Explanation
BACKGROUND:
The Petition for Organization of a New Community Authority (the “Petition”) under R.C. Chapter 349 was filed with the Clerk of City Council on July 27, 2007 by M/I Homes of Central Ohio, LLC, Dominion Homes, Inc., The Falls at Hayden Run, Ltd., West Leppert Investments, LLC, Hayden Run Commercial Developers, LLC, and Hayden’s Reserve L.P. (collectively, the “Developers”). Ordinance No. 0943-2007 passed by City Council on June 18, 2007 authorized the City Clerk to sign such Petition to approve the City being the “proximate city” under R.C. Section 349.01(M). City Council determined the Petition to be sufficient as well as fixed a time and place for the public hearing on the Petition pursuant to Ordinance No. 0980-2007 passed on June 25, 2007, as ratified by Ordinance No. 1182-2007 passed on July 30, 2007. Following the public hearing on September 10, 2007, City Council then passed Ordinance No. 1374-2007, on the same day thereof, to establish the Hayden Run Community Development Authority (the “Authority”) as a body politic and corporate, to establish the Authority’s new community district, and to appoint the first three citizen members and first local government representative to the board of trustees of the Authority (the “Trustees”).
Those initial Trustees have been subsequently replaced with new appointments by the processes provided in R.C. Section 349.04 and then by the procedures established by City Council pursuant to Ordinance No. 1515-2011 passed on September 26, 2011. The Developers were responsible for appointing three of the original members of the Trustees, and they were to be replaced pursuant to the procedures in R.C. Section 349.04 and Ordinance No. 1515-2011. R.C. Section 349.04 also authorizes City Council, as the organizational board of commissioners for all purposes of the Petition, to adopt an alternative method of selecting successor Trustees. The purpose of this resolution is to repeal Ordinance No. 1515-2011 to terminate the election procedures for successor members of Trustees established thereunder in order to adopt an alternative method of selecting successor members of the Trustees due to a lack of participating qualified electors. This resolution will also appoint three citizen members and a local government representative to the Trustees.
FISCAL IMPACT: No funding is required for this legislation.
Title
To repeal Ordinance No. 1515-2011; to certify the estimated population of the Hayden Run New Community District; to adopt an alternative method of selecting successor members to the board of trustees of the Hayden Run Community Development Authority in accordance with R.C. Chapter 349; and to appoint four members to the board of trustees of the Hayden Run Community Development Authority. ($0.00)
Body
WHEREAS, M/I Homes of Central Ohio LLC, Dominion Homes, Inc., The Falls at Hayden Run, Ltd., West Leppert Investments, LLC, Hayden Run Commercial Developers, LLC, and Hayden’s Reserve L.P. (collectively, the “Developers”), and the City engaged in a public-private-partnership for new residential development in the City’s designated Northwest Growth Area near Hayden Run Boulevard and Hayden Run Road; and
WHEREAS, the Petition for Organization of a New Community Authority (the “Petition”) under R.C. Chapter 349 was filed by the Developers with the City Clerk on July 27, 2007, after, pursuant to Ordinance No. 0943-2007 passed on June 18, 2007, the City Clerk signed the Petition approving the City as the “proximate city” as defined by R.C. Section 349.01(M); and
WHEREAS, Ordinance No. 0980-2007 passed by City Council on June 25, 2007, as ratified by Ordinance No. 1182-2007 passed on July 30, 2007, determined the Petition to be sufficient as well as fixed a time and place for the public hearing on the Petition; and
WHEREAS, Ordinance No. 1374-2007passed by City Council on September 10, 2007established the Hayden Run Community Development Authority (the “Authority”) as a body politic and corporate, established the Authority’s new community district (the “District”), and appointed the first three citizen members and first local government representative to the board of trustees of the Authority (the “Trustees”); and
WHEREAS, the Trustees were determined to include seven members with three citizen members and one local government representative appointed by City Council , and the remaining three members appointed by the Developers, all as provided in the Petition; and
WHEREAS, in accordance with R.C. Section 349.04, City Council, as the “organizational board of commissioners,” must adopt a method of selecting successor members of Trustees, which it did pursuant to the election procedures established by Ordinance No. 1515-2011 passed on September 26, 2011; and
WHEREAS, City Council, as organizational board of commissioners for all purposes of the Petition, by resolution, may adopt an alternative method of selecting or electing successor members of the board of trustees pursuant to R.C. Section 349.04 separately from those election procedures specified under R.C. Section 349.04 and Ordinance No. 1515-2011; and
WHEREAS, due to a lack of qualified electors participating in the elections of the successor members of Trustees, the Department of Development has recommended to City Council to adopt an alternative method of selecting successor members of Trustees pursuant to R.C. Section 349.04; and
WHEREAS, in accordance with that alternative method, City Council will appoint three citizen members and a local government representative to the Trustees at this time with three additional citizen members to be submitted for City Council consideration at a later date; NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Ordinance No. 1515-2011 is hereby repealed and is of no force and effect from the effective date of this Ordinance.
Section 2. That the projected total population of the District was 5,000 in accordance with the Petition and Ordinance No. 1515-2011; it has been determined by the Department of Development and certified to this City Council by submission of this resolution for consideration that the current population of the District is 6,263. Such current population estimate was established by the Department of Development determining the number of residential certified addresses, pursuant to Chapter 907 of the Columbus City Codes, within the District and multiplying such number (2,735) by the number of persons per household as of the most recent U.S. Census estimate, 2019-2023, for the City of Columbus, Ohio (2.29).
Section 3. That, as the certified population estimate for the district during 2025 is 6,263 and Ordinance No. 1515-2011 was still in effect prior to the effective date of this resolution, this City Council determines that all prior Appointed Citizen Members, Appointed Local Government Member, and Appointed Developer Member were or were to be replaced by Elected Members, as such capitalized terms are defined in Ordinance No. 1515-2011; therefore, no Trustees shall be appointed by any of the Developers hereafter as the requirements of R.C. Section 349.04 and Ordinance No. 1515-2011 were satisfied.
Section 4. That, due to a lack of qualified electors participating in the elections of the successor member of Trustees, this City Council hereby adopts an alternative form of selecting successor members to the Authority’s board of trustees pursuant to R.C. Section 349.04 and declares that all members shall be appointed from time to time by this City Council; no elections shall be held for successor members. Successor members shall serve two-year overlapping terms with three of the initial members appointed to serve initial one-year terms. One such member shall serve as a representative of local government to represent the interests of his or her public agency in his or her official capacity. Each member shall serve until a successor is appointed or until death, resignation, or removal for cause as determined by this City Council, and each member appointed herein shall serve without compensation.
Section 5. That four of the seven appointees of the City to the Trustees shall be as follows:
(i) John Izzo, is hereby appointed, as a citizen member to a one-year term, such term beginning on the effective date of this resolution and expiring on October 31, 2026;
(ii) David P. Reynolds, is hereby appointed, as a citizen member to a one-year term, such term beginning on the effective date of this resolution and expiring on October 31, 2026;
(iii) Michael Novakov, is hereby appointed, as a citizen member to a one-year term, such term beginning on the effective date of this resolution and expiring on October 31, 2026; and
(iv) Michelle Larsen, is hereby appointed, as a representative of local government in her official capacity, to a two-year term, such term beginning on the effective date of this resolution and expiring on October 31, 2027.
Section 6. That this resolution shall take effect and be in force from and after the earliest period allowed by law.