Explanation
BACKGROUND: This legislation is to request the Council to approve and to determine to proceed with the Plan of Services for the 5th Avenue and 4th Street Special Improvement District, and to provide for the levy of assessments in said district; and to declare an emergency.
A petition, on file with the Office of the Clerk of Council, seeks to reauthorize the 5th Avenue and 4th Street SID for three years.
This legislation is the fourth and final of a series of actions required by Chapter 1710 of the Ohio Revised Code.
Emergency action is required to allow the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc. to proceed in a timely manner and to meet statutory deadlines for the imposition of assessments by the County Auditor.
FISCAL IMPACT: No funding is required for this legislation
Title
To proceed with the Plan of Service for the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc.; to provide for the levy of assessments in said district; to adopt the report and recommendations of the Board of Revision; and to declare an emergency. ($0.00)
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;
WHEREAS, the petition to authorize the 5th Avenue and 4th Street Special Improvement District of Columbus, Inc. (5th Avenue and 4th Street SID) was approved by City Ordinance No. 1030-2025-, passed April 21, 2025;
WHEREAS, the petition to approve the Service Plan with services to be provided by the 5th Avenue and 4th Street SID was accepted and approved by City Council by Ordinance No. 1034-2025, passed April 21, 2025;
WHEREAS, this Council has adopted Ordinance No. 1378-2025, passed June 2, 2025, declaring the necessity of implementing the Service Plan of the 5th Avenue and 4th Street SID.
WHEREAS, the Service Plan calls for the provisions of these services of 5th Avenue and 4th Street SID to be funded by special assessment; and
WHEREAS, objections to the levying of assessments were received and heard by the duly authorized and appointed Board of Revision, per Ordinance No. 1537-2025; and
WHEREAS, said Board of Revisions has issued its report and recommendations to this City Council, a copy of which is attached to this ordinance and incorporated herein by reference; and
WHEREAS, the City Council wishes to adopt the report and recommendations of the Board of Revision; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to proceed with the plan of service of the 5th Avenue and 4th Street SID to meet statutory deadlines for the imposition of assessments by the County Auditor, and for economic development and continued improvement of the 5th Avenue and 4th Street area and for the immediate preservation of the public health, property, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That it is hereby determined to proceed with the plan of service for the 5th Avenue and 4th Street Special Improvement District.
Section 2. That the services constituting the Service Plan shall be made in accordance with the provision of the Resolution of Necessity, Ordinance No. 1378-2025, passed on June 2, 2025 and in accordance with the plan of service previously approved and on file in the Office of the Clerk of Council.
Section 3. That the Council does hereby find that no claims for damages resulting from said plan of service have been filed with the Clerk of Council.
Section 4. That the assessable portion of the cost of the Service Plan shall be assessed against the benefiting properties, in the manner and in the number of annual installations as provided in the Resolution of Necessity, Ordinance No. 1378-2025, and as recommended by the Board of Revision duly authorized and appointed pursuant to Ordinance No. 1537-2025, a copy of whose report and recommendations is adopted and incorporated herein by reference.
Section 5. That the estimated assessment heretofore prepared and filed in the office of the Clerk of this Council in accordance with the Resolution of Necessity are hereby adopted and confirmed.
Section 6. That the portion of the cost provided in the above-mentioned Resolution of Necessity to be assessed are hereby levied and assessed in the manner and number of installations provided in said Resolution of Necessity, Ordinance No. 1378-2025, and as recommended by the Board of Revision duly authorized and appointed pursuant to Ordinance No. 1537-2025, a copy of whose report and recommendations is adopted and incorporated herein by reference, and on the lots and lands described therein, which assessments are in proportion to the special benefits and are not in excess of any statutory limitations.
Section 7. That the assessment against each lot or parcel of land shall be payable over three (3) years in semi-annual installments. All assessments shall be collected in the amounts outlined in Exhibit A and as follows:
In two semi-annual collections by the County Treasurer. The City Auditor shall certify the herein-referenced unpaid special assessment to the County Auditor as provided by Law.
Section 8. That pursuant to the provisions of Section 1710.11 of the Ohio Revised Code, 5th Avenue and 4th Street SID, as soon as funds are available, may make and execute contract(s) for said plan of service in accordance with 5th Avenue and 4th Street SID’s rules for competitive bidding, and such improvements and services shall be financed as provided in the aforesaid Resolution of Necessity.
Section 9. That the Clerk of Council shall cause a notice of passage of this ordinance to be published once in a newspaper of general circulation in the City of Columbus and to continue on file in the office of the Clerk of Council said assessments.
Section 10. That the Clerk of Council is hereby directed to deliver a certified copy of this ordinance to the Auditor of Franklin County, Ohio within fifteen (15) days after its passage.
Section 11. 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 full force from and immediately upon its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.