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Following the choice by Cleveland County Commissioners to not withdraw their signature from a petition to kind a contested enterprise enchancment district, an area legal professional has requested the county to rethink its place.
Enterprise enchancment districts (BIDs) are designated areas for enhancements comparable to added benches, streetscape enhancements, facilitated occasions and advertising to the realm, which is carried out by a board. Districts are shaped by the homeowners of a majority of property, that are tax assessed within the proposed bid space. Homeowners pay a payment based mostly on the sq. footage, linear sq. footage and eight% of 1% of the parcel’s tax assessed worth.
Tracy Schumacher, of Schumacher Regulation Group, stated she and her husband, Wade Stewart, personal 114 E. Predominant Avenue and “disagree with the creation of the Downtown Enterprise Enchancment District,” her letter dated Sept. 30 reads.
“As taxpayers and voters in Cleveland County, my husband and I are asking that the county rescind its consent to the petition,” her letter states.
In an e mail to The Transcript, Schumacher stated she hand-delivered the letter to the commissioners earlier than additionally offering it.
Commissioners entertained an agenda merchandise Monday, Sept. 26 to rescind its signature of the petition, however regardless of outgoing District 3 Commissioner Harold Haralson’s assertion that the county signed it prematurely, he nor District 2 Commissioner Darry Stacy entered a movement to rescind it. District 1 Commissioner and Chairman Rod Cleveland positioned that merchandise on the agenda, but it surely died for lack of a movement. Haralson declined to remark as to why he declined to enter a movement.
Schumacher questioned why the personal sector could be tasked to pay for enhancements for which the general public sector is already accountable.
Whereas the Metropolis of Norman at the moment contributes $57,000 to enhancements within the downtown space, if the BID varieties, it should contribute an extra $24,000 within the district per yr based mostly on an evaluation of metropolis owned land within the space, the Transcript reported final month.
Schumacher famous that she and her husband keep the looks of their constructing and weren’t conscious that “there have been areas of county property that weren’t cared for by the county and wanted the help of the personal property homeowners within the space to enhance and keep,” her letter reads.
“Within the ‘District Plan,’ the upkeep is described as ‘avenue, sidewalk, and vegetation upkeep.’ Why would we pay for this when the town is accountable for that service and when Cleveland County has the Oklahoma Courtroom Companies group service program?” he stated.
The Oklahoma Courtroom Companies group service program pairs individuals on probation to carry out group service completely on non-profit properties, the web site indicated.
Schumacher requested commissioners in the event that they had been conscious that the BID might impose bonds on the payment income for tasks comparable to a “parking storage or a facility,” in response to state legislation, her letter reads.
BID formation committee chair Cameron Brewer instructed the Transcript that Norman’s district just isn’t designed to pay for large-scale tasks.
“There are different financial improvement instruments and mechanisms accessible in Oklahoma for enhancements at a bigger scale, however that isn’t what’s being proposed right here with this BID and may by no means be used for that goal over a 10-year interval,” he stated.
She additionally requested them in the event that they had been conscious that the BID can place a lien on a property proprietor who doesn’t pay the charges.
Throughout a Norman Metropolis Council examine session, Metropolis Legal professional Kathryn Walker confirmed that the town can place a lien on the property proprietor for non-payment within the district.
Schumacher additionally requested if commissioners had been conscious that the BID might shut the road “in entrance of our companies for a pedestrian mall.”
If the town and county joined the district, it permits the BID to “drive personal property homeowners and small companies to pay for a service that isn’t wanted and that isn’t needed by many,” Schumacher wrote.
She additionally acknowledged the listed enhancements wouldn’t improve “the well being, welfare and well-being of residents of the Metropolis of Norman,” which was acknowledged within the metropolis’s decision dated Sept. 13.
Criticism
If the town of Norman and Cleveland County had been to help the BID, their land would deliver to roughly 56% the proportion of property in favor, Brewer estimated in September.
Mixed, the 2 public entities have 18.84% of the land within the district, in response to the town clerk’s workplace.
As many as 42 property homeowners, which account for greater than 33% of the realm’s BID share, have filed protest letters with the town.
Critics have identified that the town and county have contributed to the bulk, although their properties are tax exempt.
Walker stated in an e mail Monday that each the town and county are liable to be assessed in response to the proposal.
In Part 39-106 of Title 11, it says the petition should be signed by “the homeowners of file of greater than 1/2 of the realm liable to be assessed underneath the proposal,” she wrote. “The Metropolis and County are homeowners of property liable to be assessed underneath the proposal.”
Commissioner Cleveland stated he has requested county district legal professional Greg Mashburn to weigh in on whether or not, by statute, “the general public property can be utilized within the counting as a majority of property proprietor to qualify the BID earlier than the council for approval.”
Council to vote on BID
As a result of districts fall underneath the purview of metropolis authorities, the Norman Metropolis Council should approve it with a purpose to legally kind and maintain a public listening to. The listening to is slated for Oct. 11, Walker instructed the Transcript final week.
BIDs are shaped for 10 yr phrases however the council can vote to dissolve it as can the board. Bylaws for the district point out the board intends to seat 51% of the board with property homeowners “or their designee ‘’ throughout the district.
The board will also be composed of tenants, representatives of nonprofits, “individuals with specialised expertise comparable to attorneys, architects, accountants,” and metropolis and county authorities officers, the bylaws state.
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