Explanation
BACKGROUND: The Special Improvement District (SID) was created in 2020 for a term of five years from 2021 through 2025. In 2020 the property owners sought and obtained authorization for a period of five years. The petition to authorize the SID and its Articles of Incorporation was approved by City Council by Ordinance No. 0812-2020, passed May 4, 2020. City Council also approved the Plan of Services to be provided by the 5th Avenue and 4th Street SID by Resolution No. 0070X-2020 passed May 18, 2020. The necessity to implement the Plan of Services and to levy a special assessment for the improvements and services was approved by City Council by Resolution No. 0104X-2020, passed June 29, 2020. A final piece of legislation, providing for the levy of assessment to property owners, was approved by City Council by Ordinance No. 2390-2020, passed October 26, 2020. A portion of each assessment is to be returned to the SID for operational requirements as set forth in the District Plan.
This legislation appropriates and approves the expenditure of that portion of assessments collected in FY 2021 that is to be returned to the SID. This legislation would also allow the Director of Development to enter into a contract with the 5th Avenue and 4th Street Special Improvement District, Inc. for disbursement of these funds in 2023.
Emergency designation is requested to prevent any interruption of service as these critical payments are only released from the auditor bi-annually for continued cleaning and safety services, and are the sole source of employee payroll for the districts they serve.
FISCAL IMPACT: Funds for this expenditure will be received from the levy of assessments collected from property owners in the 5th Avenue and 4th Street Special Improvement District. These funds are deposited into and expended from Agency Fund 3315.
Title
To authorize and direct the Director of the Department of Development to enter into a contract with the 5th Avenue and 4th Street Special Improvement District, Inc. for the implementation of services and improvements set forth in the Plan of Services; to authorize the City Auditor to appropriate and expend up to $400,000.00 from assessments levied from property owners; and to declare an emergency. ($400,000.00)
Body
WHEREAS, City Council approved the authorization and implementation of the Plan of Services for the 5th Avenue and 4th Street Special Improvement District for a period of 5 years from January 1, 2021 through December 31, 2025; and
WHEREAS, City Council has also levied assessments in accordance with the Ohio Revised Code, Chapter 1710 for such purposes, which funds are in the process of collection and are required by law to be distributed to the 5th Avenue and 4th Street SID by the City; and
WHEREAS, the assessment funds collected by the County and forwarded to the City for disbursement will be available in March 2023 and September 2023; and
WHEREAS, this legislation needs to be an emergency because the 5th Avenue and 4th Street SID needs this money to operate its organization and to fund its initiatives in a timely manner; and
WHEREAS, there is an emergency in the usual daily operation of the City, requiring the distribution of such funds, to prevent any interruption of service as these critical payments are only released from the auditor bi-annually for continued cleaning and safety services, and are the sole source of employee payroll for the districts they serve and for the further preservation of the public health, peace, property, safety and welfare,
NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Development is hereby authorized to enter into a contract with the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc. for the implementation of services for the operations requirements set forth in the Plan of Services previously approved by City Council pursuant to Resolution 0070X-2020, for an amount not to exceed $400,000.00.
SECTION 2. That for the purpose stated in Section 1, the expenditure of $400,000.00 or so much thereof as may be needed, is hereby authorized in Agency Fund 3315 in care of 5th Avenue and 4th Street SID under an assigned Object Class for Other Expenditures per the accounting codes.
SECTION 3. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby 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.