Approving a new plan, estimated costs and proposed method of charges of the Manayunk Special Services District for and concerning business improvements and administrative services to the Manayunk business district of the City of Philadelphia.

WHEREAS, The Manayunk Special Services District of Philadelphia (the "MSSD") was incorporated under the provisions of the Municipality Act of 1945 (the "Act") and as authorized by Bill No. 960560-A (approved November 5, 1996); and

WHEREAS, Following its incorporation, the MSSD adopted a five-year plan for business improvements and administrative services to the Manayunk business district, which plan was approved by City Council in Bill No. 970325 (approved July 1, 1997); and

WHEREAS, Bill No. 010605 (approved December 19, 2001) authorized an extension to the term of the MSSD through 2012; and

WHEREAS, The MSSD has completed a new Plan and Ten Year Budget for the Manayunk Special Services District (the "Plan"), comprising a detailed plan for certain business improvements and administrative services to the Manayunk business district through 2012, together with the estimated costs and the proposed method of assessment and charges therefor; and

WHEREAS, After duly advertised public hearings held by the MSSD pursuant to the Act, legally sufficient objections to the Plan have not been received either from persons representing the ownership of one-third (1/3) of the properties in the proposed district or property owners within the proposed district whose property valuation as assessed for taxable purposes amounts to more than one-third (1/3) of the total property valuation of the proposed district; and

WHEREAS, As required by the Act, the Plan has now been submitted to City Council for its review and approval; and

WHEREAS, It is City Council's intent in enacting this Ordinance to take the action required under the Act to approve the Plan; now, therefore

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. The Plan and Ten Year Budget for the Manayunk Special Services District (the "Plan") attached as Exhibit "A" hereto, including the maps and other documents and supporting data which form a part of the Plan, submitted by the Manayunk Special Services District (the "MSSD"), having been duly reviewed and considered, is approved.

SECTION 2. The MSSD is authorized to take such action as may be necessary to carry out the Plan. City Council authorizes the MSSD to proceed with minor changes in substantial conformity with the Plan. Any major changes must be approved by Ordinance of City Council.

SECTION 3. City Council resolves to cause the level of security and maintenance services provided by the City to the area served by the MSSD to be established in the future at the same levels as would have been provided in the absence of the services to be provided by the MSSD, unless there shall be a City-wide reduction in services.

EXHIBIT "A"

NEW PLAN AND TEN YEAR BUDGET OF THE

MANAYUNK SPECIAL SERVICES DISTRICT

MISSION

The mission of the Manayunk Special Services District of Philadelphia (the "MSSD") is to create a clean, attractive, safe and well-managed business district (the "District") so that Manayunk can successfully compete as an environment in which to do business, live, shop, dine and visit.

To achieve this mission, the MSSD -- a municipal authority -- was established in 1997 to institute capital improvements as well as support clean and safe efforts. The MSSD also supports marketing and promotional initiatives designed to enhance the image of Manayunk in an effort to stimulate economic growth. District services supplement basic services provided by the City of Philadelphia.

CAPITAL PROJECTS

Capital projects improve the overall environment of the District. Improvements include streetscape projects such as street lighting, pedestrian lighting, signage, banners, entrances, landscaping and crosswalks. Opportunities for recreation and cultural attractions are also included as capital projects.

MAINTENANCE

The District maintenance program complements existing City services currently provided by the Department of Streets with a supplementary program of regular sidewalk cleaning, removal of trash and maintenance of greenspace areas. Maintenance consists of:

(1) Mechanical Sidewalk Sweeping

Daily mechanical sweeping of sidewalks during the early morning hours will create for workers, shoppers and visitors a District that "opens clean."

(2) Daily, Recurring Manual Sweeping

Daily sweeping of the sidewalks will be performed throughout the working day by uniformed cleaning crews so that the District will remain attractive and clean throughout the day.

(3) Greenspace Maintenance

Landscape design, planting, daily maintenance of greenspace areas inclusive of district parks, street planters as well as the Canal and Towpath will be performed.

(4) Streetscape Maintenance

An agreement with the City commits the MSSD for repair, replacement and utility costs for specialty streetscape lighting. To ensure the overall appearance of the District, maintenance crews will periodically remove graffiti and perform miscellaneous repairs.

MARKETING/PROMOTIONS

To enhance Manayunk's image, the MSSD will support those marketing campaigns which the MSSD deems appropriate to attract visitors, property owners, entrepreneurs and residents to Manayunk.

TRANSPORTATION ASSISTANCE

In conjunction with the City Avenue Special Services District, the MSSD will assist in funding a planned shuttle bus service between the City Avenue business district and Main Street, Manayunk, providing convenient transportation for workers and residents as well as tourists utilizing hotels along City Avenue.

ADMINISTRATION OF THE DISTRICT

The MSSD is governed by a twenty-one (21) member Board of Directors representing all interests within the District: property owners, restaurants, retailers, community residents, financial/professional and industrial/distributive.

The District is administered by a professional staff overseeing maintenance personnel as well as contracts with competitively selected firms for specific projects. The MSSD is funded by a surcharge on the real estate taxes of "Benefitted Properties" (as hereinafter defined) within the District, which surcharge shall be collected and expended by the MSSD for such services within the District as the MSSD deems appropriate pursuant to this Plan. The MSSD will operate under a "sunset provision" requiring a reauthorization of its authority by the owners of "Benefitted Properties" (as hereinafter defined) within the District no later than December 31, 2012.

MSSD BOUNDARIES

The boundaries in which the MSSD shall operate and perform services is that area bounded by the Schuylkill River, the Wissahickon Creek, the SEPTA Norristown Railroad, the real properties on the west side of Baker Street and the real properties on the north side of Leverington Avenue extended to the Schuylkill River -- all as more particularly shown on the attached map annexed hereto and incorporated herein by reference.

INCOME FROM CHARGES AND PROPOSED METHOD OF ASSESSMENT

The MSSD shall fund this new plan (the "New Plan") by imposing an annual assessment and charge on all "Benefited Properties" within the District. The term "Benefited Properties" shall mean all taxable real property within the service area of the District, except owner-occupied single-family dwellings. Annual assessments and charges shall be determined by multiplying the annual estimated costs and expenses of improvements/services under the New Plan as set forth in the attached budget by the ratio of the annual assessed value of each of the Benefited Properties to the total assessed value of all Benefited Properties.

INFLATION FACTOR

A five percent (5%) inflation factor has been applied to calculate the expended receipts of annual assessments and charges for each successive year.

DELINQUENCY FACTOR

Based on assumptions made by the Revenue Department of the City of Philadelphia, an annual delinquency factor of six percent (6%) is assumed on all Benefited Properties and is factored into the calculation of potential receipts of annual assessments and charges.

PROPOSED METHOD OF BILLING AND COLLECTION

Following certification by the Philadelphia Board of Revision of Taxes of real property assessments, the MSSD will, on an annual basis, calculate assessments and charges for MSSD purposes as well as bill and directly collect all MSSD assessments and charges from the Benefited Properties and/or the owner(s) thereof.

Consistent with the Municipality Authorities Act of 1945, 53 P.S. 306(B)(w), the City of Philadelphia (through its Law Department) is authorized and empowered to enter into cooperative agreements with the MSSD for taking legal action to collect MSSD assessments and charges.

MANAYUNK SPECIAL SERVICES DISTRICT

BOARD OF DIRECTORS

Forest Aegiano

Wissahickon Neighbors Civic Association

Lori Gayman

Cosmopolitan Home

Fran Sorokin

Property Owner

Vince Esposito

Secretary

Manayunk Neighborhood Council

Father John Sibel

St. Mary's Church

Jane Glenn

Manayunk Neighborhood Council

Jef McGill

Roxborough Manayunk Bank

Dan Neduscin

Vice President

Neduscin Properties

Rick Carocci

Vice President

TransAmerican Office Furniture

David Littlewood

Director

G.L. Littlewood & Sons

Dick Richards

Director

RichardsApex

Mary Dougherty

Nicole Miller

Gert Solkov

Cedarbrook Hill Apartments

Robert Swarbick

President

RJS Associates

Bruce Cooper

Jake's

Gina D'Angelo

United States Hotel Bar and Grill

Allen Newman

Treasurer

The Main Street Restaurant Group

Aaron Soowal

Timeworks

Bruce Kravetz

Pacific Rim

Chris Cipriani

Chaddsford Winery

End