Resolution 070549

..Title Initiating action to reestablish a neighborhood improvement district in an area that generally includes both sides of Frankford Avenue from Torresdale Avenue to Bridge Street and certain side streets including portions of Kensington Avenue, Foulkrod Street, Gillingham Street, Griscom Street, Margaret Street, Meadow Street, Orthodox Street, Paul Street, Pratt Street, Darrah Street, and Unity Street, to be known as the Frankford Special Services District ("District"), and for which the Frankford Special Services District of Philadelphia, an Authority established pursuant to the Municipalities Authorities Act of 1945, would serve as the Neighborhood Improvement District Management Association; approving a preliminary plan for and report concerning the District; and authorizing and directing the Committee on Rules and the Clerk of Council to take all actions that are required by the Community and Economic Improvement Act prior to enactment of an ordinance that would formally establish the District. ..Body WHEREAS, Under the Municipality Authorities Act of 1945, P.L. 382, as amended, the City of Philadelphia, by ordinance, was authorized to organize an Authority known as "The Frankford Special Services District of Philadelphia" (Bill No.940683, approved May 27, 1995); and WHEREAS, Following the Authority's incorporation, and in accordance with the Municipality Authorities Act of 1945, a five-year plan, adopted by the Authority for business improvements and administrative services to the Frankford Avenue business district ("District"), was approved by Bill No. 960233 (Bill No. 88) on July 5, 1996; and WHEREAS, Bill No. 000541 (approved December 19, 2000) adopted an amendment to the Authority's Articles of Incorporation and extended the term of the Authority to December 31, 2005; and WHEREAS, Bill No. 010100 (approved April 18, 2001) approved a new plan for the District for certain business improvements and administrative services through 2005; and WHEREAS, The terms of both the Authority and the District expired on December 31, 2005; and WHEREAS, Bill No.060957 (approved April 12, 2007) authorized the City Solicitor to file a Municipal Statement of Revival with the Secretary of the Commonwealth in accordance with the Municipality Authorities Act of 1945 in order to retroactively revive and extend the term of the Authority to December 31, 2011; and WHEREAS, The Community and Economic Improvement Act ("Act") (53 P.S. §18101 et. seq.) requires that any business improvement district in existence prior to the effective date of the Act and which is terminated shall, upon its reestablishment, be governed by the provisions of the Act; and WHEREAS, Council is authorized by the Community and Economic Improvement Act ("Act") (53 P.S. §18101 et. seq.) 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, Before an ordinance establishing a neighborhood improvement district is enacted, the Act requires that a preliminary plan for the district be mailed to property owners within the district, and that a public hearing be held on the preliminary plan; and WHEREAS, Council desires to take appropriate action under the Community and Economic Improvement Act with respect to reestablishing the District for five years to December 31, 2012, in accordance with the procedures set forth in the Act for establishing neighborhood improvement districts; and WHEREAS, The purpose of this resolution is to initiate action to reestablish a neighborhood improvement district in the Frankford area, to be known as the "Frankford Special Services District," and to ensure that all actions required by the Act to reestablish the district are taken prior to enactment of an ordinance formally reestablishing the district; now therefore RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, THAT Council hereby initiates action to reestablish a neighborhood improvement district in an area that generally includes both sides of Frankford Avenue from Torresdale Avenue to Bridge Street and certain side streets including portions of Kensington Avenue, Foulkrod Street, Gillingham Street, Griscom Street, Margaret Street, Meadow Street, Orthodox Street, Paul Street, Pratt Street, Darrah Street, and Unity Street, to be known as the "Frankford Special Services District." Council hereby approves as the preliminary plan for the Frankford Special Services District, the preliminary plan attached as Exhibit "A," and Council adopts as the City's report concerning the Frankford Special Services District, the report included as part of that preliminary plan. RESOLVED FURTHER, THAT The Committee on Rules is hereby authorized and directed to take all actions required by the Community and Economic Improvement Act ("Act") prior to enactment of an ordinance formally reestablishing the Frankford Special Services District, including the holding of any and all public hearings required by the Act. The Clerk of Council shall arrange for all mailings and publication of all notices required by the Act, as directed by the Chair of the Committee on Rules. Exhibit A PRELIMINARY PLAN FOR THE FRANKFORD SPECIAL SERVICES DISTRICT ("DISTRICT") AND REPORT OF THE CITY OF PHILADELPHIA CONCERNING THE DISTRICT 1. The name of the proposed neighborhood improvement district shall be the Frankford Special Services District ("District"). A map indicating the District's boundaries is attached as Exhibit A-1, and an enlarged copy of the map shall be kept on file with the Chief Clerk to be made available for inspection by the public during regular office hours. 2. The service area of the proposed district shall include the approximate 480 taxable (for real estate purposes) commercial and industrial properties on both sides of Frankford Avenue from Torresdale Avenue to Bridge Street and certain side streets including portions of Kensington Avenue, Foulkrod Street, Gillingham Street, Griscom Street, Margaret Street, Meadow Street, Orthodox Street, Paul Street, Pratt Street, Darrah Street, and Unity Street. This area is referred to as the "whole district." While the service area does contain residential properties, properties that are zoned residential will not be assessed. Tax exempt properties located within the District will be encouraged to contribute cash or in-kind services. 3. A list of properties to be assessed is set forth in Exhibit A-2. 4. A list of proposed improvements with the District are as follows: a. The District sidewalk-cleaning program proposes to complement existing services currently provided by the Philadelphia Streets Department with a supplementary program of sidewalk cleaning. b. The Philadelphia Streets Department will continue to focus its efforts on cleaning the cartways from curb line to curb line and emptying public trash receptacles. The District will employ private subcontractors to assist property owners to keep their sidewalks free of litter and debris. Sweeping of the sidewalks throughout the District will be performed approximately four times per week by uniformed crews so that the commercial district will be clean and litter-free. The District will perform, not more than twice a year, power washing and removal of debris from the sidewalks within the District. c. The Police District, SEPTA Police, Main Street Program and the Frankford Special Services District will cooperate to improve safety by building upon the 15th District's commitment to community policing, by better improving communication between the two police departments and the community and working on strategies that will discourage and prevent crime. The Frankford Special Services District will work to seek additional funding that will enable the District to reinstate the Safety Ambassadors Program, new trash cans, flags, holiday decorations, and events to remain consistent with the Frankford Main Street Clean and Green Program. 5. The proposed budget for the first fiscal year, including, but not limited to, personnel and administration, programs and services, maintenance and operation, and capital expenditures is $78,000 and is attached as Exhibit A-3. 6. The proposed revenue sources for financing all proposed improvements, programs and services will be assessments on all real commercial and industrial property within the service area and public/private donations. Properties that are zoned residential and tax-exempt properties will not be assessed, but tax exempt properties will be encouraged to contribute cash or in-kind services. (see paragraph 2 above). 7. The estimated time for implementation and completion of all proposed improvements, programs and services is December 31, 2012. . 8. The administrative body which will govern and administer the District is the Frankford Special Services District of Philadelphia. 9. The by-laws of Frankford Special Services District of Philadelphia are attached as Exhibit A-4. 10. The method of determining the amount of the assessment fee to be levied on property owners within the District will be done by equitably apportioning costs among benefiting properties. The assessment fee will be calculated as 10% of the real estate taxes for all commercial and industrial properties within the proposed area. 11. The specific duties and responsibilities of the City of Philadelphia ("City") and The Frankford Special Services District of Philadelphia with respect to the District are as follows: a. The City will be responsible for the collection of all property assessments levied within the District, and will employ any legal methods to insure collection of such assessments, including the filing of liens. The City will also be responsible for maintaining the same level of municipal programs and services within the District before its designation as a neighborhood improvement district as after such designation. b. Frankford Special Services District of Philadelphia, shall fulfill all the duties and responsibilities of a Neighborhood Improvement District Management Association (NIDMA) as set forth in the Community and Economic Improvement Act (53 P.S. §18101 et seq.) Such duties and responsibilities include: administering programs, improvements and services within the District; preparing planning or feasibility studies or contracting for the preparation of such studies to determine needed capital improvements or administrative programs and services within the District; imposing special assessment fees and soliciting in-kind services or financial contributions from tax-exempt property owners within the District in lieu of such assessment fees; hiring additional off-duty police officers or private security officers to support existing municipal and volunteer efforts aimed at reducing crime and improving security in the District; designating an advisory committee for the District; submitting an audit of all income and expenditures to the Department of Community and Economic Development and to City Council within 120 days after the end of each fiscal year; and submitting a report, including financial and programmatic information and a summary of audit findings, to City Council and to all assessed property owners located in the District. 12. A written agreement shall be signed by the City and Frankford Special Services District of Philadelphia containing the following provisions: a. The respective duties of the City and Frankford Special Services District of Philadelphia with respect to the District, as set forth in paragraph 11 above; b. The City's agreement to 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, 2012, and may not be renewed unless the District is continued beyond that date pursuant to a reenactment of the ordinance establishing the District; and d. The City's agreement to be responsible for the collection of all property assessment fees levied within the District and to file any necessary liens for nonpayment of property assessment fees as set forth in the Act at 53 P.S. § 18107(A)(10). 13. The District shall allow for and encourage tax-exempt property owners located within the District to provide in-kind services or financial contributions to Frankford Special Services District of Philadelphia, if not assessed, in lieu of a property assessment fee. 14. The negative vote of at least 51% of the property owners within the District or property owners within the District whose property valuation as assessed for taxable purposes amounts to 51% of the total property valuation located within the District proposed in the final plan, shall be required to defeat the establishment of the proposed District by filing objections with the Clerk of Council within 45 days of presentation of the final plan.