Explanation
Background: This ordinance authorizes and directs the City Clerk to execute a Second Amendment to the Petition for Organization of a New Community Authority for One Neighborhood New Community Authority on behalf of the City of Columbus as the sole "proximate city" within the meaning of Section 349.01(M) of the Ohio Revised Code, and expresses City Council's determination that the Second Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code and fixes a date and place for a public hearing on that Second Amendment, all as permitted by Section 349.03 of the Ohio Revised Code.
This ordinance is being submitted as an emergency in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code for holding a public hearing prior to approving an amendment to a petition for organization of a new community authority.
Fiscal Impact: No City funding is required for this legislation.
Title
To authorize and direct the City Clerk to execute a Second Amendment to the Petition for Organization of a New Community Authority for One Neighborhood New Community Authority on behalf of the City of Columbus as the sole "proximate city" within the meaning of Section 349.01(M) of the Ohio Revised Code; to determine that the Second Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code; to fix a date and place for a public hearing on that Second Amendment; and to declare an emergency.
Body
WHEREAs, this Council enacted Ordinance 0382-2008 on March 17, 2008, directing the City Clerk to execute the Petition for Organization of a New Community Authority (the "Petition") for One Neighborhood New Community Authority (the "Authority") on behalf of the City of Columbus (the "City") pursuant to Chapter 349 of the Ohio Revised Code, and that Petition was signed by the City Clerk to indicate the approval of the Petition by the City as the sole "proximate city" as that term is defined in Section 349.01(M) of the Ohio Revised Code; and
WHEREAs, this Council, as the "organizational board of commissioners" as that term is defined in Section 349.01(F) of the Ohio Revised Code, enacted Ordinance 0595-2008 on April 14, 2008, determining that the Petition complied as to form and substance with the requirements of Section 349.03(A) of the Ohio Revised Code and fixing the time and place for a hearing on the establishment of the Authority; and
WHEREAs, this Council, as the organizational board of commissioners, held a hearing on the Petition on May 5, 2008, after public notice was duly published in accordance with Section 349.03(A) of the Ohio Revised Code; and
WHEREAs, this Council enacted Ordinance 0791-2008 on May 12, 2008, determining that the "new community district" would be conducive to the public health, safety, convenience and welfare and was intended to result in the development of a "new community", as those terms are defined in Section 349.01(A) of the Ohio Revised Code, and declaring the Authority organized and a body politic and corporate; and
WHEREAs, Section 349.03(B) of the Ohio Revised Code authorizes the amendment of the Petition by filing an application to add land to the new community district (the "District") at any time after the creation of the Authority, and upon the filing of such an application the organizational board of commissioners shall follow the same procedure to approve the amendment as required by Section 349.03 in relation to the Petition; and
WHEREAS, on June 3, 2010, the Gay Street Condominium, LLC (the "Developer") executed the First Amendment to Petition for Organization of a New Community Authority (the "First Amendment"), which proposed the addition of certain parcels of real property to the District; and
WHEREAS, this Council, as the organizational board of commissioners, enacted Ordinance 0826-2010 on June 7, 2010, determining that the First Amendment complied as to form and substance with the requirements of 349.03(A) of the Ohio Revised Code and fixing the time and place for a hearing on the First Amendment; and
WHEREAS, this Council, as the organizational board of commissioners, held a hearing on the First Amendment on June 28, 2010, after public notice was duly published in accordance with Section 349.03(A) of the Ohio Revised Code; and
WHEREAS, City Council, as the organizational board of commissioners, enacted Ordinance 0926-2010 on June 28, 2010, determining that the District, as amended by the First Amendment, would be conductive to the public health, safety, convenience and welfare and was intended to result in the development of a "new community", as those terms are defined in Section 349.01(A) of the Ohio Revised Code; and
WHEREAS, the Developer, as the "developer" for the District within the meaning of Section 349.01(E) of the Ohio Revised Code, has submitted to the City a Second Amendment to Petition for Organization of a New Community Authority (the "Second Amendment") to further amend the Petition in order to (i) add certain parcels of real property described in the Second Amendment (collectively, the "Subject Property") to the District; (ii) update the proposed New Community Development Program and Plan set forth in Exhibit C to the Petition to include the construction of a 258 unit apartment building within the District and reduce the amount of condominium units from approximately 250 units to approximately 182 units; and (iii) adjust the expected total population of the District to 824 upon full build-out; and
WHEREAs, the Developer has requested that this Council (i) authorize and direct the City Clerk to execute on behalf of the City, as the "proximate city", the Second Amendment, in the form currently on file with the City's Department of Development, in order to indicate the approval of that Second Amendment by the City, as the "proximate city", and (ii) as the organizational board of commissioners, determine that the Second Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code, and the Developer further requests that City Council fix the time and place of a hearing on the Second Amendment (which hearing, pursuant to Section 349.03(A) of the Ohio Revised Code, must be held not less than thirty nor more than forty-five days after the filing of the Second Amendment); and
WHEREAS, an emergency exists in that it is immediately necessary to authorize the City Clerk to execute the Second Amendment and to determine the sufficiency of and fix the public hearing date to approve the Second Amendment in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code for the holding of a public hearing prior to approving the Second Amendment and also to facilitate the development of the real property within the Authority's District, such immediate action being necessary for the preservation of the public health, peace, property and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. The City Clerk is hereby authorized to execute the Second Amendment on behalf of the City. That signature of the City Clerk is for the sole purpose of evidencing the "proximate city" approval of the City and its legislative authority of the Second Amendment. The City Clerk is authorized to execute the Second Amendment in substantially the form currently on file with the City's Department of Development, with such changes therein or completions thereto as are not inconsistent with this Ordinance and not substantially adverse to the City and that are approved by the City Clerk on behalf of the City, after approval of any such changes or completions by the City Attorney, all of which shall be conclusively evidenced by the signing of the Second Amendment by the City Clerk.
Section 2. This Council has examined the Second Amendment and hereby finds and determines that the Second Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code.
Section 3. A public hearing on the Second Amendment shall be held on [Monday, November 19, 2012, commencing at 5:00 p.m.] in Council Chambers at 90 West Broad Street, 2nd Floor, Columbus, Ohio 43215.
Section 4. The City Clerk shall inform the Clerk of the Franklin County Board of Commissioners of the time and place of that public hearing and shall arrange for notice of that public hearing by publication once each week for three consecutive weeks in a newspaper of general circulation in Franklin County pursuant to Section 349.03(A) of the Ohio Revised Code.
Section 5. 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 the passage if the Mayor neither approves nor vetoes the same.