A resolution declaring it necessary to implement the Plan of Services adopted by the Downtown Euclid Improvement District 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.
WHEREAS, the property owners have initiated a petition to authorize the Downtown Euclid Improvement District (SID) and to approve the plan for improvements and services and have filed the petitions with this Council along with the Articles of Incorporation for Special Improvement District, Inc. a non-profit corporation to be responsible for the operation of the SID; and
WHEREAS, the petition to authorize the Downtown Euclid Improvement District was approved by this Council by Resolution 127-2022, passed November 21, 2022; and
WHEREAS, this Council by the same resolution authorized that the properties of the municipal corporation within said boundaries as described in the petition are included in the district; and
WHEREAS, the property owners located in the district have included in their initial petition the approval of the Plan for Services to be provided by the Downtown Euclid Improvement District pursuant to the Ohio Revised Code Chapter 1710; and
WHEREAS, the petitionto approve the Plan of Services to be provided by the Downtown Euclid Improvement District was accepted and approved by this Council by Resolution 127-2022, passed November 21, 2022;and
WHEREAS, the Plan for Services calls for the provisions of these services to the Downtown Euclid Improvement District to be funded by special assessment; and
WHEREAS, Section 1710.02 and 1710.06of the Ohio Revised Code authorizes the partidpating subdivisionto levy a special assessment to pay for the cost of the services as set forth in said Plan in that the services included in the Plan are deemed to be a special benefit to the property-owners within the District.
NOW, THEREFORE, be it resolved by the Council of the City of Euclid, State of Ohio:
Section 1. It is declared necessary to implement the Plan of Services of the Downtown Euclid Improvement District (hereafter 11SlD") in the City of Euclid, Ohio. Boundaries are set per the Plan of Services of the Downtown Euclid Improvement District of as approved by this Council in Resolution 127-2022.
Section 2. The Plan and estimate of cost of the services prepared by the SID providing for a total estimated cost of approximately $170,000 per year for each of the five (5) years of the Plan, are now on file in the office of the Clerk of Council, respective to Resolution 127-2022, are approved, and the Plan shall be performed as shown therein. The lots and land benefiting from and to be assessed are for the services set forth in the Plan are shown in Parcel Assessment List attached hereto and incorporated by reference.
Section 3. This Council finds and determines that 1) the Plan of Services is conducive to the public health, convenience and welfare of this City and inhabitants thereof, and 2) the lots and lands to be assessed as described in Parcel Assessment List hereof are especially benefited by the services set forth in the Plan in amounts equal to or greater than the assessed amounts.
Section 4. A portion of the cost of the services set forth in the Plan shall be assessed as per the Plan of Services of the Downtown Euclid Improvement District as approved by this Council in Resolution 127-2022.This Council hereby determines said assessment for services to be per the Plan of Services of the Downtown Euclid Improvement District for all such lots and lands as described in Parcel Assessment List. The portion of the cost of the services to be paid by the City shall be provided in the Plan and as approved by Resolution 127-2022.
Section 5. That the Downtown Euclid Improvement District is authorized and directed to prepare and file with Council in the office of the Clerk of Council an assessment report in accordance with the method of assessment provided for in this resolution. Such assessment report shall show the lots and lands assessed and the amount of assessment as to each. When the estimated assessments have been so filed, the Council Clerk shall cause notice of the adoption of this resolution and the filing of the estimated assessment to be served in a manner provided by law on the owner of all lots and lands to be assessed.
Section 6. That the assessment to be levied shall be paid in semi-annual installations and that the term of the assessment shall be for five (5) years from January 1, 2023 through December 31, 2027; and further provided that the owner of any property assessed may, at his/her option, pay such assessment in cash within thirty (30) days after passage of the assessing ordinance.
Section 7: The Clerk of Council is directed to certify a copy of this Resolution to the City Finance Director and County Fiscal Officer.
Section 8: The assessment to be levied and collected pursuant to this Resolution may be levied and collected in whole or in part prior to the performance of the Plan.
Section 9: That it is found and determined that all formal actions of this Council concerning and relatingto the adoption of this resolution 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 121.22of the Ohio Revised Code.
Section 1O: That this resolution take immediate effect.
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