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Ordinance establishing an East Carson Street Improvement District for the area shown on “Exhibit “A” at the behest of the East Carson Street Business District Advisory Committee, property owners and business owners to be benefited with specific improvements to be undertaken including, but not limited to, financing of said improvements, method of assessing specific properties to be benefited, establishing a Neighborhood Improvement District Management Association to conduct administrative procedures for the Neighborhood Improvement District, providing for the establishment of a separate account for deposit and withdrawal of project funds, and providing the cost thereof.
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WHEREAS, pursuant to an act of December 20, 2000, P.L. 949, as amended, known as the “Neighborhood Improvement District Act” (the “Act”) municipal corporations are authorized to establish within the municipality an area or areas designated as a Neighborhood Improvement District (NID); and,
WHEREAS, under the Act, municipal corporations, including cities of the second class, are authorized to designate an existing community development corporation or other nonprofit corporation to administer the NID as the neighborhood improvement district management association (NIDMA); and,
WHEREAS, under the Act, municipal corporations, including cities of the second class, are authorized to collect special property assessments on behalf of the NIDMA levied on designated property owners within the NID and to employ any legal methods to ensure collection of the assessments: and,
WHEREAS, City Council is empowered by the Act to designate a nonprofit corporation established by City Council or authorized to be established by City Council to administer the NID and,
WHEREAS, City Council is empowered by the Act to authorize an assessment within the NID based on the total cost of approved services and improvements; and,
WHEREAS, at the behest of the neighborhood interests detailed above, the city has been presented with a proposal for the establishment of an East Carson Street NID on terms as set forth herein.
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. District Established. As authorized by an Act of December 20, 2000, P.L. 949, as amended, known as the “Neighborhood Improvement District Act” (the “Act”), the East Carson Street Neighborhood Improvement District is hereby established as shown on the map attached as Exhibit “A” (referred to herein as the “East Carson Street Neighborhood Improvement Area”).
Except as otherwise provided, owners of commercial properties, other than those properties owned by nonprofit organizations, located within the East Carson Street Neighborhood Improvement Area shall be subject to the special assessments authorized by the Act.
Section 2. Services and Improvements. Special assessment Revenues shall be used solely for administrative services and improvements permitted by the Act and not essential government services provided by the Pittsburgh City Government. Specifically, the revenues will support the programs of Public Space Maintenance and Improvements; Branding and Image Development; Economic Vitality and Store Front Activation; Events and Marketing; and other services approved by the Board of the NIDMA.
Section 3. Levy of Special Assessment. There is hereby levied an assessment to pay the cost of the programs computed as follows:
A. Amount of Assessment - It is recognized that East Carson District Management, Inc., a yet to be created non-profit organization, will have administrative responsibility for the NID, serving as the Management Association (NIDMA) subject to Council’s oversight. The amount to be raised by the assessment is approximately $__Five Hundred Thousand Dollars ($500,000.00) per year based on linear frontage of each property established by the mapping of the Allegheny County Board of Property Assessment. The actual cost of services and improvements to be provided will be budgeted on an annual basis which budget shall be presented to Council by October of the preceding year. A general estimate of presently anticipated expenses for the following year and projections for the future appropriate spending will be presented at the time of the hearing on the Ordinance.
B. Method of Assessment - All benefitted properties will be assessed at based on each property’s linear feet of street frontage on the side of each property’s legal address. The fee rate is set by dividing the total linear street frontage of the District by the assessment cap, as set forth by the City of Pittsburgh legislation, to total $500,000 in year one. The fee rate may be adjusted, up or down each year, as necessary to achieve the assessment cap. For the purpose of this Ordinance, “benefited properties” shall mean all taxable commercial properties located in the geographic area contained in the NID and more fully described on the map attached as Exhibit “A.”
C. Payment of Assessment - The assessment shall be paid annually by the last day of February each year beginning in 2027 and continuing annually until the termination of the NID.
D. Collection of Assessment -East Carson Street District Management, Inc. shall be responsible for the collection of assessments. East Carson Street District Management, Inc shall mail all notices regarding collection of the assessment to property owners in a manner consistent with the City of Pittsburgh Department of Finance preparation of tax notifications. East Carson Street District Management, Inc shall establish a separate account, the East Carson Street District Management, Inc Assessment Fund, for deposit of all assessment collections. Upon the request of East Carson Street District Management, Inc, the City of Pittsburgh Department of Finance shall file liens as appropriate for delinquent assessments. The East Carson Street District Management, Inc shall provide the City Treasurer with periodic and annual reports on collections and delinquencies.
Section 4. Exemption for Residential and Not For Profit Properties. Any residential dwelling or not for profit owned properties identified shall be exempt from the special assessment created herein.
Section 5. Designation of the NIDMA. Council hereby designates the yet to be incorporated non-profit corporation known as or doing business as East Carson Street District Management, Inc. as the NIDMA for the East Carson Street NID.
Section 6. Administration of the District
A. Board of Directors - Council delegates the administration of the East Carson Street NID to the NID Committee of East Carson Street District Management, Inc. (the “NID Committee”) include but not limited to district property owners, business owners and other interested community members including an appointee of the City Council Member of the City of Pittsburgh from District 3 and, a representative of the Office of the Mayor of the City of Pittsburgh. The NID Committee of East Carson Street District Management, Inc. shall consist of individuals, each of whom, other than the Mayoral and Council appointees, shall be selected by the Board of East Carson Street District Management, Inc.
B. Powers - East Carson Street District Management, Inc. shall have the power to contract on behalf of the NID for the services described in Section 2 above.
C. Indemnity - Should any claim arise alleging that the Board acts or has acted as an agent of the city, the Board agrees to indemnify, defend and hold the City harmless from all claims, judgments and costs arising out of actions taken by the Board in furtherance of the services and improvements described herein.
Section 7. Budget and Board Vacancies. East Carson Street District Management, Inc. will present to Council annually a budget as well as a list of proposed Board members to fill vacant positions in October, before Council budget discussions.
Section 8. Sunset. The East Carson Street Improvement District (NID) shall terminate on the earlier of five years from the start date of the East Carson Street Improvement District (NID) on January 1, 2027 hereof, or a dissolution proposed by a majority of voting members of the Board. Nothing in this section precludes City Council from re-establishing an East Carson Street NID for a future term or terms with similar sunset provisions.