Explanation
BACKGROUND: This legislation is to request the Council to approve the Petition and the Amended and Restated Articles of Incorporation of the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc., an Ohio not-for-profit corporation.
Chapter 1710 of the Ohio Revised Code, effective September 29, 1994 provides for the creation of Special Improvement Districts, by non-profit corporations governed by trustees elected by the property owners for the provision of special services in a designated district.
The 5th Avenue and 4th Street Special Improvement District (5th/4th SID) was authorized in 2020 for a five-year period ending in 2025.
The property owners have initiated a one petition process in which the owners of at least 60% of the front footage of all real property located within the District signed, acknowledging that they are interested in the reauthorization of the 5th/4th Special Improvement District and they approve of the Plan for Improvements and Services to be provided by the 5th/4th SID.
The petition and Amended and Restated Articles of Incorporation are on file with the Clerk of the Columbus City Council.
It is the intention of the Department of Development to enter into an agreement with the 5th/4th SID to make a payment in lieu of taxes for eligible city-owned parcels in the 5th/4th SID.
Emergency action is required to allow the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc. to continue to establish a Special Improvement District in a timely manner.
FISCAL IMPACT: No funding is required for this legislation
Title
To approve the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc. Petition and Amended and Restated Articles of Incorporation; and to declare an emergency.
Body
WHEREAS, Chapter 1710 of the Revised Code, effective September 29, 1994 provides for the creation of Special Improvement District, by non-profit corporations governed by trustees elected by the property owners for the provision of special services in a designated district; and
WHEREAS, the property owners located in the 5th/4th SID area have initiated a petition to reauthorize the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc., and have filed the petition with the Columbus City Council along with the Amended and Restated Articles of Incorporation of the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc., an Ohio non-profit corporation, created pursuant to Chapter 1710.02 of the Revised Code; and
WHEREAS, the Clerk of Columbus City Council finds that the property owners per the signed Petition, if authorized by the Council, represents 60% of front footage all real property located within the District, all as provided by Section 1710.02 of the Revised Code; and
WHEREAS, Section 1710.02 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, it has been determined by the Columbus City Council that the Special Improvement District is a valuable tool for continuing further economic development and a means of continuing to revitalize the 5th Avenue and 4th Street area; and,
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to approve the Petition, and the Amended and Restated Articles of Incorporation for the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc. at the earliest opportunity to ensure the SID re-authorization and special assessment process can be completed in keeping with the timelines established by the Ohio Revised Code and Columbus City Charter, all for the immediate preservation of the public health, safety, property, peace, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Petition for the creation of the 5th Avenue and 4th Street Special Improvement District, and the Amended and Restated Articles of Incorporation of the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc., now on file with the Clerk of the Columbus City Council, are hereby approved.
SECTION 2. 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 its passage if the Mayor neither approves nor vetoes the same.