Explanation
BACKGROUND: This ordinance authorizes the Director of Development to enter into a First Amendment (“First Amendment”) to the Intergovernmental Cooperation Agreement (“ICA”) with the Hayden Run Community Development Authority (“Authority”) regarding the placement and use of community development charge revenues held by and expected to come to the Authority two times per year from the Franklin County Auditor. The City and the Authority desire to enter into a First Amendment to the Agreement to allow for the construction of additional Community Facilities in the Northwest Pay As We Grow area and of benefit to the Authority’s District, and the levying and collecting annually the Community Development Charges sufficient to compensate the City for constructing those new Community Facilities and any appurtenant costs therefor.
Columbus City Council Ordinance 1374-2007 approved the establishment of the Authority and the Hayden Run Community Development District (“District”) as provided under Chapter 349 of the Ohio Revised Code. The District encompasses various neighborhoods in northwest Columbus generally to be developed 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 under the City’s program to Pay as We Grow and Grow with a Plan (“Pay As We Grow”). Ordinance 0312-2008, passed by City Council on June 8, 2009, authorized the ICA by and between the City of Columbus (“City”) and the Authority dated as of June 24, 2009.
FISCAL IMPACT: No funding is required for this legislation.
Title
To authorize the Director of the Department of Development to enter into, on behalf of the City of Columbus, a First Amendment to the Intergovernmental Cooperation Agreement with the Hayden Run Community Development Authority for the purpose of continuing to provide for the placement and use of community development charge revenues in a cooperative manner best designed to support the public infrastructure commitments; and to declare an emergency.
Body
WHEREAS, the Hayden Run Community Development Authority (“Authority”) has heretofore been duly created pursuant to the authority contained in Chapter 349 of the Ohio Revised Code (“Chapter 349”) to govern the Hayden Run Community Development District (“District”), following the filing of a petition in the office of Clerk of the Columbus City Council and the passage by the Columbus City Council of legislation approving the petition and establishing the Authority; and
WHEREAS, the City of Columbus (the “City”) and the Authority entered into an Intergovernmental Cooperation Agreement (the “ICA”) in order to enable the construction of certain Community Facilities (the “Community Facilities”) as permitted under Chapter 349, and the collection and assignment of community development charges (the “Community Development Charges”), which Agreement was authorized by City Council Ordinance 0312-2008; and
WHEREAS, pursuant to the ICA the City has agreed to construct Community Facilities for the Authority in exchange for the Authority’s levying and collecting annually the Community Development Charges sufficient to compensate the City for constructing those Community Facilities and any appurtenant costs therefor; and
WHEREAS, to encourage the developers of residential and commercial properties within the Northwest Pay As We Grow area to petition to place such properties into the Authority’s District, the City and the Authority desire to enter into a First Amendment to the ICA (“First Amendment”) to allow for the construction of additional Community Facilities in the Northwest Pay As We Grow area and of benefit to the Authority’s District, and the levying and collecting annually the Community Development Charges sufficient to compensate the City for constructing those new Community Facilities and any appurtenant costs therefor ; and
WHEREAS, the Board of the Hayden Run Community Development Authority on July 30, 2015 passed Resolution 2015-3 approving the First Amendment, and the Authority Treasurer has accordingly signed same; and
WHEREAS, an emergency exists in that it is immediately necessary to authorize the Director of Development to enter into the aforementioned First Amendment so that the Authority may proceed expeditiously to dispose of the community development charge funds cooperatively in order to facilitate the development of the City’s northwest quadrant and to provide for infrastructure improvements and public services based upon the Pay As We Grow and Grow with a Plan initiative and the Northwest Memorandum of Understanding, as amended, 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 the Director of the Department of Development be and hereby is authorized to enter into on behalf of the City of Columbus a First Amendment to the Intergovernmental Cooperation Agreement with the Hayden Run Community Development Authority for the purpose of continuing to provide for the placement and use of community development charge revenues in a cooperative manner best designed to support the public infrastructure commitments.
SECTION 2. 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.