Explanation
1. BACKGROUND
The owners comprising at least 60% of the front footage of the Short North Special Improvement District (the “District”) signed a petition in support of a special assessment totaling $4,100,000.00 to be collected over 20 years to pay a portion of the costs of improving North High Street from the Greater Columbus Convention Center to 7th Avenue (the “Short North Streetscape Improvements”) and submitted said petition to this Council requesting such improvements.
The City completed the Short North Streetscape Improvements in three phases. The first phase improved North High Street between Convention Center Way and Goodale Boulevard (“Short North SID - High Street Improvements Phase 1), the second phase improved North High Street between 28’ south of West Poplar Avenue to 80’ north of West Starr Avenue (Short North SID - High Street Improvements Phase 2), and the third phase improved North High Street from 54’ north of West Starr Avenue to 57’ south of King Avenue/7th Avenue (the “Short North SID High Street Improvements Phase 3”).
The subject of this Ordinance is the special assessment levy for the Short North SID - High Street Improvements Phase 1 for which Council previously adopted Resolution No. 0091X-2017 on May 1, 2017 (the "Resolution of Necessity"), which declared the necessity of constructing the Short North SID - High Street Improvements Phase 1 and levying a special assessment on benefitting parcels within the Short North Special Improvement District; and subsequently adopted Ordinance No. 2791-2017 on October 30, 2017, therein determining to proceed with the improvements and the special assessment.
This Ordinance authorizes the levy of a special assessment upon the lots and lands of parcels within the Short North Special Improvements District that are specially benefited by the completion of the Short North SID - High Street Improvements Phase 1 project (the “Benefitted Parcels”), as contemplated in Resolution No. 0091X-2017, passed by Council on May 1, 2017 and Ordinance No. 2791-2017, passed by Council on October 30, 2017, pursuant to Section 55(b) of the Charter of the City of Columbus determining that such action is necessary.
All of the costs of the Short North SID - High Street Improvements Phase 1 project have been encumbered by City Council; the final assessment amount has been determined, 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.
2. FISCAL IMPACT
No funding is required for this ordinance.
3. EMERGENCY DESIGNATION
Emergency action is requested to facilitate the subsequent administrative actions required for the special assessments to be certified to the Franklin County Auditor before the second Tuesday in September for addition to the 2023 property tax bills and commencement of the 20-Year Special Assessment.
Title
To levy a special assessment upon the lots and lands of the parcels specially benefited by the Short North SID - High Street Improvements Phase 1 project that improved the streetscape along North High Street between Convention Center Way and Goodale Boulevard in the Short North Special Improvement District, as contemplated in Resolution No. 0091X-2017 and Ordinance No. 2791-2017; and to declare an emergency.
Body
WHEREAS, the owners comprising at least 60% of the front footage of the Short North Special Improvement District (the “District”) submitted a petition to this Council in support of a special assessment totaling $4,100,000.00 to be collected over 20 years to pay a portion of the costs of improving North High Street from the Greater Columbus Convention Center to 7th Avenue (the “Short North Streetscape Improvements”); and
WHEREAS, the City undertook the Short North Streetscape Improvements in three phases as part of the Short North SID - High Street Improvements Phase 1, Short North SID - High Street Improvements Phase 2, and Short North SID - High Street Improvements Phase 3 capital improvement projects; and
WHEREAS, this Ordinance is related to the Short North SID - High Street Improvements Phase 1 project that improved North High Street between Convention Center Way and Goodale Boulevard (the “Project”); and
WHEREAS, Council adopted Resolution No. 0091X-2017 on May 1, 2017 (the "Resolution of Necessity"), which declared the necessity of constructing the Project and levying a special assessment on benefited parcels within the Short North Special Improvement District; and
WHEREAS, this Council subsequently adopted Ordinance No. 2791-2017 on October 30, 2017, therein determining to proceed with the Project and the special assessments; and
WHEREAS, all of the costs of the Project have been encumbered by City Council; and the final assessment amount has been determined, 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; and
WHEREAS, some property owners may make full or partial payment prior to the Assessment Roll being presented for assessment, and this list will be adjusted to reflect these payments, errors, or omissions; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to levy the special assessment in order to facilitate the subsequent administrative actions required for the special assessments to be certified to the Franklin County Auditor before the second Tuesday in September for addition to the 2023 property tax bills and commencement of the 20-Year Special Assessment; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. 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 total cost of designing, constructing and inspecting the Short North Streetscape Improvements is as follows:
Short North SID - High Street Improvements Phase 1 $4,108,601.47
Short North SID - High Street Improvements Phase 2 $13,598,223.07
Short North SID - High Street Improvements Phase 3 $11,724,332.19
Total $29,431,153.74
SECTION 3. The Special Assessments for the lots and lands of the Benefitted Parcels which are specially benefitted by the completion of the Short North SID - High Street Improvements Phase 1 project (the “Project”) as part of the Short North Streetscape Improvements, shall be levied and assessed upon over 20 years, in annual amounts that shall be calculated as of each Determination Date based on the Apportionment Formula, which determines the proportional benefit to each Benefitted Parcel to be (a) one-half of the product of (b) the District Assessment, multiplied by (c) the Assessment Multiplier, through forty (40) consecutive semi-annual installments, as set forth in the Resolution of Necessity. Refer to Attachment (Assessment Roll).
SECTION 4. That the Director of the Department of Public Service is authorized to make adjustments to the Assessment Roll to reflect additional payments received or to correct errors or omissions.
SECTION 5. That the total assessment shall be payable at the office of the City Treasurer of Columbus, Franklin County, Ohio, within thirty days from the effective date of this Ordinance or, at the option of the owner, in forty semi-annual installments collected at the Office of the County Treasurer of Franklin County, Ohio, after the same have been certified to the County Auditor of Franklin County, Ohio for collection in the manner provided by law.
SECTION 6. That as provided in the Petition, the entire remaining amount of the special assessment may be prepaid at any time.
SECTION 7. 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 8. 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 passage if the Mayor neither approves nor vetoes the same.