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 the area of Franklinton including and surrounding Mount Carmel's West Hospital Campus (the "Area") in order to facilitate the development, redevelopment, neighborhood revitalization and infrastructure needs of the Area.
The legislation implementing any TIF incentive district 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 Mount Carmel Health System 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 Mount Carmel Health Systems providing for the development, redevelopment, neighborhood revitalization and infrastructure improvement needs of the Franklinton area.
Body
WHEREAS, this Council, by its Ordinance 1778-2003 passed on July 21, 2003, adopted The Franklinton Plan as the official policy document for the Franklinton Planning Area (the area generally bounded by the Scioto River on the North, the first set of railroad tracks west of Starling Street on the east, Greenlawn Avenue/City corporate limits/Mound Street on the south, and Central Avenue/I-70 on the west), which plan addresses the development, redevelopment, neighborhood revitalization and infrastructure improvement needs of for that area;
WHEREAS, in an effort to meet these development, redevelopment, neighborhood revitalization and infrastructure improvement needs of the Franklinton Planning Area, Mount Carmel Health System (the "Developer") and this City intend to partner to make or cause to be made certain improvements (the "Projects") to a portion of the Franklinton Planning Area (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 Developer 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; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. 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 Developer 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. This Council hereby authorizes and directs the Director of Development, 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. 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. This Ordinance shall take effect and be in force from and after the earliest period allowed by law.