Explanation
BACKGROUND: In 2005 the Northland Alliance, the Morse Road SID Exploratory Committee, and the City of Columbus Development Department initiated an effort with property owners on Morse Road from Indianola Avenue to Cleveland Avenue to create a Special Improvement District (SID). Columbus City Council approved the Petition and Articles of Incorporation with Ordinance 0414-2006 on February 27, 2006.
The SID has been so successful in its 10 year term that the property owners, using the single petition method, have successfully attained the signatures of owners representing at least 60% of the front feet contained in the District to reauthorize the SID. The Morse Road Special Improvement District, Inc.’s petition was approved March 14, 2016 by Ordinance 0611-2016 to reauthorize a ten year Morse Road SID and the Plan of Services was adopted on March 21, 2016 by Resolution 0043X-2016. On May 2, 2016 City Council adopted Resolution 0098X-2016 declaring the necessity to implement the Plan of Improvements and Services adopted by the Morse Road Special Improvement District of Columbus, Inc.
The Plan of Improvements and Services are on file with the Clerk of the Columbus City Council.
This legislation is to declare the necessity to implement the Plan of Improvements and Services adopted by the Morse Road 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.
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 Morse Road 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, the petition to create the Morse Road Special Improvement District of Columbus, Inc. was accepted by City Council by Ordinance 0611-2016, passed March 14, 2016; and
WHEREAS, the petition to approve the Plan of Services to be provided by the Morse Road Special Improvement District of Columbus, Inc. was accepted and approved by City Council by Resolution 0043X-2016, passed March 21, 2016; and
WHEREAS, this Council has adopted Resolution 0098X-2016 passed 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 Morse Road District Special Improvement District of Columbus, Inc.; and
WHEREAS, the Plan for Services calls for the provisions of these services to the Morse Road Special Improvement District of Columbus, Inc. to be funded by special assessment; 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 Morse Road 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 Morse Road Special Improvement District of Columbus, Inc. (SID) as set forth in said Plan heretofore approved by Resolution 0043X-2016, adopted on March 21, 2016 and as provided for in the Resolution of Necessity, 0098X-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, 0098X-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 have 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 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 installments provided in said Resolution 0098X-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, Morse Road 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 Morse Road 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.