Explanation
BACKGROUND: In 2005 the Northland Alliance, the Mores Road SID Exploratory Committee, and the City of Columbus Development Department initiated an effort with property owners on Morse Road from Indianola Avenue to Cleveland Avenue to create a Special Improvement District (SID). The creation of the Morse Road Special Improvement District will be completed by September, 2006 with the collection of assessments starting in January 2007 and ending in December 2016. As part of the negotiations the City agreed to enter into a cooperative share agreement with the Morse Road SID to define costs and responsibilities of each entity. Separate legislation will be required in 2007 to appropriate and authorize the expenditure of funds, if money is available, for this purpose.
This legislation authorizes the Director of Development and the Director of Public Service to enter into a tri-party Cooperative Share Agreement with the More Road SID for the provision of defining costs and responsibilities of the three entities.
Emergency legislation is requested to allow the City and the Morse Road SID to enter into the Cooperative Share Agreement in a timely manner.
FISCAL IMPACT: No funding is required for this legislation.
Title
To authorize the Director of Development and the Director of Public Service to enter into a tri-party Cooperative Share Agreement with the Morse Road Special Improvement District; and to declare an emergency.
Body
WHEREAS, the property owners located on Morse Road from Indianola Avenue to Cleveland Avenue have initiated a petition to create a Special Improvement District (SID); and
WHEREAS, over 60% of the property owners within the SID boundaries have signed the petition to create the SID; and
WHEREAS, the City and the Morse Road Special Improvement District have agreed to enter into a Cooperative Share Agreement to define costs and responsibilities associated with the SID; and
WHEREAS, as part of the Cooperative Share Agreement the City will agree to pay the Morse Road SID to take over their grass cutting responsibilities along Morse Road; and
WHEREAS, as part of the Cooperative Share Agreement the Morse Road SID has agreed to deduct the amount of assessment owed for City owned property along Morse Road from the total amount to be paid for grass cutting; and
WHEREAS, the City and the Morse Road SID have agreed to a total payment per year of $50,000 minus the total amount of assessments for City owned property, starting in 2007 and ending in 2016, should funds be available; and
WHEREAS, any expenditure required by the City pursuant to this Agreement and Ordinance No. 0414-2006 is subject to and expressly contingent upon the prior authorization and appropriation for such purposes by ordinance duly passed by the City Council and certification by the City Auditor that such monies are in the City treasury to the credit of the fund from which they are to be drawn and are not appropriated for any other purpose; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to enter into the Cooperative Share Agreement with the Morse Road SID all for the 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 the Department of Development and the Director of the Department of Public Service are hereby authorized to enter into a Cooperative Share Agreement with the Morse Road Special Improvement District for the provision of defining costs and responsibilities associated with the SID.
Section 2. That each year of the term of the agreement with the Morse Road SID, the City's obligation to pay is expressly contingent upon the passing of an ordinance appropriating and authorizing the expenditure of monies sufficient to make such payment and the certification of the City Auditor pursuant to Section 159 of the Columbus City Charter.
Section 3. 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 adoption and approval by the Mayor, or ten days after adoption if the Mayor neither approves nor vetoes the same.