Explanation
Background: The Department of Development is proposing the establishment under Ohio Revised Code Section 5709.40(C) of one or more tax increment financing (TIF) incentive districts in an area in the southeastern portion of the City generally bounded by Ebright Road on the west, U.S. Route 33 on the southwest, Winchester Pike on the northeast and Bixby Road on the south (the "Area") in order to facilitate the development and infrastructure needs of the Area.
The legislation implementing any TIF incentive district in the Area will not be able to be passed prior to January 1, 2006, the date the new TIF law takes effect. In order to preserve the ability for the City to create TIF incentive districts under the existing TIF law, the City and developers of the Area must enter into an agreement for the development of the projects in the Area. The attached ordinance authorizes the Director of the Department of Development to enter into such an agreement substantially in the form presently on file with the Clerk of Council.
Fiscal Impact: No funding is required for this legislation.
Title
To authorize the Director of the Department of Development to enter into an agreement with the developers of the area in the southeastern portion of the City to provide for the development and infrastructure improvement needs of that area; and to declare an emergency.
Body
WHEREAS, this Council, by its Ordinance 0123-2000 passed on January 31, 2000, adopted the Southeast Area Plan as the official policy document for the Southeast planning area (the area generally bounded by Blacklick Creek, U.S. Route 33 and the Franklin County line), which plan addresses the development and infrastructure needs and goals for the planning area, which include maximizing open space and protecting environmental resources within the planning area while encouraging innovative and livable developments; and
WHEREAS, in an effort to develop the Southeast planning area in a manner consistent with the goals of the Southeast Area Plan, the developers (collectively, the "Developers") of a portion of the Southeast planning area generally bounded by Ebright Road on the west, U.S. Route 33 on the southwest, Winchester Pike on the northeast and Bixby Road on the south (the "Area") intend to make or cause to be made certain improvements (the "Projects") to the Area; and
WHEREAS, in furtherance of these Projects, it will be necessary to construct or cause to be constructed certain public infrastructure improvements that will directly benefit the Projects and the Area (the "Public Infrastructure Improvements"); and
WHEREAS, this Council has determined that it is necessary and appropriate and in the best interests of this City to preserve the option of establishing one or more tax increment financing incentive districts in the Area for the purpose of funding the Public Infrastructure Improvements; and
WHEREAS, this City does not expect to pass an ordinance implementing any tax increment financing incentive districts until after January 1, 2006; and
WHEREAS, in order to preserve this City's ability to create tax increment financing districts under existing TIF law after January 1, 2006, it is necessary for this City and the Developers to enter into a "project agreement" as defined in Section 557.17 of Amended Substitute House Bill Number 66 of the 126th General Assembly and a "contract or agreement with a developer" for purposes of Ohio Revised Code Section 3317.021(6)(a) as the same may amended from time to time; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to pass this Ordinance as an emergency because of the need to enter into the project and development agreement provided for herein prior to January 1, 2006 to preserve this City's ability to create tax increment financing districts for the Area under existing TIF law after January 1, 2006 to better provide for the preservation of public health, peace, property, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Project and Development Agreement. The form of Project and Development Agreement (the "Agreement") presently on file with the Clerk of this Council is hereby approved and authorized with changes therein and amendments thereto not inconsistent with this Ordinance and not substantially adverse to this City and which shall be approved by the Director of the Department of Development (the "Director"). The Director, for and in the name of this City, is hereby authorized to execute the Agreement with the Developers in substantially that form along with any amendments thereto, provided that the approval of such changes and amendments thereto by the Director, and the character of those changes and amendments as not being substantially adverse to this City, shall be evidenced conclusively by the Director's execution thereof.
Section 2. Further Authorizations. This Council hereby authorizes and directs the Director, the Clerk of Council, the City Attorney, the City Auditor, or other appropriate officers of this City to prepare and sign all agreements and instruments and to take any other actions as may be appropriate to implement this Ordinance.
Section 3. Open Meetings. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council or its committees, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Ohio Revised Code Section 121.22.
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.