Explanation
BACKGROUND: On February 13, 2006, the Columbus City Council approved ordinance No. 0276-2006, pursuant to Section 1710.02 (E) of the Ohio Revised Code, approving the creation of the Reauthorized Capital Crossroads Special Improvement District of Columbus, Inc., and approving the articles of incorporation for a non-profit corporation, Reauthorized Capital Crossroads Special Improvement District of Columbus, Inc., to govern the new district. The new district consists primarily of the existing Capital Crossroads Special Improvement District of Columbus, with the addition of some further properties (map attached). The existing district is governed by an existing non-profit corporation called Capital Crossroads Special Improvement District of Columbus, Inc. In order to make the transition from the old district to the new, expanded district more efficient and avoid duplication of efforts and expense this ordinance authorizes the existing corporation Capital Crossroads Special Improvement District of Columbus, Inc., pursuant to Ohio Revised Code Section 1710.02 (E) to amend its articles of incorporation to include the expanded boundaries. This process will allow the existing corporation to assume governance of the new, expanded district. In order to accomplish the above, this legislation will repeal Ordinance No. 0276-2006 and ask Council to accept the petitions and amended Articles of Incorporation of the existing Capital Crossroads Special Improvement District of Columbus, Inc. City Council is also being asked to approve the inclusion of City owned property as part of the Special Improvement District.
Emergency action is required to allow the Capital Crossroads Special Improvement District of Columbus, Inc. to continue the reauthorization of the Special Improvement District in a timely manner.
FISCAL IMPACT: No funding is required for this legislation.
Title
To repeal Ordinance No. 0276-2006; to approve the Petition and the amended Articles of Incorporation of the existing Capital Crossroads Special Improvement District of Columbus, Inc.; to approve the inclusion of the properties owned by the City of Columbus in said district; and to declare an emergency.
Body
WHEREAS, Chapter 1710 of the Ohio Revised Code, effective September 29, 1994 provides for the creation of Special Improvement Districts (SIDS), by non-profit corporations governed by trustees elected by the property owners for the provision of special services in a designated district; and
WHEREAS, Columbus City Council previously approved Ordinance No. 0276-2006, on February 13, 2006, approving the Petition and Articles of Incorporation of the Reauthorized Capital Crossroads Special Improvement District; and
WHEREAS, Council is being asked to repeal Ordinance No. 0276-2006 and approve the current legislation to allow the existing non-profit corporation to continue to be the governing body of the new expanded Capital Crossroads Special Improvement District; and
WHEREAS, the property owners located in the downtown area have initiated a petition to reauthorize the expanded SID and have filed the petitions with the Columbus City Council along with the Articles of Incorporation of the Capital Crossroads Special Improvement District of Columbus, Inc. an Ohio non-profit corporation, created pursuant to Chapter 1710,02 of the Revised Code; and
WHEREAS, Section 1719.02 (E) further excludes the property owned by the municipal corporation unless the municipal corporation specifically authorizes its property to be included in the district; and
WHEREAS, the Clerk of Columbus City Council finds that the property owners per the signed Petition (petition attached), if authorized by this Council represents 60% of the front footage of the property located in the SID, all as provided by Section 1710.02 of the Revised Code; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to repeal said ordinance and to approve the Petition and amended Articles of Incorporation for the Capitol Crossroads Special Improvement District of Columbus, Inc., all for the immediate preservation of the public health, property, safety and welfare; NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Ordinance No. 0276-2006, passed February 13, 2006 be and is hereby repealed.
Section 2. That the Petition for the creation of the Capitol Crossroads Special Improvement District of Columbus, Inc. and the amended Articles of Incorporation of Capitol Crossroads Special Improvement District of Columbus, Inc., now on file with the Clerk of the Columbus City Council, and incorporated herein as Attachment A, are hereby approved.
Section 3. That the properties of the City of Columbus abutting upon the streets described in the Petition are hereby authorized to be included in the district.
Section 4. That this legislation is conditioned upon the members of the existing corporation, Capital Crossroads Special Improvement District of Columbus, Inc., adopting the amended Articles of Incorporation pursuant to Ohio Revised Code Section 1702.38.
Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof this Ordinance is 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 passage if the Mayor neither approves nor vetoes the same.