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File #: O-382-21    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 7/6/2021 In control: Finance Department
On agenda: 8/17/2021 Final action: 8/17/2021
Title: Levying special assessments for controlling the blight and disease of shade trees within public rights-of-way and planting, maintaining, trimming and removing shade trees in and along the streets of the City during the calendar year 2020; and declaring an emergency.
Attachments: 1. Audio: City Council August 17, 2021

Label

FIN LEVY 2020 TREE MAINT

Taxation and Treasury

R. Martinez (x1653)

Revised

 

Title

Levying special assessments for controlling the blight and disease of shade trees within public rights-of-way and planting, maintaining, trimming and removing shade trees in and along the streets of the City during the calendar year 2020; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

This is the Ordinance to levy the assessments for the cost and expense controlling the blight and disease of shade trees within public rights-of-way as well as planting, maintaining, the trimming and removing those trees for the year ended December 31, 2020.  The services described in Section 1 have been completed and the final cost of those services has been determined.

 

The fiscal impact of this ordinance is as follows:

-                     The amount of funds requested: none

-                     The expenditure budget line item: n/a

-                     New revenue generated (operational revenue, grants, if any): no

-                     Revenue budget line item (if any): 3050-14200-2423001STDSTD

-                     Are funds budgeted in the current fiscal year (yes/no)?: no, these expenses occurred in fiscal 2020

-                     Is this a capital project (yes/no)?  no

-                     If yes, is it new or existing (new/existing)?

-                     What section of the City’s Strategic Plan does this support:

o                     Excellence in Basic Services (yes/no) yes

o                     Quality Community Investment (Livable City, Development) (yes/no) yes

o                     Workplace Culture & Customer Service (yes/no) yes

o                     Environment (yes/no) yes

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1.  That the revised special assessments for the cost and expense of controlling the blight and disease of shade trees within public rights-of-way and planting, maintaining, trimming and removing shade trees in and along the streets of the City during the calendar year 2020, pursuant to Ordinance No. 611-19, passed December 10, 2019, amounting in the aggregate to ($3,904,045) Three Million, Nine Hundred Four Thousand, Forty-five Dollars, which were filed with the Clerk of Council on July 6, 2021 and are now on file in his office,  are  adopted and confirmed.  Those special assessments are levied and assessed upon the lots and lands bounding and abutting on each of the streets and public ways in the 2020 Toledo Forestry District created in Section 1 of Ordinance No. 611-19, pursuant to Section 727.011, Ohio Revised Code, in the respective amounts set forth in the schedule of revised assessments on file, which assessments are in proportion to the special benefits and are not in excess of any applicable limitation.

 

                     SECTION 2.  That the special assessment against each lot or parcel of land shall be payable in cash within 30 days after the passage of this Ordinance, or at the option of the owner in one annual installment (two semi-annual installments) with interest at the same effective fixed rate as borne by the notes to be issued in anticipation of the collection of the special assessments, taking into consideration any related interest rate exchange transactions.  All cash payments shall be made to the Commissioner of Taxation and Treasury of this City.  All special assessments remaining unpaid at the expiration of those 30 days shall be certified by the Clerk of Council to the County Auditor as provided by law to be placed on the tax duplicate and collected as taxes are collected.

 

                     SECTION 3.  That the Clerk of Council shall cause a notice of the passage of this Ordinance to be published once in a newspaper of general circulation in this City and shall keep on file in his office the revised assessments.

 

                     SECTION 4.  That the Clerk of Council shall deliver a certified copy of this ordinance to the County Auditor within 20 days after its passage.

 

                     SECTION 5.  That this Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken and that all deliberations of this Council and of any of its committees that resulted in those formal actions were held in meetings open to the public in compliance with the law.

 

                     SECTION 6.  That this Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and property of the City, and for the further reason that this Ordinance must be effective immediately to permit the City to timely certify unpaid special assessments to the County Auditor and to comply timely with agreements of the City entered into in connection with the issuance of the notes issued in anticipation of the special assessments; wherefore, this Ordinance shall be in full force and effect from and immediately after its passage, otherwise at the earliest time permitted by law.

 

                     Vote on emergency clause:  yeas 12, nays 0.

 

Passed:  August 17, 2021, as an emergency measure:  yeas 12, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               August 17, 2021

Wade Kapszukiewicz

                                                                                    Mayor