[Ord. No. 1482-21, 10/12/2021]
The Borough Council of the Borough of Gettysburg finds that
business property owners in the Steinwehr Avenue area of the Borough
of Gettysburg continue in their desire to strengthen and revitalize
the physical and economic foundations of that area for the benefit
of business and property owners to enable that area to prosper as
a destination for residents and tourists. Furthermore, the Commonwealth
of Pennsylvania has adopted enabling legislation, specifically the
Neighborhood Improvement District Act, Act No. 2000-130, 73 P.S. § 831
et seq. (hereinafter the "Act"), authorizing the establishment, administration
and continuation of neighborhood improvement districts to enable property
owners in neighborhoods to provide services to their neighborhoods
that supplement municipal services otherwise provided, and the Act
provides for the assessment of property owners within a neighborhood
improvement district to pay for those additional services. Furthermore,
the Borough Council of the Borough of Gettysburg believes that such
a district continues to be necessary and desirable to strengthen the
Steinwehr Avenue area and improve the probability of success of businesses
and the preservation of the amenities of life for residents and commercial
occupants within the Steinwehr Avenue, Heart of Gettysburg Battlefield
Neighborhood Improvement District. Therefore, the Borough Council
of the Borough of Gettysburg, after the completion of a preliminary
and final plan adoption process with the opportunity for public comment
relative to the preliminary plan and the opportunity for the registration
of objections by affected property owners relative to the final plan
and following its review, consideration and acceptance of a third-party
review of the said Neighborhood Improvement District, its management
association and administrator and the services and programs provided
within the said Neighborhood Improvement District, believes that the
Steinwehr Avenue, Heart of Gettysburg Battlefield Neighborhood Improvement
District should be continued beyond its automatic termination date
of December 31, 2021, as set forth in the sunset provision contained
in Gettysburg Borough Ordinance No. 1418-14, by the reauthorization
and reenactment of Gettysburg Borough Ordinance No. 1371-09, the enabling
ordinance which originally created and established the said Neighborhood
Improvement District.
[Ord. No. 1482-21, 10/12/2021]
As authorized by the Act, the Steinwehr Avenue, Heart of Gettysburg
Battlefield Neighborhood Improvement District, also known and referred
to as the "Steinwehr Avenue Business Improvement District" (hereinafter
the "Neighborhood Improvement District") was originally established
and shall be continued with boundaries as depicted on Exhibit "A"
which is attached hereto and is made a part hereof.[1] The Neighborhood Improvement District is centered upon
and around Steinwehr Avenue which extends from its origin at its intersection
with Baltimore Street until its terminus at the boundary of the Borough
of Gettysburg; Taneytown Road from its intersection with Steinwehr
Avenue until its terminus at the Gettysburg National Military Park
property; a portion of Washington Street from its intersection with
Steinwehr Avenue and extending north approximately three blocks to
include the Gettysburg Hospital and the WellSpan medical offices and
facilities.
[1]
Editor's Note: Exhibit "A" is included as an attachment to this chapter.
[Ord. No. 1482-21, 10/12/2021]
The Steinwehr Avenue Heart of Gettysburg Battlefield, Inc. (hereinafter
"SAHGB"), a nonprofit corporation, is appointed and shall continue
in its capacity as administrator of the Neighborhood Improvement District.
SAHGB shall designate a District Administrative Board. The Administrative
Board shall consist of an odd number of members between five and nine
with at least one member representing the Borough of Gettysburg, and
shall include at least one Neighborhood Improvement District property
owner or designee; at least one Neighborhood Improvement District
business owner or designee; and one representative of Wellspan/Gettysburg
Hospital. The Administrative Board shall be authorized to exercise
all powers provided for in Section 7 of the Act, 73 P.S. § 837.
[Ord. No. 1482-21, 10/12/2021]
In accordance with the provisions of Section 4, Subdivision
(10), of the Act, 73 P.S. § 834(10), an assessment fee is
hereby imposed on all properties located within the boundaries of
the Neighborhood Improvement District.
1.
Amount and Method of Assessment. The assessment shall be made as
of January 1, 2022, and shall be as follows:
A.
Commercial properties shall be assessed annually at the rate of 1.94766
mills for each dollar of assessed value.
B.
Residential properties shall be excluded from the imposition and
payment of the assessment.
C.
Tax-exempt properties shall be excluded from the imposition and payment
of the assessment, provided such properties are carried as having
a tax-exempt status in the assessment records for the County of Adams,
Pennsylvania.
2.
Payment of Assessment.
A.
Payment of the assessment shall be due 60 days following the date
of mailing of the notice of assessment.
B.
Installment payments of an assessment may be made in the following
manner:
(1)
Forty percent of the total assessment to be paid within 60 days
of the date of mailing of the notice of assessment;
(2)
The remaining 60% of the total assessment may be paid within
150 days of the date of mailing of the notice of assessment. However,
any installment payments made after 60 days from the date of the mailing
of the notice of assessment shall incur interest at the rate of 6%
per annum on the unpaid balance.
3.
Liens. All unpaid assessments, to include all assessments which are
made payable in installments, shall constitute liens and encumbrances
upon the respective and assessed benefitted properties at the beginning
of each calendar year and shall be collectible in accordance with
Section 7, Subdivision (d), of the Act, 73 P.S. § 837(d),
and in general may be collected in the same manner as a municipal
tax claim notwithstanding the provision contained in this section
relative to installment payments.
[Ord. No. 1482-21, 10/12/2021]
SAHGB, functioning as the Neighborhood Improvement District
Management Association, is designated and shall continue as the collector
of the special assessments provided for herein and shall be solely
responsible for all accounting services related to billing, collection,
and placement of liens for nonpayment concerning all special assessment
fees associated with the Neighborhood Improvement District.
[Ord. No. 1482-21, 10/12/2021]
1.
The Neighborhood Improvement District, originally established by
Gettysburg Borough Ordinance No. 1371-09 and as subsequently reauthorized
and reenacted by Gettysburg Borough Ordinance No. 1418-14, and as
continued by enactment of this Subpart, shall automatically terminate
on December 31, 2028, unless continued or extended by subsequent action
of the Borough Council of the Borough of Gettysburg in accordance
with the provisions of the Act, 73 P.S. § 831 et seq.
2.
In the event of its termination, all property of the Neighborhood
Improvement District shall pass to the Borough of Gettysburg and the
Neighborhood Improvement District shall cease to exist.
[Ord. No. 1482-21, 10/12/2021]
Gettysburg Borough Ordinance No. 1371-09, which originally created
and established the Steinwehr Avenue, Heart of Gettysburg Battlefield
Neighborhood Improvement District, as subsequently reenacted by Gettysburg
Ordinance No. 1418-14, is hereby reauthorized and reenacted by this
Subpart. All other ordinances and parts of ordinances inconsistent
herewith are hereby repealed.
[Ord. No. 1468-19, 12/9/2019]
The Borough Council of the Borough of Gettysburg finds that
residential neighborhood infrastructure maintenance is an important
community development task that is difficult for municipalities to
sustain where limited financial resources are often allocated to larger
scale and higher priority public improvements projects. Furthermore,
the Commonwealth of Pennsylvania has adopted enabling legislation,
specifically the Neighborhood Improvement District Act, Act No. 2000-130,
73 P.S. § 831 et seq., authorizing the creation of neighborhood
improvement districts to enable property owners in neighborhoods to
provide services to their neighborhoods that supplement municipal
services otherwise provided. The legislation provides for the assessment
of property owners within a neighborhood improvement district to pay
for those additional services, and the Borough Council of the Borough
of Gettysburg believes that such a district is necessary and desirable
in order to maintain, reconstruct, replace and improve the curbing
surrounding grass island areas located in the center of West Broadway.
[Ord. No. 1468-19, 12/9/2019]
As authorized by Act 2000-130, 73 P.S. § 831 et seq.,
known as the Neighborhood Improvement District Act (hereinafter the
"Act"), the West Broadway Islands Neighborhood Improvement District
(hereinafter the "District") is established with boundaries as depicted
on Exhibit "A" which is attached hereto and is made a part hereof.[1] The District includes the area of 25 real properties located
on West Broadway between Carlisle Street and College Avenue.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
[Ord. No. 1468-19, 12/9/2019]
The West Broadway Island Curbing Neighborhood Improvement District
Management Association (hereinafter referred to as the "NIDMA"), a
nonprofit corporation, is appointed administrator of the District.
The NIDMA shall designate a District Administrative Board of Directors.
The Administrative Board of Directors shall consist of an odd number
of members between five and nine, with at least one member representing
the Borough of Gettysburg. The Administrative Board of Directors shall
be authorized to exercise all powers provided for in Section 7 of
Act 130, 73 P.S. § 837.
[Ord. No. 1468-19, 12/9/2019]
1.
In accordance with the provisions of Section 4(10) of Act 130, 73
P.S. § 834(10), a special property assessment fee is hereby
imposed on all owners of properties located within the boundaries
of the District.
A.
Amount and Method of Assessment. The initial special assessment fee
shall be made as of January 1, 2020, in the amount of $175 per property
located within the District.
B.
Liens. Assessments shall constitute liens and encumbrances upon the
assessed property and shall be collectible in accordance with Section
7(d) of Act 130, 73 P.S. § 837(d), and in general may be
collected in the same manner as municipal tax claims.
[Ord. No. 1468-19, 12/9/2019]
The NIDMA, functioning as the Neighborhood Improvement District
Management Association, is designated as the collector of the special
assessment fees provided for herein and shall be solely responsible
for all accounting services related to billing, collection, and placement
of liens for nonpayment concerning all special assessment fees associated
with the District.
[Ord. No. 1468-19, 12/9/2019]
1.
The District established herein shall automatically terminate on
December 31, 2029, unless continued or extended by subsequent action
of the Borough Council of the Borough of Gettysburg in accordance
with the provisions of Act 130, 73 P.S. § 831 et seq.
2.
In the event of termination, all property of the District shall pass
to the Borough of Gettysburg, and the District shall cease to exist.
