 329 of the Columbus City Codes.
Fiscal Impact: No funding is required for this legislation.
Title
To approve an amendment to the petition for special assessments for the improvement of Reynolds Crossing Boulevard and related roadway improvements; to levy those special assessments; to appropriate all of those special assessments collected to pay for costs of those improvements; to authorize the Director of Public Service to execute a guaranteed maximum price agreement under Section 186 of the Charter of the City of Columbus for those improvements; to waive the competitive bidding provisions of the Columbus City Codes; and to determine that such action is necessary pursuant to Section 55(b) of the Charter of the City of Columbus.
Body
WHEREAS, the owners of 100% of the lots and lands to be assessed for the Improvement described in Section 1 have petitioned this Council (that Petition for Special Assessments and Affidavit dated February 11, 2005, as amended by the First Amendment to Petition dated September 11, 2009, is referred to herein as the "Petition") for the construction of the Improvement described in Section 2, and further, that there be assessed against the real property described in the Petition certain costs of the Improvement; and
WHEREAS, this Council has heretofore adopted Resolution No. 0109X-2005 on July 20, 2005 (the "Resolution of Necessity"), accepting the Petition and declaring the necessity of making the Improvement and passed Ordinance No. 1250-2005 on July 20, 2005, determining to proceed with the construction of the Improvement; and
WHEREAS, the Improvement has been completed and the final cost of that Improvement has been determined; and
WHEREAS, to pay for the construction of the Improvements it is necessary to authorize the Director of Public Service to execute a Guarantee Maximum Price Agreement under Section 186 of the Charter of the City of Columbus with the petitioners to reimburse petitioners for the costs of the Improvements out of the special assessments received by the City; and
WHEREAS, this ordinance is another in a series of ordinances related to and necessary to pay for the design and construction of a public improvement such that action hereunder is deemed to be necessary pursuant to Section 55(b) of the Columbus City charter; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. This Council hereby finds that the First Amendment to the Petition dated September 11, 2009, has been signed by the owners of 100% of the lots and lands subject to that amendment and hereby accepts that amendment.
Section 2. The special assessments for the cost and expense of the improvement of public streets and easements by, the improvement of Lancaster Avenue, a public road; the improvement of East Broad Street, a public road; the improvement of the approaches and intersection of Lancaster Avenue and East Broad Street; the improvement of the approaches and intersection of East Broad Street and Brannockburn Boulevard; the construction of Tatum Way, a new road; the construction of Shallotte Drive, a new road; and the construction of Reynolds Crossing Drive, a new 2600 foot collector road connecting Lancaster Avenue and East Broad Street (beginning from Lancaster Avenue approximately 1000 feet south of the intersection, continuing in a northeasterly direction, and ending at East Broad Street approximately 2400 feet east of the intersection), by excavating, grading, and paving the public streets and parking areas, planting of hedges and trees including street trees, installing drainage, street and parking area lighting, decorative street lamps, conduit, curbs and gutters, sidewalks, bicycle parking, ADA compliant handicapped ramps, traffic pavement markings, street signs, traffic signalization, loop detectors, and controllers together with all necessary and related appurtenances (the "Improvement"), pursuant to the Resolution of Necessity, amounting in total to $2,022,060.80, which were filed and are on file with the Clerk, are adopted and confirmed. Those special assessments are levied and assessed upon the lots and lands provided for in the Resolution of Necessity and the Petition in the respective amounts and pursuant to the methodology set forth in the schedule of special assessments on file with the City Auditor, which special assessments are in proportion to the special benefits and are consistent with the Petition.
Section 3. This Council finds and determines that the special assessments have been allocated and are in the same proportion to the estimated special assessments as the actual cost of the Improvement is to the estimated cost of the Improvement, all as originally described in the Petition.
Section 4. The special assessment against each lot or parcel of land shall be payable in 20 annual installments (each annual installment to be payable semi-annually at the time real estate taxes in Franklin County, Ohio, are payable), with interest at the rate of five percent (5%) per annum, calculated on the basis of a 360-day year comprised of twelve 30-day months, and with the annual amount of principal and interest computed utilizing a methodology which produces the same amount, or approximately the same amount, each year. All special assessments shall be, at the time and in the manner set forth in the Petition, certified by the City Auditor to the County Auditor of Franklin County, Ohio, as provided by law to be placed on the tax duplicate and collected as taxes are collected.
Section 5. The Director of Public Service be and hereby is, authorized to execute and deliver to Dominion Homes, Inc. the Capital Improvements Project Guaranteed Maximum Price Agreement for Lancaster Avenue, East Broad Street, and New Collector Road Improvements (the "GMP Agreement") in substantially the form presently on file with the Director along with any changes or amendments thereto not substantially adverse to the City and approved by the Director, provided that the approval of such changes and amendments thereto by the Director, and the character of those changes and amendments as not being substantially adverse to the City, shall be evidenced conclusively by the execution thereof by the Director.
Section 6. All special assessments levied by this Ordinance shall be deposited into the Reynolds Crossing Special Assessment Fund (the "Fund") upon receipt by the City, which fund is hereby established for that purpose. All amounts on deposit in the Fund shall be deemed appropriated for the purposes set forth in the GMP Agreement and authorized to be expended therefrom in accordance with that GMP Agreement. The City Auditor is hereby authorized to make payments to the Dominion Homes, Inc. or its designee, from the Fund in accordance with that GMP Agreement.
Section 7. The Clerk of Council shall deliver or cause to be delivered a certified copy of this Ordinance to the County Auditor of Franklin County, Ohio, within 20 days after its passage.
Section 8. That the competitive bidding procedures of Chapter 329 are hereby waived for the procurement of the improvements under the GMP Agreement.
Section 9. This Ordinance is one measure in a series of measures necessary to make and pay for a public improvement, therefore, and pursuant to Section 55(b) of the City Charter, this Ordinance shall take effect and be in force from and after its passage and approval by the Mayor or ten days after the passage if the Mayor neither approves nor vetoes the same.