Explanation
BACKGROUND In 1999 the Capital South Community Urban Redevelopment Corporation, the Greater Columbus Chamber of Commerce and the Columbus Department of Trade and Development initiated an effort to work with downtown property owners to create a Special Improvement District (SID) in the core area of downtown. Property owners were surveyed and overwhelmingly were in support of creating a SID. In 2000 the SID was created for a five year term. Due to the success of the SID, it was reauthorized in 2006 and again in 2011. The current five year term concludes this summer of 2016. The property owners wish to authorize for another 5 year term. A one petition process has been initiated in which at least 60% of the property owners within the District signed that they are interested in reauthorizing the SID and they approve of the plan for improvements and services to be provided by the SID. This petition was accepted and approved by Columbus City Council by Ordinance 0610-2016, passed March 14, 2016. Another action required by the Ohio Revised Code is the approval of the Plan of Improvements and Services and the inclusion of City owned property in said plan. This legislation was approved by Columbus City Council by Resolution 0042X-2016, adopted March 21, 2016. On May 2, 2016 Resolution 0097X-2016 declared the necessity to implement the Plan of Improvements and Services adopted by the Capital Crossroads Special Improvement District of Columbus, Inc. and the necessity to levy a special assessment for the services set forth in the plan pursuant to the Ohio Revised Code Chapter 1710.02 and 1719.06.
This legislation is an ordinance to proceed with the Plan of Services of the Capital Crossroads Special Improvement District of Columbus, Inc., and to provide for the levy of assessments to property owners within the Special Improvement District.
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 determine to proceed with the Plan of Services of the Capital Crossroads Special Improvement District of Columbus, Inc. and to provide for the levy of assessments in said district; and to declare an emergency.
Body
WHEREAS, Chapter 1710 of the Revised Code, effective September 29, 1994 provides for the creation of Special Improvement Districts (SIDS), by non-profit corporations governed by trustees elected by the property owners for the provision of special services in a designated district; and
WHEREAS, this Council has approved the Capital Crossroads Special Improvement District of Columbus, Inc. Petition and Articles of Incorporation by Ordinance 0610-2016, passed March 14, 2016; and
WHEREAS, this Council has approved the Plan for Services to be provided by the Capital Crossroads Special Improvement District of Columbus, Inc. by Resolution 0042X-2016 adopted March 21, 2016; and
WHEREAS, this Council approved Resolution 0097X-2016 adopted May 2, 2016 declaring the necessity of implementing the Plan of Services and the necessity to levy a special assessment for the services set forth in the plan of the Capital Crossroads Special Improvement District of Columbus, Inc.; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to levy the assessments in order to proceed with the Plan of Services of the Capital Crossroads Special Improvement District of Columbus, Inc., all 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 Services of the Capital Crossroads Special Improvement District of Columbus, Inc. as set forth in said Plan heretofore approved by Resolution 0042X-2016, adopted on March 21, 2016 and as provided for in the Resolution of Necessity, 0097X-2016 adopted on May 2, 2016.
SECTION 2. That the services constituting the Plan shall be made in accordance with the provision of the Resolution of Necessity, 0097X-2016, and in accordance with the Plan of Services and estimate of cost of the Plan previously approved and on file in the office of the Clerk of Council.
SECTION 3. That the Council does hereby find that no claim for damages resulting from said Plan of Services has been filed with the Clerk of Council.
SECTION 4. That the assessable portion of the cost of the Plan of Services shall be assessed against the benefiting properties, in the manner and in the number of annual installments as provided in the Resolution of Necessity.
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 is 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 installments provided in said Resolution 0042X-2016 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. The assessment against each lot or parcel of land shall be payable over five (5) years in semi-annual installments. All assessments shall be collected 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, Capital Crossroads Special Improvement District of Columbus, Inc., as soon as funds are available, may make and execute contract(s) for said Plan of Services in accordance with Capital Crossroads Special Improvement District of Columbus, Inc. 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 the Clerk of Council is hereby directed to post a copy of this ordinance in the Office of the Clerk of Council.
SECTION 12. 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.