Explanation
Background:
Triangle Properties, Inc., has previously submitted plans to City Council for a 1,001.815-acre development in Liberty Township, Delaware County. Following review of these plans, City Council, by Ord. 1662-00 passed July 10, 2000, approved the establishment of a new community district under Chapter 349 of the Ohio Revised Code (ORC). ORC 349 requires the approval of the most populous city of the county which adjoins the county in which the development is located, if that city is located within five miles of the proposed district. On October 6, 2000, the Liberty Community Infrastructure Financing Authority was established pursuant to resolution passed by the Delaware County Commissioners. City Council, by Ord. 0545-02 passed April 8, 2002, approved an application to add property to the District.
The developer has requested that the Clerk of Council sign the application to add property to the District to evidence the city's approval of the addition of land to the District. The Development Department has previously reviewed the plans of the development within the district and has determined that there are no reasons to deny the city's approval. All necessary zoning approvals have previously been obtained for this site and the site will be served by centralized services.
Fiscal impact:
No funding is required for this legislation.
Title
To authorize the City Clerk to sign an application signifying the approval of the City of Columbus for the addition of land to the boundaries of the Liberty Community Infrastructure Financing Authority; and to declare an emergency.
Body
WHEREAS, Chapter 349 of the Ohio Revised Code authorizes the establishment of new community districts for limited purposes of facilitating the development of property located within such new community district; and
WHEREAS, Chapter 349 of the Ohio Revised Code allows for an application to add property to an already established new community district; and
WHEREAS, in order to add property to the new community district, the developer of the property must submit an application to the Board of County Commissioners of the county within which the new community district is located; and
WHEREAS, Triangle Properties, Inc. (the "Developer") has previously submitted to this Council plans and a draft petition (the "Petition") for the establishment of a new community district in Liberty Township, Delaware County, Ohio on 1,001.815-acres of land located north of Seldom Seen Road and south of Home Road (the "District"), which District facilitated the financing and construction of certain infrastructure improvements benefiting property owners within the District and such Petition was approved by this Council through ordinance number 1662-00, adopted by this Council on July 10, 2000; and
WHEREAS, the Board of County Commissioners of Delaware County, Ohio passed resolution number 00-748 on September 11, 2000 establishing the District as of October 6, 2000; and
WHEREAS, the Petition indicated, among other things, that the Developer would and since has obtained sanitary sewer treatment through Delaware County and would not, without the prior written approval of the City of Columbus and the City of Delaware, develop any private sanitary sewer treatment facilities; and
WHEREAS, this Council through ordinance number 0545-02, adopted on April 8, 2002, approved an application to add property to the District; and
WHEREAS, Section 349.03 of the Ohio Revised Code requires that the Developer obtain the approval for the application to amend the Petition to add property to the District from the most populous city of the county which adjoins the county in which the District will be created if such city is located within five miles of any part of the proposed district, and the city of Columbus is located within five miles of the District; and
WHEREAS, an emergency exists in usual daily operation of the Clerk's Office in that it is immediately necessary for the City Clerk to sign the petition prior to the consideration of the new community authority by the Board of Delaware County Commissioners, thereby preserving the public health, peace, property, safety and welfare, now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City of Columbus approves the application to add property to the District.
Section 2. That the Clerk of Council is hereby directed and authorized to sign the application to amend the Petition in the form presented to this Council, with such changes thereto not inconsistent with this resolution and not substantially adverse to the City. The approval of such changes by the Clerk of Council and that such changes are not substantially adverse to the City shall be conclusively evidenced by the execution of the application to amend the Petition by the Clerk of Council.
Section 3. That it is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.