Explanation
BACKGROUND: This Council is being asked to determine to proceed with the Plan for Services of the Discovery Special Improvement District of Columbus, Inc.; to provide for the levy of assessment in said district; and to declare an emergency.
In 2003 the Discovery District Development Corporation asked Capitol South Community Urban Redevelopment Corporation to initiate an effort to work with Discovery District property owners to create a Special Improvement District on the east side of downtown. Property owners were surveyed and overwhelmingly were in support of the proposal and created the Discovery Special Improvement District (Discovery SID) for an initial five year period. The Discovery SID has operated successfully since its inception and was reauthorized in 2010 and again in 2015. The current term will conclude in December 2020.
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 Services for services to be provided by the SID. This petition was accepted and approved by Columbus City Council by Ordinance No. 0808-2020, passed May 4, 2020. Another action required by the Ohio Revised Code is the approval of Resolution No. 0068X-2020, passed May 18, 2020.
A third resolution to declare the necessity to implement the Plan for Services adopted by the Discovery SID and the necessity to levy a special assessment for the services set forth in said Plans of Services upon the lots and lands benefiting under the Plans for Services was accepted and approved by City Council by Resolution No. 0101X-2020, passed June 29, 2020.
This legislation is the fourth and the final one of four actions required by Chapter 1710 of the Ohio Revised code to reauthorize.
Emergency action is required to enable the Discovery 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 determine to proceed with the Plan for Services of the Discovery Special Improvement District of Columbus, Inc.; to provide for the levy of assessment 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 (SID), by non-profit corporations governed by trustees elected by the property owners for the provision of special services in designated district. The Discovery Special Improvement District was created in 2003. The Discovery SID was reauthorized by the City Council in 2010 and 2015; and
The current term of the Discovery Special Improvement District of Columbus, Inc. concludes in December 2020; and
WHEREAS, the petition to reauthorize the Discovery SID and to approve the Articles of Incorporation of the Discovery Special Improvement of Columbus, Inc. was approved by the City Council by Ordinance No. 0808-2020, passed May 4, 2020.
WHEREAS, the petition to approve the Plan for Services set forth by the Discovery SID was accepted and approved by City Council by Resolution No. 0068X-2020, passed on May 18, 2020; and
WHEREAS, the City Council adopted Resolution No. 0101X-2020 on June 29, 2020 declaring the necessity of implementing the Plan for Services of the Discovery SID and the necessity to levy a special assessment for the services set forth in said Plan upon the lots and lands benefiting under the Plan; and
WHEREAS, the Plan for Services calls for the provision of these services to be provided by the Discovery Special Improvement District of Columbus, Inc. to be funded by special assessment; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to proceed in a timely manner with the Plan for Services of the Discovery SID for the economic development and continued improvement of the Discovery SID area, all for the immediate preservation of the public health, 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 for Services (Plan) of the Discovery Special Improvement District of Columbus, Inc. (Discovery SID) as set forth in said Plan heretofore approved by Resolution No. 0068X-2020 adopted on May 18, 2020 and as provided for in the Resolution of Necessity No. 0101X-2020, adopted on June 29, 2020.
Section 2. That services constituting the Plan for Services shall be made in accordance with the provision of Resolution of Necessity No. 0101X-2020 and in accordance with the Plan for Services and estimate of cost of the Plan of Services as approved and on file in the Office of Clerk of Council.
Section 3. That the Council does hereby find that no claim for damages resulting from said Plan for Services have been filed with the Clerk of Council.
SECTION 4. That the assessable portion of the cost of the Plan for Services shall be assessed against the benefiting properties, in the manner and in the amount 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 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 in the manner and number of installments provided in said Resolution No. 0101X-2020 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 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, Discovery Special Improvement District of Columbus, Inc., as soon as funds are available, may make and execute contract(s) for said Plan for Services in accordance with Discovery Special Improvement District of Columbus, Inc.’s 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 assessment.
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, it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
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 force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.