[Ord. 1694, 1/9/2002, Section 1]
The Council of the Borough of State College finds that the owners
of properties including business, professional, commercial and residential
properties in the core business district of the Borough of State College
desire a downtown that is attractive, clean, safe and friendly to
residents, visitors and business invitees. Furthermore, the Commonwealth
of Pennsylvania has adopted enabling legislation, specifically the
Neighborhood Improvement District Act, 73 P.S. § 831, Act
No. 2000-130, 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 the Neighborhood Improvement District to pay for those
additional services and the Council of the Borough of State College
believes that such a district is necessary and desirable to strengthen
the downtown and improve the probability of success of businesses
and the preservation of the amenities of life for residents and commercial
occupants within the Improvement District.
[Ord. 1694, 1/9/2002, Section 2; amended by Ord. 1699, 4/15/2002,
Section 1{65}]
As authorized by Act 2000-130, 73 P.S. § 831 et seq.
known as the Neighborhood Improvement District Act of 2000 (hereinafter
the "Act"), the Downtown State College Neighborhood Improvement District
(hereinafter the "District") is established with boundaries depicted
on Revised Exhibit A attached hereto and made a part hereof, generally
encompassing an area bounded by the easterly side of Atherton Street,
the westerly side of Sowers Street, the northerly side of College
Avenue and the northerly side of Highland Avenue.
[Ord. 1694, 1/9/2002, Section 3]
The Downtown State College Neighborhood Improvement District
Management Association, Inc., a nonprofit corporation, is appointed
as administrator of the Downtown State College Neighborhood Improvement
District and authorized to exercise all powers provided for in Section
7 of Act 130, 73 P.S. § 837.
[Ord. 1694, 1/9/2002, Section 4; amended by Ord. 1699, 4/15/2002,
Sections 2 and 3; Ord. 1764, 12/22/2003; Ord. 1802, 12/22/2004; Ord.
1832, 12/20/2005; Ord. 1862, 12/18/2006, Section 1; Ord. 1886, 12/17/2007,
Section 1; Ord. 1919, 12/15/2008; Ord. 1942, 12/21/2009; Ord. 1958,
12/20/2010; Ord. 1978, 12/19/2011, Section 1; Ord. 2009, 12/17/2012,
Section 1; Ord. 2034, 12/16/2013, Section 1; Ord. 2059, 12/15/2014,
Section 1; Ord. 2068, 12/21/2015, Section 1; Ord. 2083, 12/19/2016,
Section 1; Ord. 2106, 12/18/2017, Section 1]
In accordance with the provisions of § 4(10) of Act
130, 73 P.S. § 834(10), an assessment fee is hereby imposed
on all properties located within the boundaries of the District.
a.
Amount and Method of Assessment. The assessment shall be made as
of January 1, 2022, and shall be as follows:
[Amended by Ord. No. 2122, 12/17/2018; Ord. No. 2137, 12/16/2019; Ord. No. 2151, 12/21/2020; Ord.
No. 2177, 12/20/2021]
(1)
Commercial properties designated with the codes C, CB, CG, CH,
CL, CM, CO, CR, and CS shall be assessed at the rate of five mills
for each dollar of assessed value.
(2)
Commercial apartments designated with the code CA shall be assessed
at the rate of four mills for each dollar of assessed value.
(3)
Residential properties designated with the codes R, RA, and
RF shall be assessed at the rate of three mills for each dollar of
assessed value.
(4)
Mixed use, commercial, and commercial apartment combinations
designated with the CC code shall be assessed at the rate of five
mills for each dollar of assessed value of the commercial portion
and four mills for each dollar of the assessed value of the commercial
apartment portion, as determined by the assessment records for such
properties maintained by the Centre County Assessment Office.
(5)
Individual parking spaces for residential or commercial condominiums
designated with the code L1 shall be assessed at the rate of zero
mills for each dollar of assessed value.
(6)
Tax-exempt properties shall be excluded from the payment of
the special property assessment, provided such properties are carried
as tax exempt in the assessment records for Centre County, Pennsylvania.
b.
Payment of Assessment. Payment of assessment shall be due 60 days
following the date of mailing of the notice of assessment.
(1)
Installments may be made in the following manner:
(a)
Forty percent of the total assessment to be paid within 60 days
of the date of the mailing of the notice of assessment.
(b)
Remaining 60% paid within 150 days of the date of mailing of
notice of assessment. Installment payments made after 60 days from
the date of the mailing of the invoice shall incur interest at the
rate of 6% on the unpaid balance.
c.
Liens. Assessments shall constitute liens and encumbrances upon the
assessed property and shall be collectable in accordance with the
provisions of § 7(d) of Act 130, 73 P.S. § 837(d)
and in general may be collected in the same manner as municipal tax
claims notwithstanding the provision of this section as to installment
payments.
[Ord. 1694, 1/9/2002, Section 5; amended by Ord. 1699, 4/15/2002,
Section 4; Ord. 1732, 12/16/2002]
The Downtown State College Neighborhood Improvement District
Management Association, Incorporated (NIDMA), is designed as the collector
for the special assessments provided for herein. The Finance Department
of the Borough will create and maintain such records of properties,
special assessments, payments, and related matters for the properties
within the District and will assist the NIDMA in carrying out collection.
The NIDMA will reimburse the Borough for labor, materials, and expenses
incurred by the Borough for the collection of the special assessments
and the operation of the State College Neighborhood Improvement District.
[Ord. 1694, 1/9/2002, Section 6; amended by Ord. 1855, 11/20/2006,
Section 1]
a.
The Downtown State College Neighborhood Improvement District shall
automatically terminate on December 31, 2026, unless continued or
extended by subsequent action of the Council of the Borough of State
College in accordance with the provisions of Act 130, 73 P.S. § 831
et seq.
[Amended by Ord. No. 2178, 12/20/2021]
b.
In the event of termination, all property of the Downtown State College
Neighborhood Improvement District shall pass to the Borough and the
Downtown State College Neighborhood Improvement District shall cease
to exist.
