Explanation
BACKGROUND: This legislation is to request the Council to approve and to determine to proceed with the Service Plan of the Franklinton Special Improvement District of Columbus, Inc., and to provide for the levy of assessments in said district; and to declare an emergency.
Chapter 1710 of the Ohio Revised Code, effective September 29, 1994 provides for the creation of Special Improvement Districts, by non-profit corporations governed by trustees elected by the property owners for the provision of special services in a designated district. The City of Columbus currently has six Special Improvement Districts known as (SIDS): they are the Capital Crossroads SID, Discovery SID, Short North SID, Morse Road SID, University District SID and the East Main Street SID. We now have a petition to approve a new SID in the Franklinton area to be known as the Franklinton Special Improvement District (Franklinton SID) within the boundaries of the map, included in the Petition. The property owners have initiated a one petition process in which the owners of at least 60% of the front footage of all real property located within the district signed, acknowledging that they are interested in the creation of Special Improvement District and they approve of the services to be provided by the Franklinton SID.
This legislation is the fourth and final one of a series of actions required by Chapter 1710 of the Ohio Revised Code. City Council must approve and to determine to proceed with the Service Plan of the Franklinton SID and to provide for the levy of assessment in said district.
Emergency action is required to allow the Franklinton Special Improvement District of Columbus, Inc. to proceed in a timely manner.
FISCAL IMPACT: No funding is required for this legislation
Title
To determine to proceed with the Service Plan of the Franklinton Special Improvement District of Columbus, Inc., and to provide for the levy of assessments 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 District, by non-profit corporations governed by trustees elected by the property owners for the provision of special services in a designated district; and
WHEREAS, the petition to authorize the Franklinton Special Improvement District of Columbus, Inc. (Franklinton SID) was approved by City Ordinance No. 0810-2020, passed May 4, 2020; and
WHEREAS, the petition to approve the Service Plan with services to be provided by the Franklinton SID was accepted and approved by City Council by Resolution No. 0069X-2020, passed May 18, 2020.
WHEREAS, this Council has adopted Resolution No. 0103X-2020, passed June 29, 2020, declaring the necessity of implementing the Service Plan of the Franklinton SID.
WHEREAS, the Service Plan calls for the provisions of these services of Franklinton SID to be funded by special assessment; 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 Service Plan of the Franklinton SID for economic development and continued improvement of the Franklinton area and for the immediate preservation of the public health, property, safety and welfare; NOW THEREOF,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That it is hereby determined to proceed with the Service Plan of the Franklinton Special Improvement District of Columbus, Inc. (Franklinton SID) as set forth in said Service Plan heretofore approved by Resolution No. 0810-2020, passed on May 4, 2020 and as provided for in the Resolution No. 0069X-2020, passed on May 18, 2020.
Section 2. That the services constituting the Service Plan shall be made in accordance with the provision of the Resolution of Necessity, No. 0103X-2020, passed on June 29, 2020 and in accordance with the Service Plan and estimate of cost of the Service Plan previously approved and on file in the Office of the Clerk of Council.
Section 3. That the Council does hereby find that no claims for damages resulting from said Service Plan have been filed with the Clerk of Council.
Section 4. That the assessable portion of the cost of the Service Plan shall be assessed against the benefiting properties, in the manner and in the number of annual installations as provided in the Resolution of Necessity 0103X-2020.
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 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 installations provided in said Resolution No. 0103X-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. That the assessment against each lot or parcel of land shall be payable over five (5) 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, Franklinton SID, as soon as funds are available, may make and execute contract(s) for said Service Plan in accordance with Franklinton SID’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 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 for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance 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.