Explanation
BACKGROUND: Chapter 1710 of the Ohio Revised Code, effective September 29, 1994 provides for the creation of Special Improvement Districts (SIDs), by non-profit corporations governed by trustees elected by the property owners for the provision of specified services in a designated district. In 2017 a petition to create the new East Main Street SID was approved by Council. The property owners then initiated a one-petition process in which the owners of at least 60% of the front footage of all real properties located within in the East Main Street area between Bexley and Whitehall, acknowledging that they were interested in the creation of a Special Improvement District and they approved of the Plan of Services with specified services to be provided by the East Main Street SID. This petition was accepted and approved by Columbus City Council by Ordinance 0765-2017, passed on March 27, 2017. Subsequently, two additional Resolutions were approved by the City Council: 0071X-2017, passed April 3, 2017 and 0147X-2017, passed on May 15, 2017. The final piece of legislation, providing for the levy of assessments on property owners, was approved by City Council by Ordinance No. 1608-2017, passed July 10, 2017 for a 5-year term from January 1, 2018 through December 31, 2022. Each assessment is to be returned to the SID for operational requirements as set forth in the District’s Plan of Services.
In 2022, a one petition process was initiated in which property owners representing at least 60% of the front footage within the District signed that they were interested in reauthorizing the SID and they approved of the Plan of Services delineating the services to be provided by the SID. The petition was accepted and approved by the Ordinance No. 1100-2022, passed April 18, 2022. Subsequently, two additional Resolutions were approved by the City Council: 0063X-2022 on May 2, 2022 and 0091X-2022 on June 6, 2022. The final action as required by the Chapter 1710 of the Ohio Revised Code to reauthorize the SID, Ordinance 2053-2022 was approved by the City Council on July 18, 2022 for a 5-year term from 2023 to 2027. Each assessment is to be returned to the SID for operational requirements as set forth in the Plan of Services.
This legislation appropriates and approves the expenditure of assessments collected in Fiscal Year 2023 that are to be returned to the SID. This legislation also allows the Director of Development to enter into a contract with the East Main Street Special Improvement District of Columbus, Inc. for disbursement of these funds in 2023.
Emergency designation is requested to prevent any interruption of service as these critical payments are only released from the auditor bi-annually for continued cleaning and safety services, and are the sole source of employee payroll for the districts they serve.
FISCAL IMPACT: Funds for this expenditure will be received from the levy of assessments collected from property owners in the East Main Street Special Improvement District. These funds are deposited into and expended from Agency Fund 3313.
Title
To authorize the Director of Development to enter into a contract with the East Main Street Special Improvement District for the implementation of services set forth in the District’s Plan of Services; to direct the City Auditor to appropriate and expend up to $65,500.00 from assessments levied from property owners; and to declare an emergency. ($65,500.00)
Body
WHEREAS, City Council approved the creation and implementation of the Plan of Services for the East Main Street Special Improvement District for a period of 5 years from January 1, 2023 through December 31, 2027; and
WHEREAS, City has also levied assessments in accordance with the Ohio Revised Code, Chapter 1710 for such purposes, which funds are in the process of collection and are required by law to be distributed to the District by the City; and
WHEREAS, the assessment funds collected by the County and forwarded to the City for disbursement will be available in March 2023 and September 2023; and
WHEREAS, this legislation needs to be an emergency because the East Main SID needs this money to operate its organization and to fund its initiatives in a timely manner; and
WHEREAS, there is an emergency in the usual daily operation of the City, requiring the distribution of such funds, to prevent any interruption of service as these critical payments are only released from the auditor bi-annually for continued cleaning and safety services, and are the sole source of employee payroll for the districts they serve and for the further preservation of the public health, peace, property, safety and welfare, NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Development is hereby authorized to enter into a contract with the East Main Street Special Improvement District, Inc. for implementation of services to fulfill operational requirements set forth in the District’s Plan of Services as previously approved by City Council pursuant to Resolution 0091X-2022, for an amount not to exceed $65,500.00.
SECTION 2. That for the purpose stated in Section 1, the expenditure of $65,500.00 or so much thereof as may be needed, is hereby authorized in Fund 3313 in care of East Main
Street SID under an assigned Object Class for Other Expenditures per the accounting codes.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. 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 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.