Establishing a neighborhood improvement district, to be known as the South Philly Market District ("District"), in an area that generally includes all taxable commercial properties (properties used for any for-profit activity involving trade or commerce in general, including vacant commercial and industrial zoned parcels and residential properties comprised of at least one unit rented to tenants for profit) along both sides of South 9th Street from the south side of Fitzwater Street to the north side of Federal Street; along both sides of Christian Street from west side of South 7th Street to east side of South 10th Street; along both sides of Montrose Street from South 8th Street to South 10th Street; along both sides of Carpenter Street from South 8th Street to South 10th Street; along both sides of Washington Avenue from west side of South 8th Street to east side of South 11th Street; along both sides of Ellsworth Street from East Passyunk Avenue to South 10th Street; along both sid...

WHEREAS, Council is authorized by the Community and Economic Improvement Act, Act of December 21, 1998, P.L. 1307, No. 174

as amended

(53 P.S. §18101 et. seq.) ("Act") to establish, by ordinance, neighborhood improvement districts and to designate certain entities to administer programs and services within such districts in order "to promote and enhance more attractive and safer commercial, industrial, residential and mixed-use neighborhoods; economic growth; increased employment opportunities; and improved commercial, industrial, business districts and business climates;" and

WHEREAS, The purpose of this Ordinance is to establish a neighborhood improvement district in the South Philadelphia area, to be known as the South Philly Market District ("District"); and

WHEREAS, All procedures required by the Act for establishment of the District have been followed; in particular, more than forty-five (45) days have elapsed from a public hearing required by the Act, and the Clerk of Council has not received objections filed by affected property owners representing the ownership of at least one-third (1/3) of the properties owned by affected property owners within the proposed District or from affected property owners, within the proposed District, the value of whose properties, as assessed for taxable purposes, amounts to at least one-third (1/3) of the total property valuation of property owned by affected property owners within the proposed boundaries of the District; now, therefore

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. In accordance with the provisions of the Community and Economic Improvement Act, Act of December 21, 1998, P.L. 1307, No. 174 ("Act") (53 P.S. §18101 et. seq.) ("Act"), a neighborhood improvement district is hereby established in the South Philadelphia area, within the boundaries set forth in Exhibit "1-A" and Exhibit “1-B” attached hereto. The district shall be known as the South Philly Market District ("District").

SECTION 2. South Philly Market District, Inc. (“SPMD, Inc.”), which is organized as a Pennsylvania nonprofit corporation, is hereby designated as the Neighborhood Improvement District Management Association for the District.

SECTION 3. Council hereby approves as the plan for the District the plan set forth in Exhibit "1" attached hereto. SPMD, Inc. is hereby authorized to assess property owners within the District a special property assessment fee, in accordance with the provisions of the final plan and the provisions of the Act. In addition, in the case of an unpaid assessment or portion of an assessment, SPMD, Inc. is authorized to collect accrued interest and penalties on any unpaid assessment or portion thereof and to recover any costs incurred as a result of the filing of any lien, all in accordance with the final plan.

SECTION 4. The Director of Commerce, on behalf of the City, is hereby authorized to enter into an agreement with SPMD, Inc. in a form approved by the City Solicitor, which agreement shall include the following provisions:

(a) A detailed description of the respective duties and responsibilities of the City

and of SPMD, Inc. with respect to the District as set forth in the final plan approved under Section 3;

(b) A requirement that the City will maintain within the District the same level of

municipal programs and services that were provided within the District before its establishment;

(c) A "sunset provision" under which the agreement will terminate on December

31, 2024, and may not be renewed unless the District is continued beyond that date in accordance with the sunset provisions of Section 5 of this Ordinance;

(d) SPMD, Inc.’s agreement to be responsible for the collection of all property

assessment fees levied within the District and the City's agreement to file any necessary liens for nonpayment of property assessment fees as set forth in the Act at 53 P.S. §18107(a)(l0).

SECTION 5. The District shall terminate on December 31, 2024, in accordance with the provisions of the final plan, approved under Section 3. The District may be continued beyond that date only if Council reenacts this Ordinance, following a review of the District and the programs and services, provided by the SPMD, Inc. within the District.

SECTION 6. The Chief Clerk shall keep on file, the document referred to as Exhibit “1” in Section 3 of this Ordinance, and all accompanying documents referenced in Exhibit “1” and shall make them available for inspection by the public during regular office hours.

End