Explanation
BACKGROUND: This ordinance expresses City Council's determination that the petition to create The Hayden Run Community Development Authority to govern the Hayden Run Community Development District complies with the requirements of Chapter 349.03(A) of the Ohio Revised Code and fixes the time and place for a hearing on the establishment of The Hayden Run Community Development Authority.
The Hayden Run Community Development District encompasses the northwest quadrant of Columbus generally bounded by the Columbus City Limits on the North, the Conrail Railroad Tracks on the East, Hayden Run Road on the South, and Cosgray Road on the West, all to be developed and redeveloped as part of an area characterized by well-balanced and diversified land use patterns to provide facilities for the conduct of commercial, residential, cultural, educational and recreational activities.
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 establishing a community authority.
FISCAL IMPACT: No funding is required for this legislation.
Title
To determine that the petition for the creation of The Hayden Run Community Development Authority complies with the requirements of Section 349.03(A) of the Ohio Revised Code and fix the time and place for a hearing on the establishment of The Hayden Run Community Development Authority; and to declare an emergency. (RATIFIED BY ORDINANCE 1182-2007 PASSED 07/30/07)
Body
WHEREAS, City Council enacted Ordinance 0943-2007 on June 18, 2007 directing the City Clerk to execute and sign on behalf of the City of Columbus and the Columbus City Council a petition (the "Petition") for the creation of The Hayden Run Community Development Authority under Chapter 349 of the Ohio Revised Code; and
WHEREAS, the Petition has been signed by the City Clerk to indicate the approval of the Petition by the City of Columbus as the sole "proximate city," as that term is defined in Section 349.01(M) of the Ohio Revised Code; and
WHEREAS, the Petition has been filed in the office of the clerk of the Franklin County Board of Commissioners and the City Clerk's office as required by Section 349.03(A) of the Ohio Revised Code; and
WHEREAS, upon the filing of the Petition, the Columbus City Council, as the "organizational board of commissioners" as that term is defined in Section 349.01(F) of the Ohio Revised Code, is required to determine whether such petition complies with O.R.C. Section 349.03(A) as to form and substance; and
WHEREAS, upon the determination of City Council that the Petition is sufficient and has been filed in accordance with Section 349.03(A) of the Ohio Revised Code, City Council is required to fix the time and place of a hearing on the Petition for the establishment of a new community authority, which time shall not be less than thirty (30) days nor more than forty-five (45) days after the filing date of the Petition when all "proximate cities" have signed the Petition; and
WHEREAS, an emergency exists in that the determination of sufficiency for the Petition and the fixing of the hearing date for the establishment of the HRCDA must occur immediately in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code and to facilitate the development of the City's northwest quadrant and to affirm financing commitments for infrastructure improvements and public services based upon the Pay As We Grow initiative, said immediate action being in the interest of the City in order to preserve, enhance and protect public health, peace, property and safety; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That City Council has examined the Petition to create The Hayden Run Community Development Authority and hereby determines that such Petition complies with the requirements of Section 349.03(A) of the Ohio Revised Code as to form and substance.
Section 2. That a hearing on the Petition to create The Hayden Run Community Development Authority shall be held commencing at 5:00 pm on Monday, July 23, 2007 in City Council Chambers.
Section 3. That the City Clerk shall inform the Clerk of the Franklin County Board of Commissioners of the time and place of such hearing and shall arrange for notice thereof 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 4. For the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is 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 this Ordinance.