Explanation
BACKGROUND: This ordinance expresses City Council's determination that the petition to create a proposed new community district to be governed by The Central College Community Development Authority will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community. This ordinance also declares The Central College Community Development Authority to be organized and a body politic and corporate, designates the name of the new community authority, defines the boundary of the new community district, provides the method of selecting the board of trustees of the new community authority, appoints the four members of its board of trustees to be appointed by the City, and fixes the surety for the trustees' bonds.
FISCAL IMPACT: No funding is required for this legislation.
Title
To find that the proposed new community district to be governed by The Central College Community Development Authority will be conducive to the public health, safety, convenience and welfare, and is intended to result in the development of a new community; to declare that Authority to be organized in that name and a body politic and corporate and define its boundary; to provide the method of selecting that Authority's board of trustees and appoint four members to that board; and to fix the surety for the trustees' bonds.
Body
WHEREAS, pursuant to Chapter 349 of the Ohio Revised Code, a petition (the "Petition") for the establishment of The Central College Community Development Authority (the "Authority") to govern The Central College Community Development District (the "District") was filed with the office of the clerk of the Franklin County Board of Commissioners and the office of the Clerk of the Columbus City Council, as required by Chapter 349 of the Ohio Revised Code, on June 27, 2008; and
WHEREAS, the "organizational board of commissioners," as that term is defined in Section 349.01(F) of the Ohio Revised Code, for the proposed Authority is comprised solely of the Columbus City Council; and
WHEREAS, City Council enacted Ordinance No. 0976-2008 on June 18, 2008, which ordinance directed the City Clerk to execute and sign the Petition on behalf of the City of Columbus and the Columbus City Council; and
WHEREAS, City Council enacted Ordinance No. 1122-2008 on July 9, 2008, which ordinance determined that the Petition complies with the requirements of Chapter 349.03(A) of the Ohio Revised Code and fixed the time and place for a hearing on the establishment of the Authority; and
WHEREAS, pursuant to Section 349.03(A) of the Ohio Revised Code, the Columbus City Council, as the organizational board of commissioners, held a public hearing on the Petition on July 28, 2008, after public notice was duly published in accordance with Section 349.03 of the Ohio Revised Code; and NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That this Council finds and determines that the District will be conducive to the public health, safety, convenience and welfare, and is intended to result in the development of a new community as defined in Section 349.01(A) of the Ohio Revised Code.
Section 2. That the Petition is hereby accepted and shall be recorded, along with this ordinance, in the journal of the Columbus City Council, as the organizational board of commissioners, and in the journal of the Board of County Commissioners of Franklin County, pursuant to Section 349.03(A) of the Ohio Revised Code.
Section 3. That the Authority is hereby organized and a body politic and corporate.
Section 4. That the corporate name of the Authority shall be "The Central College Community Development Authority."
Section 5. That the District shall have the boundary set forth in the Petition.
Section 6. That the Board of Trustees of the Authority shall be composed of seven members selected as provided in the Petition.
Section 7. That the City appoints the following four members to serve on the Board of Trustees of the Authority, each in the position and for the term indicated beside such member's respective name:
David Paul Citizen Member 2 year term
Mary Speece Citizen Member 1 year term
Barbara Rousey Citizen Member 1 year term
David Hull Local Government Representative 2 year term
Section 8. That M/I Homes of Central Ohio, LLC, Dominion Homes, Inc. and Homewood Corporation (the "Developers") shall appoint the remaining three members to serve on the Board of Trustees of the Authority as representatives of the Developers and shall designate one of those members to serve an initial two-year term. Those appointments and designations shall be in writing filed with the City Clerk within ten days after the passage of this Ordinance.
Section 9. That pursuant to Section 349.04 of the Ohio Revised Code, there shall be posted for each member of the Board of Trustees of the Authority a bond in the amount of $10,000 for the faithful performance of his or her duties. That bond shall be with a company authorized to conduct business within the State of Ohio as a surety and shall be deposited with and preserved by the City Clerk.
Section 10. That the Director of Development and other appropriate officers of the City are hereby authorized and directed to take such actions and make such arrangements that are consistent with the purpose of this Ordinance and necessary and proper for the establishment, operation and future growth of the Authority, including executing those supplements to the Amended and Restated Declaration of Covenants, Restrictions and Agreements for the Authority necessary to add property to the territory covered by that Declaration.
Section 11. This ordinance shall take effect and be in force from and after the earliest period allowed by law.