Another hurdle in the ongoing struggle to make the streetcar a reality was bypassed today, when Mayor Mark Mallory and City Manager Milton Dohoney, Jr. announced that after months entangled in a gridlock, Duke Energy and the city of Cincinnati have finally reached an agreement over who will pay for the relocation of utility lines.

Somewhat of an agreement, anyway. Mallory said that the city and Duke will go before a judge in Common Pleas court, who will make the final decision as to who should pay for the utility relocation. According to the agreement, Duke Energy will begin moving its utilities in the next few weeks, and the court decision will determine cost responsibility later. The city and Duke are expected to file in Common Pleas court within the next few weeks, although the court decision could take years to finalize.

The city broke ground on the streetcar nearly a year ago, but the skirmish between Duke and the city delayed further development — Duke refused to begin any kind of construction before financial responsibility was determined.

The reconciliation contains two separate agreements, one of which outlines how Duke will safely operate its utilities once the streetcar is in place. The other demarcates how Duke and the city will resolve the issue of financial responsibility; they've both agreed to abide by the court ruling after any appeals are exhausted.
 
"The utilities' agreements are in place, the cars are being ordered and the construction bids are coming in," announced Dohoney.

Roxanne Qualls, city council member and Democratic mayoral candidate, has long been a supporter of the streetcar project, which she values as an indispensable economic investment for the city of Cincinnati. Yesterday, Qualls announced her request for the city to ramp up the streetcar construction timeline in order to have the project completed in time for the All-Star Games, which will take place in Cincinnati July 2015. Her announcement came just weeks after the city revised its timetable to delay project completion until April 2016.

In a letter from Qualls to Mallory and Dohoney, she explains: “This may present a challenge, but it is one I am sure the administration is capable of meeting. The streetcar will serve a critical role in efficiently and effectively moving visitors to and from Great American Ballpark and allowing them to conveniently visit other venues such as Fountain Square, Horseshoe Casino, Over-the-Rhine, Washington Park, etc.”

At the meeting, Mallory announced that the city would shoot for construction to be completed prior to the games, but there were no guarantees. The streetcar builder will ultimately set the timeline for the project, according to Jason Barron, Mallory's director of public affairs.

CityBeat recently covered the streetcar project's delays and how the 2013 mayoral race could affect its progress here.

Cincinnati City Council plans to move $29 million in funds to avoid further delays for the streetcar project, but the city is still looking at a 2015 opening date. City officials announced Wednesday that a council committee will vote Monday on three pieces of legislation to keep the $110 million project in line with the recently announced delayed opening.

One measure would front $15 million to help Duke Energy move underground utility lines from the path of the proposed streetcar route. That money comes from the recent $37 million sale of land near the former Blue Ash Airport. 

The city thinks it will get this money back once a dispute with Duke is resolved. The city contends that Duke is responsible for moving the lines, which the utility estimates will cost $18.7 million. Duke counters that the lines only have to be moved because of the streetcar construction, so the city should foot the bill.

“We’re fronting money for the Duke work until we can work out who pays for it with Duke,” city spokeswoman Meg Oldberding said. “It’s to keep the project on time and on budget. Delays would escalate the cost.”

Another ordinance would change the municipal code to “confirm the city’s existing rights” and clarify that utilities pay for the cost of relocating facilities unless otherwise negotiated, according to a news release.

Oldberding said Cincinnati has always maintained that it is the utility’s responsibility to relocate their facilities, so it is not a change in the city’s position.

The final ordinance would change the funding source that is repaying $25 million in bonds sold as part of the original plan to fund the streetcar. 

Those bonds were originally being repaid with money coming into city coffers from southern downtown and the riverfront area. 

That area wasn’t bringing in as much cash as expected, so the ordinance would have $14 million of the bonds repaid from a 1995 fund set up to collect service payments from the Westin/Star, Hyatt and Saks.

Oldberding said once the downtown district rebounds — it includes the Banks and the casino — it would repay the other fund.

The ordinances would not add to the project’s cost. Construction is scheduled to begin early next year.

The ever-debated, never implemented property tax increase will continue to be nonexistent, as will a new police station, playgrounds, some public pools, Music Hall renovations and certain street repavings and building demolitions, according to The Enquirer. Councilwoman Laure Quinlivan will make the deciding vote against City Manager Milton Dohoney’s proposed tax increase, which would add $46 to the owner of a $100,000. Also against disproportionately taxing rich people are Councilmen Chris Seelbach, P.G. Sittenfeld, Christopher Smitherman and Charlie Winburn. Quilivan says the government isn’t the right size and that the government should make the tougher changes before asking for more revenue.

Here are two ways to report the latest news regarding potential Duke Energy rate hike connected to streetcar construction:

• From The Enquirer:  “Duke customers could face streetcar tab”

• From The Business Courier: “Cincinnati, Duke making progress on moving utility lines”

A 15-year-old girl was killed in Over-the-Rhine around 11 p.m. last night. She was reportedly standing with a group of people, though Police haven’t released any details about the shooter.

A new poll shows support for President Obama’s shift on immigration policy.

More Asians are immigrating to the U.S. than Hispanics these days.

Adult humans are 16.5 million tons overweight, which researchers say will threaten the world’s food security and environmental resources.

Approximately half of all new AIDS cases are occurring in the South, and the region is severely short on HIV specialists.

Attorneys for the Penn State football coach who showered with a bunch of boys are starting their defense by painting him in a positive light.

Spotify will stop charging $10 per month for use on mobile devices. Free now.

Facebook acquires Face.com. Ha.

Former baseball player Roger Clemens was acquitted of perjury charges, the latest in a bunch of wasted time by the federal government investigating athletes who can afford really good lawyers.

The Enquirer today broke out its Freedom of the Press Card, pressing the city to release details of the bids to build the streetcar's five vehicles. Enquirer Editor and Vice President Carolyn Washburn says the newspaper is being a good watchdog by investigating all the redacted parts of documents released by the city, which reportedly include typical streetcar parts, performance data and personal information of employees. A firm called CAF USA, which won the bid for more than $20 million, is trying to block the release of the data, along with two losing bidders who claim the information is trade secret.

Ohio Gov. John Kasich and Kentucky Gov. Steve Beshear are considering a private-public partnership that includes tolls to fund renovations to the Brent Spence Bridge.

President Obama enjoyed an enthusiastic welcome from Los Angeles LGBT supporters at an event in Beverly Hills. Republicans are saying Obama is being all glitzy in California so he's out of touch with Americans' struggles.

Russia would like Iran to be involved in forcing a political transition in Syria. U.S. Secretary of State Hillary Clinton says Syrian President Bashar Assad should quit and roll out.

The U.S. is losing patience with Pakistan, too.

George Zimmerman's bond hearing has been set for June 29. He returned to jail on Sunday after a judge revoked his bond for failing to disclose $135,000 in funds raised for his legal defense.

Thousands of homes in the Atlantic and Gulf coasts are at high risk for hurricane damage, and New York City has the highest risk of losses.

Do you use LinkedIn or eHarmony? Well, you shouldn't. Also, both sites were hacked and had user passwords breached.

A car called the Honda Fit EV has earned the highest ever miles-per-gallon equivalency rating from the U.S. Environmental Protection Agency — 118 mpg.

More than 80 lawsuits by former NFL players have been consolidated and filed in a Philadelphia federal court, accusing the league of hiding details that linked head trauma to permanent brain injuries. The NFL denies culpability.

The Reds are still in first place.

 

 

In his State of the City address last week, Mayor Mark Mallory called on Cincinnati to continue pushing for improvements. After years of stalling, projects like Washington Park’s renovation, the Horseshoe Casino and the streetcar are finally moving forward, and Mallory wants to make sure that work continues.

Politically and economically, it makes sense. Not only have voters approved of both the casino and the streetcar, but the projects will create jobs. Casino developers have already begun to fill what they promise will be 1,700 permanent jobs, and city estimates show the first segment of the streetcar will create 300 construction jobs and 25 permanent jobs.

But while voters and local politicians may approve, some state Republicans are doing their very best to tear the projects down. Gov. John Kasich, who dismantled Ohio’s passenger rail project, tried his hardest to continue his anti-transit rampage by railing against the streetcar in public speeches last year. He even ripped away more than $50 million in state funds from the project.

The casino has been a little luckier, but not by much. Kasich has claimed both neutrality and approval of casinos, but he has made building the Horseshoe Casino more difficult. Despite the fact Ohio has the highest casino tax in the nation, Kasich pushed for renegotiations for higher taxes and fees last year, ultimately delaying the casino’s opening from late 2012 to spring 2013.

For the governor, such actions probably make sense. Kasich has been an ardent supporter of tax cuts — sneaking them into every single budget even when Ohio had a reported $8 billion deficit. When he found massive education and health care cuts weren’t enough to close the gap he helped create, he moved onto casinos and transit projects.

Still, the projects move forward. Kasich and other state Republicans have not been successful in killing them off, largely thanks to local voters and local politicians pushing back.

Last year, voters rejected Issue 48, which tried to ban all investments in rail transportation for the next decade. Last week, Mallory announced CAF USA was already drawing up designs for the streetcar, and the first car could be finished as soon as 18 months from now.

Meanwhile, the casino’s construction is 35 to 40 percent complete, according to developers. This is despite an accident in January that resulted in the injury of 20 workers after a steel beam fell and caused a floor to partially collapse.

But what needs to be clear is that these developments are in spite of state Republicans like Kasich. When these job-creating projects are said and done, it’s important credit goes where credit is due — straight to local voters and local politicians.

Mayor Mark Mallory last night announced during his State of the City address that the city has chosen the model and vendor for the first batch of streetcars.

The mayor's office today released details about the vendor, along with renderings of the streetcars Cincinnatians can expect to see traversing the 4-mile loop that will cover 18 stops connecting The Banks, Government Square, Fountain Square, Broadway Commons, the Gateway Quarter and Music Hall.

According to the release, the vendor, CAF USA, has produced light rail vehicles for Pittsburgh, Sacramento and Houston and streetcar vehicles for the international cities such as Besançon and Nantes, France; Belgrade, Serbia; Antalya, Turkey; Stockholm, Sweden; Edinburgh, Scotland; and Spanish cities Zaragoza, Granada, Sevilla, Bilbao and Vitoria.

Officials in February broke ground the Cincinnati Streetcar system, and the city hopes to add additional phases connecting the Uptown area near the University of Cincinnati once funding is secured.

The following are renderings released by the city:

A review of the fine print in Ohio law could spell trouble for Duke Energy in its dispute with Cincinnati about who must pay to move utility lines to accommodate the city’s streetcar project.

Readers of CityBeat’s March 6 cover story know that one of the legal arguments made by Duke Energy is that it said the system qualifies as a utility itself under Ohio law. And one utility has no legal obligation to reimburse another utility, Duke added.

City officials disagree with Duke’s interpretation, and the two sides currently are trying to negotiate a compromise to the impasse.

The city is willing to pay $6 million to relocate Duke’s natural gas, chilled water, fiber and electrical infrastructure along the streetcar route, but the firm insists it will cost at least $18.7 million and possibly more.

A close reading of the Ohio Revised Code (ORC), however, reveals it is unlikely that a streetcar system qualifies as a “public utility.”

Under Ohio law, the following items are defined as public utilities:

“A motor transportation company, when engaged in the business of carrying and transporting persons or property or the business of providing or furnishing such transportation service, for hire, in or by motor-propelled vehicles of any kind, including trailers, for the public in general, over any public street, road, or highway in this state.” ORC §4905.03

But motor-propelled vehicles aren’t defined under Ohio law. The ORC does, however, define “motor vehicle” as:

“(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.” ORC §4501.01(B)

Streetcars operate using overhead trolley wires, thus they aren’t considered motor vehicles under Ohio law. But do they even qualify as vehicles? The ORC defines vehicles as:

“(A) “Vehicles” means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.” ORC §4501.01(A)

Of course, streetcars run on rails and use power from electric trolley wires. So, they aren’t vehicles either.

The conclusion: Either “motor-propelled vehicles” mean the same as “motor vehicles” (in which case it doesn’t apply to streetcars) or “motor-propelled” is an adjective to “vehicle” (which also doesn’t apply, as streetcars aren’t vehicles).

In each instance, a streetcar system doesn’t fall into the legal realm of a “motor transportation company” and therefore isn’t a “public utility.”

Groundbreaking ceremonies for Cincinnati's long-awaited streetcar project will occur next Friday, Feb. 17, in front of Memorial Hall on Elm Street in Over-the-Rhine.

Mayor Mark Mallory announced the ceremony this afternoon. It will launch the first phase of construction, which involves relocating water lines under city streets.

Opening of the streetcar line’s first phase, a 3.9-mile loop between The Banks riverfront district and Findlay Market in Over-the-Rhine, is scheduled for late 2013.

Read More

Duke Energy's approval and cooperation was considered to be essential in advancing the highly anticipated Cincinnati streetcar project, and Wednesday the company announced it isn't willing to cooperate.

In a letter to Mayor Mark Mallory dated Feb. 8, Ohio and Kentucky Duke Energy President Julie Janson stated that Duke changed its mind after a year and a half of negotiations and that it wouldn't cooperate with the city's requests that Duke move utility lines downtown to make way for the streetcar's tracks. According to Janson's letter, the lines must be moved a minimum of eight feet from the edge of the streetcar before any progress can be made in the plan's implementation. Duke estimates that the relocation and replacement of the infrastructure would cost somewhere around $18.7 million, but City Manager Milton Dohoney said that estimate hadn't been verified by anyone else.

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A series of contradictory tweets and blog comments posted by members of an anti-transit group has observers wondering of there is dissension in its ranks — or whether one member simply has anger management issues.

Ever since an initiative put on the Nov. 8 ballot by the Coalition Opposed to Additional Spending and Taxes (COAST) was rejected by voters, someone with the group has vowed on various local blogs that it still would try to block Cincinnati’s streetcar project.

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