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.