Title
Establishing a neighborhood improvement district, to be known as the South 9th Street Area Business District, in an area that generally includes properties located on portions of South 8th Street, South 9th Street, South 10th Street, Christian Street, Montrose Street, Carpenter Street, Washington Avenue, Ellsworth Street, East Passyunk Avenue, and certain other streets within the area depicted on the preliminary plan, and including curb market stands located along certain of those streets; designating South 9th Street Area Business District, Inc., a Pennsylvania nonprofit corporation, as the Neighborhood Improvement District Management Association for the District; approving a plan for the District, including a list of proposed improvements and their estimated cost, and providing for assessment fees to be levied on property owners within the District; authorizing the Director of Commerce, on behalf of the City, to execute an agreement with South 9th Street Area Business District, Inc. relating to the District; and authorizing South 9th Street Area Business District, Inc. to assess property owners within the District a special property assessment fee to be used in accordance with the approved plan; all in accordance with the provisions of the Community and Economic Improvement Act, and under certain terms and conditions.
Body
WHEREAS, Council is authorized by the Community and Economic Improvement Act, Act of December 21, 1998, P.L. 1307, No. 174, as amended (53 P.S. §18101 et. seq.) (“Act”), to establish, by ordinance, neighborhood improvement districts and to designate certain entities to administer programs and services within such districts in order "to promote and enhance more attractive and safer commercial, industrial, residential and mixed-use neighborhoods; economic growth; increased employment opportunities; and improved commercial, industrial, business districts and business climates;" and
WHEREAS, The purpose of this ordinance is to establish a neighborhood improvement district in the South 9th Street area, to be known as the South 9th Street Area Business District ("District"); and
WHEREAS, All procedures required by the Act for establishment of the District have been followed; in particular, more than forty-five (45) days have elapsed from the last public hearing required by the Act, and the Clerk of Council has not received objections filed by affected property owners representing the ownership of at least one-third (1/3) of the properties owned by affected property owners within the proposed District or from affected property owners, within the proposed District, the value of whose properties, as assessed for taxable purposes, amounts to at least one- third (1/3) of the total property valuation of property owned by affected property owners within the proposed District; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. In accordance with the provisions of the Community and Economic Improvement Act, Act of December 21, 1998, P.L. 1307, No. 174, as amended (53 P.S. §18101 et. seq.) (“Act”), a neighborhood improvement district is hereby established in the South 9th Street area, within the boundaries set forth in Exhibit "1-A" attached hereto. The district shall be known as the South 9th Street Area Business District ("District").
SECTION 2. South 9th Street Area Business District, Inc., a Pennsylvania nonprofit corporation, is hereby designated as the Neighborhood Improvement District Management Association for the District.
SECTION 3. Council hereby approves as the final plan for the District the plan set forth in Exhibit "1" attached hereto. South 9th Street Area Business District, Inc., is hereby authorized to assess property owners within the District a special property assessment fee, in accordance with the provisions of the final plan and the provisions of the Act. As defined in the Act, a property owner is “an owner of real property or the holder of a license to operate a curb market stand which property or stand is located in a neighborhood improvement district or a proposed neighborhood improvement district.”
SECTION 4. In the case of an unpaid assessment or portion of an assessment, South 9th Street Area Business District, Inc. is authorized to collect accrued interest on any unpaid assessment or portion thereof and to recover any costs incurred as a result of the filing of any lien, all in accordance with the final plan.
SECTION 5. The Director of Commerce, on behalf of the City, is hereby authorized to enter into an agreement with South 9th Street Area Business District, Inc., in a form approved by the City Solicitor, which agreement shall include the following provisions:
(a) A detailed description of the respective duties and responsibilities of the City and of South 9th Street Area Business District, Inc. with respect to the District, as set forth in the final plan approved under Section 3;
(b) A requirement that the City will maintain within the District the same level of municipal programs and services that were provided within the District before its establishment;
(c) A "sunset provision" under which the agreement will terminate on December 31, 2021 and may not be renewed unless the District is continued beyond that date in accordance with the sunset provisions of Section 6 of this Ordinance; and
(d) South 9th Street Area Business District, Inc.’s agreement to be responsible for the collection of all property assessment fees levied within the District and the City's agreement to file any necessary liens for nonpayment of property assessment fees as set forth in the Act at 53 P.S. §18107(a)(10).
SECTION 6. The District shall terminate on December 31, 2021, in accordance with the provisions of the final plan, approved under Section 3. The District may be continued beyond that date only if Council reenacts this ordinance, following a review of the District and the programs and services, provided by South 9th Street Area Business District, Inc. within the District.
SECTION 7. The Chief Clerk shall keep on file the documents referred to as Exhibit “1” and shall make them available for inspection by the public during regular office hours.
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