Explanation
BACKGROUND: : In 1999 the Short North Special Improvement District of Columbus, Inc. (SID) was created by the property owners in a defined area of High Street in the Short North. The SID was created for a 12 year period and was very successful. The initial twelve-year SID period concluded in December, 2011 and was reauthorized for a 5 year term which will conclude in July of this year 2016. The property owners have initiated a one petition process in which at least 60% of the property owners within the District signed that they approve of the reauthorization of the SID and they approve of the plan for improvements and services to be provided by the SID, on file with the Clerk of the Columbus City Council. Columbus City Council approved the reauthorization of the SID with Ordinance 0612-2016 on March 14, 2016 and approved the Plan of Services on March 21, 2016 with Resolution 0044X-2016.
This legislation is the 3rd piece (of 4) of legislation in the SID reauthorization process by declaring the necessity to implement the Plan of Improvements and Services adopted by Short North Special Improvement District, Inc. and the necessity to levy a special assessment for the improvements and services set forth in the plan pursuant to Ohio Revised Code Chapter 1710.02 and 1710.06.
Emergency action is requested on this legislation to allow the special assessment process to proceed in a timely manner.
FISCAL IMPACT: No funding is required for this legislation.
Title
To declare the necessity to implement the Plan of Improvements and Services adopted by Short North Special Improvement District, Inc. and the necessity to levy a special assessment for the improvements and services set forth in said plan upon the lots and lands benefiting under the plan; and to declare an emergency.
Body
WHEREAS, the property owners located in the Short North area have initiated a petition to reauthorize the Short North Special Improvement District (SID) and to approve the plan for improvements and services and have filed the petitions with the Columbus City Council along with the Articles of Incorporation for Special Improvement District, Inc., a non-profit corporation to be responsible for the operation of the SID; and
WHEREAS, the petition to reauthorize the Short North Special Improvement District, Inc. was approved by this Council by Ordinance 0612-2016, passed March 14, 2016; and
WHEREAS, this Council by same ordinance authorized that the properties of the municipal corporation abutting upon the streets described in the petition are included in the district; and
WHEREAS, the property owners located in the district have included in their initial petition the approval of the Plan for Improvement and Services to be provided by the Short North Special Improvement District, Inc. pursuant to Ohio Revised Code Chapter 1710; and
WHEREAS, the petition to approve the Plan of Improvements and Services to be provided by Short North Special Improvement District, Inc. was accepted and approved by this Council by Resolution 0044X-2016 on March 21, 2016; and
WHEREAS, the Plan for Improvements and Services calls for provisions of these improvements and services to the Short North Special Improvement District to be funded in part by special assessment; and
WHEREAS, Sections 1710.02 and 1710.06 of the Ohio Revised Code authorize the participating political subdivision to levy a special assessment to pay for the cost of the improvements and services as set forth in said Plan in that the improvements and services included in the Plan are deemed to be a special benefit to the property owners within the District; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to declare the necessity to implement the Plan of Improvements and Services adopted by the Short North Special Improvement District, Inc. and the necessity to levy a special assessment for the services set forth in the plan to allow the special assessment process to proceed in a timely manner, all for the preservation of public health, peace, property safety and welfare; NOW, THEREFORE,
BE IT RESOVLED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. It is declared necessary to implement the Plan of Improvements and Services of the Short North Special Improvement District, Inc. (hereafter “SID”) in the City of Columbus. Boundaries are set per the Plan of Improvements and Services of the Short North Special Improvement District, Inc. as approved by this Council in Resolution 0044X-2016.
SECTION 2. The Plan and estimate of cost of the improvements and services prepared by the SID providing for a total estimated cost of approximately $400,000 per year for each of the five years of the Plan, are now on file in the office of the Clerk of Council as Exhibit A, respectively, to Resolution 0044X-2016, are approved, and the Plan shall be performed as shown therein. The lots and land benefiting from and to be assessed are for the services set forth in the Plan are shown in Exhibit A attached hereto and incorporated by reference.
SECTION 3. This Council finds and determines that 1) the Plan of Improvements and Services is conductive to the public health, convenience and welfare of this City and inhabitants thereof, and 2) the lots and lands to be assessed as described in Attachment A hereof are especially benefited by the services set forth in the Plan in amounts equal to or greater that the assessed amounts.
SECTION 4. A portion of the cost of the improvements and services set forth in the Plan shall be assessed as per the Plan for Improvements and Services of the Short North Special Improvement District, Inc. as approved by this Council in Resolution 0044X-2016. This Council hereby determines said assessment for such improvements and services to be per the Plan of Improvements and Services of the Short North Special Improvement District, Inc. for all such lots and lands as described in Exhibit A. The portion of the cost of the improvements and services to be paid by the City shall be provided in the Plan and as approved by Resolution 0044X-2016.
SECTION 5. That the Short North Special Improvement District, Inc. is authorized and directed to prepare and file with Council in the office of the Clerk of Council as assessment report in accordance with the method of assessment provided for in this resolution. Such assessment report shall show the lots and lands assessed and the amount of assessment as to each. When the estimated assessments have been so filed, the Council Clerk shall cause notice of the adoption of this resolution and the filing of the estimated assessment to be served in a manner provided by law on the owner of all lots and lands to be assessed.
SECTION 6. That the assessment to be levied shall be paid in semi-annual installations and that the term of the assessment shall be for five (5) years from January 1, 2017 through December 31, 2021; and further provided that the owner of any property assessed may, at his/her option, pay such assessment in cash within thirty (30) days after passage of the assessing ordinance.
SECTION 7. The Clerk of Council is directed to certify a copy of this resolution to the City Auditor.
SECTION 8. The assessment to be levied and collected pursuant to this resolution may be levied and collected in whole or in part prior to the performance of the Plan.
SECTION 9. That the Clerk of Council is hereby directed to post a copy of this Resolution as provided by law.
SECTION 10. 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.