Explanation
BACKGROUND: This Council is being asked to determine to proceed with the Plan for Services and Improvements of the University District Special Improvement District of Columbus, Inc.; to provide for the levy of assessment in said district; and to declare an emergency.
The University District Special Improvement District was created in 2015 with 75 percent of the owners of all real property located within the district signed a petition acknowledging that they were interested in creation of the Special Improvement District and approved of the Plan for Public Services and Improvements. The petition was accepted and approved by Columbus City Council by Ordinance No. 0641-2015, passed on March 23, 2015.
The current term of the University District Special Improvement District (University District SID) 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 University District SID and they approve of the Plan for Public Services and Improvements (Plan for Services) for services to be provided by the SID. This petition was accepted and approved by Columbus City Council by Ordinance No.0800-2020, passed May 4, 2020. Another action required by the Ohio Revised Code is the approval of the Plan for Services. This legislation was approved by Columbus City Council by Resolution No. 0066X-2020, passed May 18, 2020.
A third legislation to declare the necessity to implement the Plan for Services adopted by the University District SID and the necessity to levy a special assessment for the services set forth in said Plan for Services upon the lots and lands benefiting under the Plan for Services was accepted and approved by City Council by Resolution No. 0102X-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 University District 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 and Improvements of the University District 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 University District Special Improvement District was created in 2015. The current term of the University District SID concludes in December 2020; and
WHEREAS, the petition to reauthorize the University District SID was approved by the City Council by Ordinance No. 0800-2020, passed on May 4, 2020.
WHEREAS, the petition to approve the Plan for Services set forth by the University District SID was accepted and approved by City Council by Resolution No. 0066X-2020, passed on May 18, 2020; and
WHEREAS, the City Council adopted Resolution No. 0102X-2020 on June 29, 2020 declaring the necessity of implementing the Plan for Services of the University District 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 University District 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 University District SID for the economic development and continued improvement of the University District 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 Public Services and Improvements (Plan for Services) of the University District Special Improvement District of Columbus, Inc. (University District SID) as set forth in said Plan heretofore approved by Resolution No.0066X-2020, adopted on May 18, 2020, and as provided for in the Resolution of Necessity N0. 0102X-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 0102X-2020, and in accordance with the Plan for Services and estimate of cost of the Plan for 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 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. 0102X-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 6. 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 7. That pursuant to the provisions of Section 1710.11 of the Ohio Revised Code, University District 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 University District 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 8. 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 9. 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 10. 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 11. 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.