Explanation
BACKGROUND: The Ohio Revised Code Chapter 1710 has established provisions for the creation of a Special Improvement District. A special improvement district may be created within the boundaries of any one municipal corporation, any one township, or any combination of contiguous municipal corporations and townships for the purpose of developing and implementing plans for public improvements and public services that benefit the district. A district may be created by petition of the owners of the real property within the proposed district, or by an existing qualified nonprofit corporation.
On June 14, 2013 a petition was submitted to the Department of Development for the creation of the North Broadway Special Improvement District of Columbus, Inc., which included, the Articles of Incorporation and the Initial Plan for Public Improvements and Public Services, all of which are incorporated herein as "Attachment A," Subsequent to the June 14, 2013 submission, the petitioner submitted a letter from the Franklin County Auditor, on July 8, 2013 certifying that the signatures and the frontage included in the petition meet the necessary sixty (60) percent compliance required by the Ohio Revised Code.
Pursuant to Ohio Revised Code 1710.02 (D) and 1710.06 (F) each municipal corporation or township with which the petition (s) are filed has sixty days to approve or disapprove, by resolution, the petition to create, the Articles of Incorporation and the Initial Plan of Public Improvements and Public Services.
FISCAL IMPACT: No funding is required for this legislation.
Title
To disapprove the attached Petition for the creation of the North Broadway Special Improvement District, the Articles of Incorporation, and the Initial Plan of Improvements and Services, including the estimate of cost of the improvements and services to be provided by the North Broadway Special Improvement District of Columbus, Inc., now on file with the Clerk of Columbus City Council; and to declare an emergency.
Body
WHEREAS, the property owners located in the North Broadway area have initiated a petition to create the Special Improvement District (SID), and have filed the petition with the Columbus City Council along with the Articles of Incorporation for Special Improvement District, Inc. and the Initial Plan for Public improvements and Public Services; and
WHEREAS, pursuant to Ohio Revised Code 1710.02 (D) and 1710.06 (F) each municipal corporation or township with which the petition (s) are filed has sixty days to approve or disapprove, by resolution, the petition to create, the Articles of Incorporation and the Initial Plan of Public Improvements and Public Services; and
WHEREAS, the Department of Development has recommended disapproval of the petition, Articles of Incorporation and the Initial Plan for Public Improvements and Public Services; and
WHEREAS, this legislation is for the disapproval of the petition to create the North Broadway Special Improvement District of Columbus, Inc., the Articles of Incorporation and the Initial Plan for Public Improvements and Public Services; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to disapprove the Petition for the creation of the North Broadway Special Improvement District, the Articles of Incorporation, and the Initial Plan of Improvements and Services, for the North Broadway Special Improvement District of Columbus,, Inc., to be in compliance with Ohio Revised Code 1710.02 and 1710.06, all for the immediate preservation of the public health, property, safety and welfare; NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the attached Petition for the creation of the North Broadway Special Improvement District, the Articles of Incorporation, and the Initial Plan of Improvements and Services, including the estimate of cost of the improvements and services to be provided by the North Broadway Special Improvement District of Columbus, Inc., now on file with the Clerk of Columbus City Council, and all of which are incorporated herein as "Attachment A," are hereby disapproved.
Section 2. That the Clerk of Columbus City Council is hereby directed to post a copy of this Resolution in the Office of the Clerk of Columbus City Council as provided by the Ohio Revised Code, Chapter 1710.
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is hereby 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.