Explanation
Background: Council previously adopted Resolution 0132X-2008 (the "Resolution of Necessity") on July 14, 2008, which declared the necessity of acquiring, constructing, installing, equipping, and improving off-street parking facilities at the southeast corner of the intersection of Fourth and Elm Streets, and acquiring interests in the site thereof, together with all necessary and proper appurtenances, all as shown on the Plans and Specifications on file in the office of the Clerk of Council.
The Resolution of Necessity imposed Special Assessments on the Assessed Parcels in proportion to the special benefits conferred upon such Assessed Parcels from the Project in order to pay for a portion of the cost and expense of the Project. Certain Owners filed objections to their estimated Special Assessments, and a Board of Revision (the "Board of Revision") appointed by Resolution 0170X-2008 and acting in the pursuance of the Resolution of Necessity, met on October 7, 2008 and recommended approval of the estimated Special Assessments with an amendment, as set forth in the Board of Revision findings submitted to Council and on file with the City Clerk.
This Ordinance authorizes the levy of the special assessment upon the lots and lands of the Special Benefit District ("Assessed Parcels") benefited by the construction of a parking garage (the "Project") at the southeast corner of the intersection of Fourth and Elm Streets in Downtown Columbus, as contemplated in Resolution No. 0132X-2008 and Ordinance No. 1632-2008 pursuant to Section 55(b) of the Charter of the City of Columbus determining that such action is necessary.
All costs of the parking garage have now been assembled, the final assessment report prepared, and the assessing Ordinance should now be passed pursuant to Section 178 of the Charter of the City of Columbus.
Emergency Justification: Emergency action is requested in order that the assessment process may be completed in time for the County Auditor to place the assessments on the specially benefited lots and lands and prior to the bond notes becoming due.
Title
To levy a special assessment upon the lots and lands of the Special Benefit District specially benefited by the construction of a parking garage at the southeast corner of the intersection of Fourth and Elm Streets, as contemplated in Resolution No. 0132X-2008 and Ordinance No. 1632-2008; and to declare an emergency.
Body
WHEREAS, the owners of the properties anticipated to pay in aggregate more than 75% of the total special assessments to be assessed to pay a portion of the costs of the Fourth and Elm Street parking garage submitted a petition to this Council requesting such improvement; and
WHEREAS, following the petition this Council passed Resolution No. 0132X-2008, on July 14, 2008, (the "Resolution of Necessity"), which declared the necessity of acquiring, constructing, installing, equipping and improving off-street parking facilities at the southeast corner of the intersection of Fourth and Elm Streets, and to acquire interests in the site thereof, together will all necessary and proper appurtenances within the City; all as shown on the Plans and Specifications on file in the office of the Clerk of Council (the "Project"); and
WHEREAS, this Council subsequently passed Ordinance No. 1632-2008 following a Board of Revision decision, appointed by Resolution No. 0179X-2008, therein determining to proceed with the Project and the special assessments as amended by the recommendation of the Board of Revision; and
WHEREAS, the parking garage is now completed and the final costs have now been assembled, the final assessment report prepared, and now the assessing ordinance should be passed pursuant to Section 178 of the Charter of the City of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to authorize that the assessment process may be completed in time for the County Auditor to place the assessments on the benefited lots and lands and prior to the bond notes becoming due; 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 capitalized terms not otherwise defined herein shall have the meaning assigned to each term in the Petition filed with the Clerk of Council.
SECTION 2. That the actual total cost of acquiring, constructing, installing, and equipping the Project is $14,179,469.00 ($3,006,665.00 of which was for acquisition).
SECTION 3. That the lots and lands ("Special Benefit District") which are specially benefited by the Project shall be levied and assessed upon over 30 years in an amount equaling $348,658.72 annually, through sixty (60) consecutive semi-annual installments, as set forth in the Resolution of Necessity in proportion to the special benefits conferred upon the specially benefited lots and lands and as modified by the Board of Revision.
Refer to Attachment (Assessment Roll).
SECTION 4. That said special assessment, and all portions thereof, when collected, shall be paid into the Sinking Fund and shall be applied to the payment of the bonds issued for the Project and the interest thereon, as the same shall become due and to no other purpose whatsoever.
SECTION 5. That the Clerk of Council shall deliver a certified copy of this Ordinance to the County Auditor within fifteen (15) days after its passage.
SECTION 6. 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 its passage if the Mayor neither approves nor vetoes the same. That this ordinance shall take effect from and after the earliest period allowed by law.