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. 0767-2017, passed March 27, 2017. The City approved the Transit Services Plan by Resolution No. 0072X-2017, passed April 3, 2017. By resolution, the City has declared the necessity of levying special assessments to pay for a portion of the costs of the Transit Services Plan.
This legislation is an ordinance to proceed with the Transit Services Plan of the Capital Crossroads SID and levying special assessments on the parcels of real property within the Capital Crossroads SID specially benefited by the Transit Services Plan. It also approves the report of the Assessment Equalization Board, established pursuant to Ordinance No. 1605-2017, which recommended approval of the resolution reached by the SID and the objecting property owner.
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 Transit Services Plan of the Capital Crossroads Special Improvement District of Columbus, Inc. and to levy special assessments on parcels of real property benefitted by the services to be provided under the Transit Services Plan; to approve the report of the Assessment Equalization Board; 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. 0072X-2017, passed April 3, 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 on the benefitted property; and
WHEREAS, this Council has adopted Resolution No. 0146X-2017, passed May 15, 2017 (the “Resolution of Necessity”) declaring the necessity of implementing the Transit Services Plan and the necessity of levying special assessments to pay a portion of the services set forth in the Transit Services Plan; and
WHEREAS, Council hereby approves the report of the Assessment Equalization Board appointed by Ordinance No. 1605-2017 passed June 19th, 2017 and held on July 5, 2017; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus 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 ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That it is hereby determined that the City and the Capital Crossroads SID will proceed with the Transit Services Plan of the Capital Crossroads SID as set forth in the Transit Services Plan approved by Resolution No. 0072X-2017, passed April 3, 2017, and as provided for in the Resolution of Necessity.
SECTION 2. That the services described in the Transit Services Plan shall be made in accordance with the provisions of the Resolution of Necessity, the Transit Services Plan, and the estimate of cost of the Transit Services Plan previously approved and on file in the office of the Clerk of Council.
SECTION 3. That this Council does hereby find that no claims for damages resulting from said Transit Services Plan have been filed with the Clerk of Council.
SECTION 4. That the report of the Assessment Equalization Board appointed pursuant to Ordinance 1605-2017 is hereby approved.
SECTION 5. That the estimated assessment heretofore prepared and filed in the office of the Clerk of this Council are in accordance with the Resolution of Necessity and as equalized by the Assessment Equalization Board 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 the Resolution of Necessity 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 three years in semi-annual installments. All assessments shall be collected 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, Capital Crossroads SID, as soon as funds are available, may make and execute contract(s) for said Transit Services Plan in accordance with Capital Crossroads SID rules for competitive bidding, and such services shall be funded 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 declared to be an emergency measure and shall take effect and be in full 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.