Explanation
BACKGROUND: This Council is being asked to approve and to declare the necessity to implement the Base Services Plan and the Transit Services Plan, adopted by the Capital Crossroads Special Improvement District of Columbus, Inc., and the necessity to levy special assessments for the respective services set forth in said Plans upon the lots and lands benefiting under the Plans, and to declare an emergency.
At the request of property owners in the core of Downtown, City Council authorized the creation of the Capital Crossroads Special Improvement District of Columbus, Inc. (Capital Crossroads SID) in 2001 to begin collecting assessments for services in the SID area. The Capital Crossroads SID has operated successfully since its inception and the property owners reauthorized the Capital Crossroads SID in 2006, 2011 and 2016 with City Council consent. City Council approved the addition of the Transit Services Plan for the Capital Crossroads SID at the request of property owners in 2017.
The property owners now request reauthorization of the Base Services Plan for an additional four-year period (2022-2025) and the Transit Services Plan for additional five-year period (2021-2025), both with slightly different boundaries.
A one-petition process has been initiated in which owners representing at least 60% of the property frontage within the District signed a petition approving the reauthorization of the SID and approving both the Base Services Plan and the Transit Services Plan (Plans for Services) with respective services to be provided by the SID. This petition was accepted and approved by Columbus City Council by Ordinance No. 0802-2020, passed May 4, 2020. Another action required by the Ohio Revised Code is the approval of the Base Services Plan and the Transit Services Plan and the inclusion of City-owned property in said Plans. This legislation was approved by Columbus City Council by Resolution No.0067X-2020, passed May 18, 2020.
This legislation is the third of four actions required by Chapter 1710 of the Ohio Revised code to reauthorize.
Emergency action is required to enable the Capital Crossroads Special Improvement District of Columbus, Inc. 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 to implement the Base Services Plan and the Transit Services Plan adopted by Capital Crossroads Special Improvement District of Columbus, Inc. and the necessity to levy a special assessment for the improvements and services set forth in said plan upon the lots and lands benefiting under the plan; 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 (SID), by non-profit corporations governed by trustees elected by the property owners for the provision of special services in designated district. The Capital Crossroads Special Improvement District was created in 2001 and was reauthorized in 2006, 2011 and 2016; and
WHEREAS, the property owners located in the Capital Crossroads Special Improvement Development area have initiated a petition to reauthorize the SID and have filed the petition with the Clerk of the Columbus City Council along with the Articles of Incorporation of the Capital Crossroads Special Improvement District of Columbus, Inc., an Ohio non-profit corporation, to be responsible for the operation of the SID; and
WHEREAS, the petition to approve and to accept the Articles of Incorporation of Capital Crossroads Special Improvement District was accepted by City Council by Ordinance No. 0802-2020, passed
May 4, 2020.
WHEREAS, the Columbus City Council by the same Ordinance authorized the properties of the municipal corporation abutting upon the streets described in the petition are included in the district; and
WHEREAS, the property owners located in the district have included in their initial petition the approval of the Plans for Services set forth by the Capital Crossroads Special Improvement District of Columbus, Inc. pursuant to the Ohio Revised Code Chapter 1710; and
WHEREAS, the petition to approve the Plans for Services to be performed by the Capital Crossroads Special Improvement District of Columbus, Inc. was accepted and approved City Council by Resolution No.0067X-2020, passed May 18, 2020; and
WHEREAS, the Plans for Services call for the provision of these services by the Capital Crossroads Special Improvement District of Columbus, Inc. to be funded by special assessments; and
WHEREAS, Section 1710.02 and 1710.06 of the Ohio Revised Code authorizes the participating subdivision to levy special assessments to pay for the costs of the services as set forth in said Plans for the economic development and continued improvement of the Capital Crossroads District Area; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, Economic Development Division, in that it is immediately necessary to implement the Plans for Services adopted by the Capital Crossroads Special Improvement District and the necessity to levy special assessments for the services set forth in the Plans for the economic development and continued improvement of the Capital Crossroads District area, all for the preservation of public health, peace, property safety and welfare; NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. It is declared necessary to implement the Base Services Plan and Transit Services Plan of the Capital Crossroads Special Improvement District of Columbus, Inc. (Capital Crossroads SID) in the City of Columbus. Boundaries are set per the Base Services Plan of the Capital Crossroads SID, approved by the Council of the City of Columbus in Resolution No. 0067X-2020.
Section 2. The Plans and estimates of costs of the services set forth be by the Capital Crossroads SID for a total of approximately $1,834,987.00 in 2022 increasing 3% each year for three years of the Base Services Plan and approximately $695,711.00 per year for each of the five years of the Transit Services Plan, are now on file in the Office of the Clerk of Council as Exhibit A to Resolution No. 0067X-2020, are approved, and the Plans shall be performed as shown therein. The lots and lands benefiting from and to be assessed are for the Services set forth in the Plans are shown in Exhibit A, on file with the City Clerk, and incorporated by reference.
Section 3. The Council of the City of Columbus finds and determines that 1) the Plans for Services are conducive to the public health, convenience and welfare of this City and inhabitants thereof, and 2) the lots and lands to be assessed as described in Attachment A, on file with the City Clerk, are especially benefited by the services set forth in the Plans in amount equal to or greater than the assessed amounts.
SECTION 4. A portion of the cost of the services set forth in the Plans shall be assessed as per the Plans of Services of the Capital Crossroads SID, as approved by the Council of the City of Columbus in Resolution No. 0067X-2020. The Council of the City of Columbus hereby determines that said assessments for services to be provided per the Plans for Services of the Capital Crossroads SID for all such lots and lands as described in Exhibit A, on file with the City Clerk, are necessary.
SECTION 5. That the Capital Crossroads SID is authorized and directed to prepare and file with City 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 assessments to be served in a manner provided by law to the owners of all lots and lands to be assessed.
SECTION 6. That the assessments to be levied shall be paid in semi-annual installments and that the term of assessments shall be for five (5) years from January 1, 2021 through December 31, 2025 for the Transit Services Plan and for four (4) years from January 1, 2022 through December 31, 2025 for the Base Services Plan; and further provided that owner of any property assessed may, at his or her option, pay such assessment in cash within thirty (30) days after passage of the assessing ordinance.
SECTION 7. The Clerk of Council is directed to certify a copy of this Resolution to the City Auditor.
SECTION 8. The assessment to be levied and collected pursuant to this Resolution may be levied and collected in whole or in part to the performance of the Plan.
SECTION 9. That the Clerk of Council is hereby directed to post a copy of this Resolution as provided by law.
SECTION 10. 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 in force from and after its adoption and approval by the Mayor or ten days after adoption if Mayor neither approves nor vetoes the same.