Explanation
Background: Ordinance No. 3146-2019 authorized, inter alia, 1) the establishment of a Downtown Redevelopment District (“DRD”) and Innovation District pursuant to Sections 5709.45 through 5709.47 of the Ohio Revised Code in the area of the former Columbus Electric Trolley Barn and presently the East Market: The Historic Trolley Barn District (the “Trolley Barn DRD”); 2) the establishment of a municipal downtown redevelopment district fund for the deposit of service payments in lieu of taxes and property tax rollback payments (the “Service Payments”) generated from the Trolley Barn DRD (the “DRD Fund”); 3) the approval of a Downtown Redevelopment District Agreement (the “DRD Agreement”); and 4) formed a DRD Advisory Committee to review funding requests and make recommendations for monies deposited into the DRD Fund. The purpose of this ordinance is to amend Ordinance No. 3146-2019 in order to 1) appropriate and authorize the expenditure of the Service Payments deposited in the DRD Fund pursuant to the DRD Agreement, and 2) appoint the initial members to the DRD Advisory Committee.
Fiscal Impact: The City is appropriating and authorizing the expenditure of monies deposited or to be deposited in the Trolley Barn DRD Fund (Fund 7486) in accordance with the DRD Agreement.
Title
To amend Ordinance No. 3146-2019 in order to both appropriate and authorize the expenditure of monies deposited in the Trolley Barn DRD Fund pursuant to the DRD Agreement and to appoint the initial members of the DRD Advisory Committee reviewing funding requests and making recommendations for monies in the Trolley Barn DRD. ($0.00)
Body
WHEREAS, Ordinance No. 3146-2019, passed by City Council on December 16, 2019, authorized City Council to establish, inter alia, a downtown redevelopment district on and around the present site of the East Side: Trolley Barn Historic District (the “Trolley Barn DRD”) and to provide for a thirty (30) year, seventy percent (70%) exemption of the improvements to the Trolley Barn DRD parcels pursuant to Sections 5709.45, 5709.46, and 5709.47 of the Ohio Revised Code; and
WHEREAS, Ordinance No. 3146-2019 also authorized both the establishment a municipal downtown redevelopment district fund for the deposit of service payments in lieu of taxes and property tax rollback payments generated from the Trolley Barn DRD (the “DRD Fund”) and the approval of a Downtown Redevelopment District Agreement (the “DRD Agreement”) for the reimbursement of eligible costs with such monies in the DRD Fund; and
WHEREAS, as a condition of the school board’s approval of the Trolley Barn DRD, the City agreed to form a DRD Advisory Committee (the “Committee”), including a school representative, to review funding requests and make recommendations for the use of monies from the DRD Fund; and
WHEREAS, it is necessary to amend certain sections of Ordinance No. 3146-2019 to appropriate and authorize the expenditure of the service payments in lieu of taxes and property tax rollback payments pursuant to the DRD Agreement approved by Section 8 of Ordinance No. 3146-2019 and to appoint the initial members of the Committee described in Section 4 of Ordinance No. 3146-2019; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 4 of Ordinance No. 3146-2019 is hereby amended to appoint the initial members of the Committee to the ensuing terms, as follows:
Section 4. Municipal Downtown Redevelopment District Fund. This Council hereby establishes, pursuant to and in accordance with the provisions of Section 5709.47 of the Ohio Revised Code, a downtown redevelopment district fund named the Trolley Barn DRD Fund (the “DRD Fund”), into which the County Treasurer shall deposit the Service Payments and the Property Tax Rollback Payments collected form the Parcels. That DRD Fund shall be maintained in the custody of the City and shall receive the distributions to be made to the City pursuant to Section 4 of this Ordinance. Those Service Payments received by the City and Property Tax Rollback Payments received by the City with respect to the Improvement of each Parcel and so deposited pursuant to Sections 5709.47 of the Ohio Revised Code shall be used solely for the purposes authorized in Section 5709.45(E) of the Ohio Revised Code and the Plan. The DRD Fund shall remain existence so long as such Service Payments and Property Tax Rollback Payments are collected and used for the aforesaid purposes, after which time the DRD Fund shall be dissolved and any surplus funds remaining therein shall be transferred to the City’s General Fund, all in accordance with Section 5709.47 of the Ohio Revised Code. Within the DRD Fund, there shall be established such accounts as may be necessary to accomplish the purposes set forth in the Plan. The City is authorized to enter into an agreement with a bank or trust company to act as custodian and to administer the DRD Fund on behalf of the City.
A DRD Advisory Committee will be formed to make annual recommendations on how the Service Payments and Property Tax Rollback Payments deposited within the DRD Funds will be allocated by the City as they are received. The committee will be responsible for reviewing requests for funds on behalf of the district and making recommendation to the Director of the Department of Development, or his or her designee, on allocating funds. These expenditures must follow the Downtown Redevelopment District Plan. This DRD Advisory Committee will consist of one member from each of the following categories:
- Columbus City Schools Representative
- Small Business Representative
- Property Owner within the DRD Area
- Community Member
- City of Columbus Representative
The initial appointees to the DRD Advisory Committee shall be as follows:
(i) Michael Cole is hereby appointed as a Columbus City Schools Representative, to a two-year term, such term beginning July 1, 2025 and expiring on June 20, 2027.
(ii) Andrew Sauer is hereby appointed as a Small Business Representative, to a one-year term, such term beginning July 1, 2025 and expiring on June 20, 2026.
(iii) Robert Lamb is hereby appointed as a Property Owner within the DRD Area, to a two-year term, such term beginning July 1, 2025 and expiring on June 20, 2027.
(iv) Jonathan Moody is hereby appointed as a Community Member, to a one-year term, such term beginning July 1, 2025 and expiring on June 20, 2026.
(v) William Webster is hereby appointed as a City Representative, to a two-year term, such term beginning July 1, 2025 and expiring on June 20, 2027.
Upon expiration of each such preceding term, each of the above-named persons shall continue to serve until a successor is appointed by City Council or until death, resignation, or removal for cause as determined by City Council, and each member appointed herein shall serve without compensation.
SECTION 2. That Section 8 of Ordinance No. 3146-2019 is hereby amended to appropriate and authorize the expenditure and transfer of the monies in the DRD Fund pursuant to the DRD Agreement as follows:
Section 8. Other Arrangements. This City Council hereby authorizes and directs the Mayor, the Auditor, the Director of Development, or other appropriate officers of the City to sign and execute all documents and make such such arrangements as are necessary and proper for 1) the collection of the Service Payments from the owners of real property located within the DRD Area, which are to be deposited into the DRD Fund, 2) the rehabilitation of the Historic Property, 3) the Fresh Food Operating Agreement, and 4) the use of amounts in the DRD Fund in accordance with the Plan and DRD Agreement. The form of the DRD Agreement is hereby approved, with such changes, not materially adverse to the City, as may be approved by the City Attorney and the City officials executing that DRD Agreement.
The Service Payments and Property Tax Rollback Payments deposited or to be deposited into the DRD Fund (Fund 7486) created by Ordinance No. 3146-2019 shall be deemed appropriated for the purposes set forth in the DRD Agreement and authorized to be expended therefrom in accordance with the DRD Agreement, and the City Auditor is authorized to make payments to Trolley Barn LLC, or its designee, from the Service Payments and Property Tax Rollback Payments in the DRD Fund (Fund 7486) in accordance with the DRD Agreement upon order of the Director of the Department of Development, and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
The City Auditor is authorized to make a onetime transfer of $10,000 in 2025 and thereafter $5,000 annually from the Service Payments and Property Tax Rollback Payments in the DRD Fund (Fund 7486) to the Business Tax Incentive Fund (Fund 2229), subject to the authorization of the Director of the Department of Development, for the “Annual Administrative / Monitoring Fee” authorized by Ordinance No. 3449-2023.
SECTION 3. That existing Sections 4 and 8 of Ordinance No. 3146-2019 are hereby repealed.
SECTION 4. That except as provided herein, all provisions of Ordinance No. 3146-2019 shall remain in full force and effect; it is the intent of City Council that Ordinance No. 3146-2019 and this ordinance shall be construed together as a single instrument, as appropriate.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.