Explanation
The Public Service Department, Transportation Division, has undertaken the North High Street streetscape improvement project. This project installed streetscape enhancements including new curbs, new sidewalks, ornamental lighting, mast-arm signal structures, traffic-calming nodes and street furniture on North High Street from Arcadia Avenue to Torrence Road. Property owners agreed by petition to be assessed for a portion of the total cost of these improvements. Resolution 060X-2004 was adopted by City Council July 19, 2004; this authorized the Public Service Director to cause the preparation of plans and specifications for the improvement and capped the property owners' portion of total project costs at $936,373.07. Ordinance 1092-2004 was also passed July 19, 2004; this authorized the Director to enter into contract for the work and pay construction inspection charges [total authorization $4,353,538.85]. Finally, Resolution 0036X-2005 was adopted July 18, 2005; this authorized the Director to declare the necessity of the improvement under the assessment procedure. A Board of Revision was recently convened to hear challenges to individual assessments but no challenges were presented.
Section 178 of the City Charter provides, in pertinent part, that subsequent to such an improvement being completed and its cost ascertained City Council shall, by ordinance, assess upon the property mentioned and in the manner provided in the preliminary resolution, the entire cost and expense thereof, excepting the portion to be paid by the City. All costs of the streetscape improvements have now been assembled and the final assessment report has been prepared. This legislation levies a special assessment upon the lots and lands benefited by the improvements consistent with the City Charter.
Fiscal Impact: No expenditures are authorized by this legislation. The City has temporarily absorbed the total cost of the improvement. The completion of the assessment procedure will allow the City to recover $936,373.07, the portion of the costs to which the property owners have subscribed.
Emergency action is requested in order that the assessment process may be completed prior to the street improvement notes becoming due and payable by the City.
Title
To authorize the Public Service Director to levy a special assessment upon the lots and lands benefited by the construction of streetscape enhancements on North High Street from Arcadia Avenue to Torrence Road for the Transportation Division and to declare an emergency. ($-0-)
Body
WHEREAS, property owners have submitted a petition for streetscape enhancements including new curbs, sidewalks, ornamental lighting, mast-arm signal structures, traffic-calming nodes and street furniture on North High Street from Arcadia Avenue to Torrence Road; and
WHEREAS, Resolution 060X-2004 was adopted by City Council July 19, 2004; this authorized the Public Service Director to cause the preparation of plans and specifications for the improvement and capped the property owners' portion of the total project costs at $936,373.07; and
WHEREAS, Ordinance 1092-2004 was also passed July 19, 2004; this authorized the Director to enter into contract for the work; and
WHEREAS, Resolution 0036X-2005 was adopted July 18, 2005; this authorized the Director to declare the necessity of the improvement under the assessment procedure; and
WHEREAS, all costs of the streetscape enhancement now have been assembled and the final assessment report has been prepared; and
WHEREAS, Section 178 of the City Charter provides, in pertinent part, that subsequent to such an improvement being completed and its cost ascertained, City Council shall, by ordinance, assess upon the property mentioned and in the manner provided in the preliminary resolution, the entire cost and expense thereof, excepting the portion to be paid by the City; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to levy a special assessment upon the lots and lands benefited by said improvement to complete the assessment process prior to the streetscape assessment notes becoming due and payable by the City, thereby preserving the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Public Service Director be and hereby is authorized and directed to levy an assessment for the cost and expense of construction of streetscape enhancements in accordance with Resolution 0036X-2005, adopted by City Council July 18, 2005, in the City of Columbus, Franklin County, Ohio as prepared by the Transportation Division, that the same is hereby confirmed and that there be and hereby is levied and assessed upon the lots and lands herein set forth, the several amounts herein set forth, it being hereby determined and declared that each said lot and land is specially benefited by said improvements and in an amount equal to said improvement:
Total Amount of Contract $3,847,724.85
Inspection and Prevailing Wage 505,814.00
Design Engineering 342,046.11
Transportation Division - Certified Mail - Notices 1,214.39
Transportation Division - Certified Mail - Invoices 1,214.39
Cost of Issuance of Bonds 7,500.00
Total Cost $4,705,513.74
Less City Portion 3,768,540.74
Total Property Portion $ 936,973.00
Property Owners' portion of $936,973.00 divided by 11,416.92 linear feet of property frontage equals $82.02 per linear foot.
SECTION 2. That the total assessment shall be payable at the office of the City Treasurer of Columbus, in Franklin County, Ohio, within thirty days from the effective date of this ordinance, or at the option of the owner, in ten annual installments with interest upon deferred payment at an annual rate of 4.850 percent at the Office of the County Treasurer of Franklin County, Ohio, after the same have been certified to the County Auditor of Franklin County, Ohio, for collection in the manner provided by law.
SECTION 3. 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 the notes and/or bonds issued for said improvement and the interest thereon, as the same shall become due and for no other purpose whatsoever.
SECTION 4. 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 its passage if the Mayor neither approves nor vetoes the same.