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 Capital Crossroads Special Improvement District of Columbus (the Capital Crossroads SID) was created for a five year term. Due to the success of the Capital Crossroads SID, it was reauthorized in 2006, 2011, and 2016.
The property owners within the Capital Crossroads SID at this time wish to authorize an overlapping “Transit Services Plan” as a plan for improvements and services applicable only to non-residential and non-parking properties within the Capital Crossroads SID. A one petition process has been initiated in which the owners of at least 60% of the front footage within the portion of the Capital Crossroads SID covered by the Transit Services Plan signed that they are interested in having the Transit Services Plan adopted and they approve of the improvements and services to be provided by the Capital Crossroads SID under the Transit Services Plan.
This Council authorized the City to execute the Petition and Transit Services Plan and to include the real property owned by the City within the Capital Crossroads SID in the Transit Services Plan by Ordinance No. 0757-2017, passed March 27, 2017. The City approved the Transit Services Plan by Resolution No. 072X-2017, passed April 5, 2017.
This legislation is to declare the necessity of implementing the Transit Services Plan adopted by the Capital Crossroads SID and the necessity of levying special assessments for the services set forth in the Transit Services Plan pursuant to the Chapter 1710 of the Ohio Revised Code.
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 declare the necessity of implementing the Transit Services Plan adopted by the Capital Crossroads Special Improvement District of Columbus, Inc. and the necessity of levying special assessments to pay a portion of the costs of the services set forth in the Transit Services Plan upon the lots and lands benefiting under the Transit Services Plan, and to declare an emergency.
Body
WHEREAS, Chapter 1710 of the Ohio Revised Code provides for the creation of Special Improvement Districts (SIDs) and the adoption of plans for public improvements and public services within all or any portion of the area of a SID; and
WHEREAS, the City has created the Capital Crossroads Special Improvement District of Columbus and the Capital Crossroads Special Improvement District of Columbus, Inc. (collectively, the Capital Crossroads SID); and
WHEREAS, pursuant to Chapter 1710 of the Ohio Revised Code, the Capital Crossroads SID has submitted to the City a Petition to Adopt the Transit Services Plan (the Petition) and a Transit Services Plan; and
WHEREAS, the Transit Services Plan is a plan for public improvements and public services under Chapter 1710 of the Ohio Revised Code, including the provision of access to Central Ohio Transit Authority (COTA) transit services to employees working in buildings within the Capital Crossroads SID that are covered by the Transit Services Plan; and
WHEREAS, the Petition requested that the City approve the Transit Services Plan as a plan for public improvements and public services for the portion of the Capital Crossroads SID covered by the Transit Services Plan; and
WHEREAS, the Petition and the Transit Services Plan were accepted and approved by this Council by Resolution No. 072X-2017, passed April 5, 2017; and
WHEREAS, the Transit Services Plan calls for the provision of the services described in the Transit Services Plan to certain benefited property within the Capital Crossroads SID to be funded by special assessments levied on the benefitted property; and
WHEREAS, Chapter 1710 of the Ohio Revised Code authorizes the City, as the participating political subdivision of the Capital Crossroads SID, to levy special assessments to pay for the cost of the services described in the Transit Services Plan which are deemed to be a special benefit to certain parcels of real property within the Capital Crossroads SID; 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 Transit Services Plan of the Capital Crossroads SID for the economic development and continued improvement of the downtown area and for the immediate preservation of the public health, property, safety and welfare; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That it is declared necessary to implement the Transit Services Plan of the Capital Crossroads SID in the City of Columbus in the downtown area. The parcels of real property within the Capital Crossroads SID that are specially benefited by the services to be provided under the Transit Services Plan are set per the Transit Services Plan, as approved by this Council in Resolution No. 072X-2017, passed April 5, 2017.
SECTION 2. That the Transit Services Plan and estimate of cost of the services prepared by the Capital Crossroads SID providing for a total estimated cost of approximately $1,650,000 per year for each of the three years of the Transit Services Plan, are now on file in the office of the Clerk of Council, are approved, and the Transit Services Plan shall be performed as shown therein. The lots and land benefiting from the Transit Services Plan and to be assessed for the services set forth in the Transit Services Plan are shown in Exhibit A attached to this Resolution and incorporated by reference.
SECTION 3. That this Council finds and determines that the Transit Services Plan is conducive to the public health, convenience, and welfare of this City and inhabitants of the City, and that the lots and lands to be assessed as described in Exhibit A to this Resolution are specially benefited by the services set forth in the Transit Services Plan in amounts equal to or greater than the assessed amounts.
SECTION 4. That a portion of the cost of the services set forth in the Transit Services Plan shall be assessed under the Transit Services Plan per the Transit Services Plan, as approved by this Council in Resolution No. 072X-2017, passed April 5, 2017, 2017. This Council hereby determines said assessment for services to be per the Transit Services Plan for all such lots and lands as described in Exhibit A. The portion of the cost of the services to be paid by the City shall be as provided in the Transit Services Plan, as approved by this Council in Resolution No. 072X-2017, passed April 5, 2017.
SECTION 5. That the special assessments levied on the lots and lands to be assessed, as shown in Exhibit A to this Resolution, shall be apportioned among the assessed lots and lands in proportion to the benefits which may result from the Transit Services Plan, all as more fully described in the Transit Services Plan, as approved by this Council in Resolution No. 072X-217, passed April 5, 2017.
SECTION 6. That the Capital Crossroads SID is authorized and directed to prepare and file with Council in the office of the Clerk of Council an assessment report in accordance with the method of assessment provided for in this resolution. Such assessment report shall show the lots and lands assessed and the amount of assessment as to each. When the estimated assessments have been so filed, the Council Clerk shall cause notice of the adoption of this resolution and the filing of the estimated assessment to be served in a manner provided by law on the owner of all lots and lands to be assessed.
SECTION 7. That the assessment to be levied shall be paid in semi-annual installments and that the term of the assessment shall be for three years from January 1, 2018 through December 31, 2020; and further provided that the owner of any property assessed may, at his/her option, pay such assessment in cash within thirty (30) days after passage of the assessing ordinance.
SECTION 8. That the City does not intend to issue securities in anticipation of the levy or the collection of the special assessments.
SECTION 9. That the Clerk of Council is directed to certify a copy of this Resolution to the City Auditor.
SECTION 10. That the assessment to be levied and collected pursuant to this Resolution may be levied and collected in whole or in part prior to the performance of the Transit Services Plan.
SECION 11. That the Clerk of Council is hereby directed to post a copy of this Resolution as provided by law.
SECTION 12. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Resolution 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.