Bill 090128

..Title Continuing the East Passyunk Avenue Business Improvement District ("District") beyond its termination date, in an area that generally includes both sides of East Passyunk Avenue from the south side of Federal Street to the east side of South Broad Street, certain blocks of streets that intersect that portion of East Passyunk Avenue, both sides of South Broad Street from the south side of McKean Street to the north side of Snyder Avenue, and the west side of South Broad Street from the south side of Mifflin Street to the north side of McKean Street, and for which East Passyunk Avenue Business Improvement District, Inc. a Pennsylvania nonprofit corporation, is the Neighborhood Improvement District Management Association; approving a final plan for and report concerning 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 East Passyunk Avenue Business Improvement District, Inc., relating to the District; and authorizing East Passyunk Avenue Business Improvement District, Inc. to assess property owners within the District a special property assessment fee to be used in accordance with the approved final 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") (53 P.S. §18101 et. seq.) to continue, by ordinance, neighborhood improvement districts beyond the date of termination by reenacting the municipal enabling ordinance creating the original neighborhood improvement district, following a review of the neighborhood improvement district and the neighborhood improvement district management association programs and services provided within the district; and WHEREAS, The purpose of this ordinance is to continue the East Passyunk Avenue Business Improvement District ("District") beyond its termination date; and WHEREAS, All procedures required by the Act for continuing the District beyond its termination date have been followed; in particular, more than forty-five days have elapsed from the last public hearing required by the Act, and the Clerk of Council has not received objections filed by 51% or more of the affected property owners or property owners whose property valuation as assessed for taxable purposes amounts to 51% of the total property valuation within the proposed boundaries of the 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, the East Passyunk Avenue Business Improvement District ("District"), a neighborhood improvement district, is hereby continued beyond its termination date within the boundaries set forth in Exhibit "A" attached hereto. SECTION 2. East Passyunk Avenue Business Improvement District, Inc., a Pennsylvania nonprofit corporation, is hereby continued 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 "A" attached hereto. East Passyunk Avenue Business Improvement 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. SECTION 4. The Director of Commerce, on behalf of the City, is hereby authorized to enter into an agreement with East Passyunk Avenue Business Improvement 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 East Passyunk Avenue Business Improvement 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 ten (10) years from the date this Ordinance becomes law and may not be renewed unless the District is continued beyond that date in accordance with the sunset provisions of Section 5 of this Ordinance; and (d) East Passyunk Avenue Business Improvement 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 5. The District shall terminate ten (10) years from the date this Ordinance becomes law 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 East Passyunk Avenue Business Improvement District, Inc. within the District. ..End