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.”
The Over-the-Rhine Chamber of Commerce today announced the winners of its annual Star Awards, which recognize organizations and individuals whose outstanding accomplishments contribute to the revitalization of its five distinct neighborhoods: Washington Park, Mohawk, Central, Pendleton and Findlay Market.
This year’s award winners:
Chairman’s Award: Cincinnati Center City Development Corporation (3cdc.org)
Norma Petersen Award: Topic Design (www.topicdesign.com)
New Business of the Year: A Tavola (1220 Vine St.; here’s a link to a recent CityBeat review of the modern and stylish pizza place.)
Business of the Year: dojo gelato (Findlay Market, dojogelato.com)
Non Profit Organization of the Year: Crossroad Health Center (crossroadhc.org)
Individual Contribution: Leslie Cook, First Lutheran/OTR Learning Center (www.firstlutherancincy.org/learning_center.html)
Special Recognition: Captain Douglas Wiesman, Cincinnati Police
Recipients will be honored at the OTR Chamber’s annual meeting and luncheon March 20 at Music Hall.
Duke Energy announced Thursday night that it will help fund a campaign to raise private and government money to replace the outdated Brent Spence Bridge. It will cost about $2.3 billion to replace the span, which carries traffic from I-75 and I-71 over the Ohio River.
Cincinnati Police Chief James Craig said an audit to determine methods for improving the Police Department’s efficiency is continuing. Among the latest recommendations, the department will no longer seek accreditation from the Commission on Accreditation for Law Enforcement Agencies and that response of a recent shift to 10-hour workdays has been positive.
Three development groups have submitted proposals to Covington officials, each vying to be selected to reshape that city’s riverfront area. One of the proposals, drafted by Corporex Realty & Investment and Jeff Ruby Culinary Entertainment, involves refurbishing the Waterfront Restaurant and creating a floating boardwalk, marina and wharf.
A Cincinnati police officer assigned to the Drug Abuse and Resistance Education (DARE) program was suspended without pay this week after she was charged with tampering with records, securing writings by deception and forgery. Sandra Johnson, 38, allegedly said she taught DARE classes and got paid for them when she didn’t. DARE is among the programs being ended by Chief Craig; he has called it ineffective.
In news elsewhere, German President Christian Wulff resigned from his position today as head of state amid mounting criticism over a home loan scandal. Wulff has been plagued by allegations since mid-December over his connections to wealthy businessmen, initially over an advantageous home loan from a friend's wife. He then faced claims he tried to hush up the story, as well as reports of free vacations accepted from friends.
The Obama administration’s newly formed Consumer Financial Protection Bureau wants to begin monitoring and regulating debt collectors and credit bureaus for the first time. Richard Cordray, the agency’s director, said he wants to ensure people aren’t subjected to abusive practices.
An influential group of scientists issued a report this week pressing U.S. officials to tighten regulations of so-called “fracking” operations to reduce environmental and health risks. The independent review of fracking by professors at the University of Texas in Austin said that the development of shale gas was "essential to the energy security of the U.S. and the world,” but added the process needs more oversight.
The recent brouhaha over a new federal rule that requires insurance coverage of birth control for women reveals that the Roman Catholic Church has lost its influence in U.S. politics, some observers said. An AlterNet article noted that even though the U.S. Conference of Catholic Bishops remains opposed to a compromise rule pushed by President Obama, many other Catholic groups — including the Association of Jesuit Colleges and Universities and the Catholic Health Association — are ignoring the conference and accepting it.
Police in Fort Worth, Texas, have arrested 16 students in a major drug bust at Texas Christian University, a conservative evangelical institution. The drugs involved included marijuana, ecstasy pills, a powdered form of ecstasy commonly called “molly” and prescription drugs such as Xanax, hydrocodone and Oxycontin. Four football players were among those arrested.
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.