Explanation
Background: Authorization is needed for the Director of the Department of Development to execute any and all agreements and deeds for conveyance of thirteen parcels to Columbus Housing Partnership (CHP) or a subsidiary established to hold properties for the Duxberry Landing project. CHP will partner with the Greater Linden Development Corporation to develop 35 new single-family homes within the South Linden neighborhood. As a member of the Neighborhood Stabilization Program 2 (NSP 2) consortium, Columbus Housing Partnership will invest NSP funds from both the NSP 2 Consortium and the State of Ohio. The Land Bank properties were acquired under both the Land Reutilization Program (Tax Foreclosures) and under the NSP. The City will receive $6,965 for the properties initially acquired under the Land Reutilization Program. The properties will be transferred by deed and recorded in the Official Records of the County Recorder's Office.
Fiscal Impact: No funding is required for this legislation. The City may first recover reimbursement of any and all expenses incurred on account of the acquisition, administration, management, maintenance and disposition of such land and such other expenses of the program as the City may apportion to such land from the sale proceeds.
Emergency Justification: Emergency action is requested to expedite the transfer of the property to allow the developer to meet Neighborhood Stabilization Program expenditure deadlines and close on funding commitments from private lenders and the State of Ohio.
Title
To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of thirteen parcels of real property held in the Land Bank pursuant to the Land Reutilization Program and Neighborhood Stabilization Program to Columbus Housing Partnership or a subsidiary established to hold properties for the Duxberry Landing project; and to declare an emergency.
Body
WHEREAS, ordinance 1860-2008 adopted the City's Neighborhood Stabilization Program, authorized the filing of the Neighborhood Stabilization Program application with HUD, and made a substantial amendment to the Consolidated Plan's 2008 Action Plan; and
WHEREAS, ordinances 0234-2009 and 0136-2009 authorized the Director of the Department of Development to acquire properties under the Neighborhood Stabilization Program and the expenditure of funds; and
WHEREAS, by Ordinance 2161-93 Council adopted and elected to use the Revised Code Chapter 5722, Land Reutilization Program, to facilitate effective reutilization of nonproductive land acquired through a sale pursuant to a foreclosure proceeding initiated by the Franklin County Treasurer, or through a sale of forfeited lands by the Franklin County Auditor or through a conveyance in lieu of foreclosure to foster either return of such land to tax revenue generating status or its devotion to public use; and
WHEREAS, a proposal for the sale of parcels which has been acquired pursuant to Section 5722.03 and 5722.06 for this program meet the Land Reutilization Program's Disposition Policies and Guiding Principles and has been approved; and
WHEREAS, parcels of real estate, as required, are being sold at not less than fair market value in conformity with Ohio Revised Code Section 5722.07, competitive bidding is not required; and
WHEREAS, under 5722.07 "fair market value" means the appraised value of the nonproductive land made with reference to such redevelopment and reutilization restrictions as may be imposed by the electing subdivision as a condition of sale or as may be otherwise applicable to such land; and
WHEREAS, in order to complete the transfer of such property to the purchaser, authority is needed for the Director of the Department of Development to execute any and all necessary agreements and deeds of conveyance for such real property; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, Land Redevelopment Office in that it is immediately necessary to convey title of said parcels of real estate to allow the developer to meet Neighborhood Stabilization Program expenditure deadlines and close on funding commitments from private lenders and the State of Ohio, all for the immediate preservation of the public health, peace, property, safety and welfare; and now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Development is hereby authorized to execute any and all necessary agreements and deeds to convey title of the following parcels of real estate to Columbus Housing Partnership or a subsidiary established to acquire properties under the Duxberry Landing Project:
Parcel Number |
Address |
010-073314 |
1129 E. 21st Avenue |
010-073315 |
1133-1135 E. 21st Avenue |
010-073318 |
1149 E. 21st Avenue |
010-073330 |
1217-1223 E. 21st Avenue |
010-076619 |
1192 Duxberry |
010-079419 |
1105-1107 E. 23rd Ave |
010-079420 |
1113-1115 E. 23rd Avenue |
010-079497 |
1118 E. 25th Avenue |
010-079544 |
1114-1116 E. 23rd Avenue |
010-079561 |
1268 E. 23rd Ave. |
010-085871 |
1127 E. 21st Avenue |
010-093672 |
1150-1152 E. 23rd Avenue |
010-093680 |
1164-1166 E. 23rd Avenue |
Section 2. That for good cause shown, Section 329.29 of the Columbus City Codes, 1959, is hereby waived.
Section 3. That Council hereby finds that the selection process utilized in this matter is in accordance with the Land Bank Disposition Process created pursuant to the City's Land Reutilization Program and the Neighborhood Stabilization Program, and hereby approves the same.
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.