[Ord. 1083, 6/6/1984, Introduction]
The preamble to this ordinance stated that, the Borough of State
College deems it necessary and desirable to construct a parking garage
on premises owned by such Borough located on the easterly side of
South Fraser Street between Calder Way and West Beaver Avenue. The
total cost of improvements, as defined in the Act of Assembly authorizing
business improvement districts (53 P.S. § 1551 et seq.)[1] is estimated to be $4,180,000. The Borough believes that
such improvements are financially feasible if a portion of such total
cost, to wit: $300,000, is paid for by the property owners benefited
in a business improvement district. And, it is believed by the Borough
of State College that the business improvement district, as hereinafter
defined, will be benefited by the construction of such improvements,
at least to the extent of 7.18% of such estimated cost.
[1]
Editor's Note: Said Act was repealed by 1996, Dec. 19, P.L.
1158, No. 177. See now 53 Pa.C.S.A. § 5401 et seq.
[Ord. 1083, 6/6/1984, Section 1]
There is hereby established a Business Improvement District
(BID) within the Borough of State College, all of which BID is either
zoned "C", commercial, or which is used for general commercial purposes.
Such district is shown and set forth on a map marked Exhibit A, attached
hereto and made a part hereof by reference. Such BID includes all
property zoned "C," except east of High Street and the portion occupied
by the Borough's bus terminal west of North Atherton Street. Such
district includes several portions not zoned "C" but used for general
commercial purposes.
[Ord. 1083, 6/6/1984, Section 2]
It is the opinion of Borough Council that all property within
such BID will be benefited by the construction of the improvements,
hereinafter set forth.
[Ord. 1083, 6/6/1984, Section 3]
There is hereby appropriated for expenditure such amounts of
money as shall be required to construct a parking garage on premises
of the Borough on the easterly side of South Fraser Street, in such
amounts necessary to pay for feasibility studies, preliminary planning,
engineering fees, architectural fees, attorney or other consulting
fees, and financing costs, as well as the cost of improvements themselves,
such total cost of improvements estimated to be $4,180,000.
[Ord. 1083, 6/6/1984, Sections 4 through 10 inclusive; amended
by Ord. 1106, 5/9/1985, Sections 1 through 3 inclusive]
a.
Total Assessment. The cost of improvement to the properties within
the BID are deemed to be 7.18% of such total cost of improvement,
or the sum of $300,000, which amount shall be the cost of improvement
(cost), as otherwise set forth herein.
b.
Exceptions; Individual Assessments. The cost, as defined herein,
shall be assessed to all of the properties in the BID, excepting single-family,
owner-occupied residences, including condominium units, by an assessment
determined by multiplying the cost by the ratio of the assessment
value of each property in the BID to the total assessed valuation
of all non-exempt properties in the BID.
c.
Installment Payment Due Dates. Such assessment shall be payable in
five equal annual installments. The first installment shall be payable
on or before the last day of the fourth month following Council's
acceptance of the project. The second through the fifth installment
shall be payable on or before March 31st of each year. Such installments
shall be payable without interest. Bills for such assessments shall
be sent to all property owners at least 30 days prior to the date
due.
d.
Assessment Constitutes a Lien. Claims to secure the assessments,
as set forth against each of the properties within the BID, shall
be filed in the office of the Prothonotary of Centre County in the
same manner as municipal claims are filed. Each assessment, as filed,
shall constitute a lien and encumbrance upon each property within
the BID for the full amount of the claim, as set forth therein, less
any installments previously paid.
e.
Full Payment Provisions. Any owner of property within the BID against
whom an assessment has been made may pay the same in full at any time
and such payment shall discharge the lien of such assessment.
f.
Default Penalties. In the case of default in the payment of any annual
installment, the entire assessed amount against such property shall
become immediately due and payable in full and, in addition thereto,
interest on the unpaid balance, at the rate of 10% per annum, commencing
on the first day of the month following the date of default. Despite
the foregoing provision, the Borough may accept partial payments of
such total amount and, on so doing, shall not waive any rights to
the collection of the full balance of such assessment with interest.
