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by Kevin Osborne 03.14.2012
 
 
streetcar

Duke's Streetcar Claim Might be Crumbling

Ohio law has exception for wire-powered vehicles

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.”

 
 
by Kevin Osborne 02.10.2012
Posted In: News, Streetcar, Public Transit, Development at 03:36 PM | Permalink | Comments (0)
 
 
ribbon cutting1

Streetcar Groundbreaking is Next Week

Transportation Secretary may attend event

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.

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by Kevin Osborne 01.12.2012
Posted In: News, Republicans, Congress, COAST, Streetcar at 04:09 PM | Permalink | Comments (0)
 
 
bortz

Schmidt Sparks Strange Bedfellows

An anti-tax group has made opposing Cincinnati’s planned streetcar project its primary cause in recent years, so it might be surprising to now find one of its leaders teaming up with a major streetcar advocate.

But that’s exactly what is happening later this month as Chris Finney, of the Coalition Opposed to Additional Spending and Taxes (COAST), co-hosts a political fundraiser with Chris Bortz, an ex-Cincinnati city councilman.

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by Kevin Osborne 12.30.2011
 
 
modern-streetcar1

COAST's Latest Apology?

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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by Kevin Osborne 12.14.2011
 
 
art22726widea

Streetcar Gets Grant for Riverfront

It will be headed to the riverfront, after all.

U.S. Transportation Ray LaHood will hold a conference call Thursday afternoon with media to announce that Cincinnati's planned streetcar system is getting a $10.92 million grant. The announcement is set for 12:15 p.m.

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by Danny Cross 11.16.2011
 
 
jesse-jackson

Morning News and Stuff

The Rev. Jesse Jackson addressed Occupy Cincinnati yesterday at Piatt Park. Later in the day 15 individuals were arrested for staying in the park past its 10 p.m. closing time, the first arrests in weeks, as protesters have challenged the legality of the park closing at all. Jackson was reportedly scheduled to return to the park at noon on Wednesday to again speak with Occupy Cincinnati.

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by Kevin Osborne 11.04.2011
 
 
approved

CityBeat's Cheat Sheet

During the past two weeks CityBeat has published its list of endorsements in the race for Cincinnati City Council,along with those on local and state issues.

Some readers have requested that the endorsements be put into a smaller format that will be simpler to print out and take along with them to their polling places on Tuesday.

So, here it is. Clip, save and enjoy.

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by Kevin Osborne 10.28.2011
Posted In: 2011 Election, COAST, Streetcar at 12:14 PM | Permalink | Comments (0)
 
 
screen shot 2011-10-28 at 1.16.54 pm

Group Files Complaint Against COAST

Cincinnatians for Progress alleges deliberate misinformation about streetcar ballot initiative

A group working to defeat Issue 48 filed a complaint today against a conservative group with the Ohio Elections Commission.

Cincinnatians for Progress, which is urging a "no" vote on Issue 48, filed the complaint against the Coalition Opposed to Additional Spending and Taxes (COAST). It alleges COAST knowingly and repeatedly has made false statements in its campaign in support of the ballot initiative.

The complaint cites 20 instances in the past two months in which COAST allegedly made false statements in violation of Ohio Revised Code Section 3517.22. Most involve allegations the city has taken funds away from fire services to fund the streetcar project.

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by Kevin Osborne 10.27.2011
Posted In: 2011 Election, Streetcar, Public Transit, NAACP, COAST at 04:20 PM | Permalink | Comments (1)
 
 
smitherman

Smitherman's Strange Assertions

Nat'l NAACP supports streetcar projects

Based on the latest comments on his Facebook page, it appears Christopher Smitherman either doesn't understand the wording of Issue 48 or is deliberately trying to mislead voters.

On Wednesday, Smitherman wrote on his Facebook page: “Remember Issue 48 DOES not STOP light rail but it does force City Council to ask the citizens (sic) permission before spending $144 million. City Council does not want to ask the people (for) permission.”

As several legal experts have agreed, Issue 48's net effect will be to stop the planning and construction of any type of passenger rail project within Cincinnati city limits until Dec. 31, 2020 — even if the project is privately financed.

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by Kevin Osborne 10.24.2011
 
 
simon leis

Sheriff Urges 'No' Vote on Issue 48

The person who often ranks in polls as the most popular politician in Hamilton County is breaking with his Republican colleagues and is appearing in a new radio commercial urging a “no” vote on Issue 48.

Hamilton County Sheriff Simon Leis Jr. asks residents to oppose the anti-streetcar initiative that was placed on the ballot by the NAACP's local chapter and the Coalition Opposed to Additional Spending and Taxes (COAST). The commercial will begin airing Wednesday during the morning drive time period on WLW (700 AM) and WKRC (550 AM), two stations with predominately conservative, Republican audiences.

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