Explanation
Background: The City is proposing to jointly create with Franklin County a new port authority focused on serving the economic development needs of the City and Franklin County. Formation of this port authority will require the execution of an agreement between the City and Franklin County to provide for the jurisdiction, governance, powers and funding of the port authority. This ordinance approves the form of this agreement and authorizes the Mayor to execute this agreement and provides City Council's advice and consent to the Mayor's appointments to the port authority's board of directors as provided in this agreement.
Fiscal Impact: No funding is required for this legislation. Companion legislation will be submitted to appropriate funding for the support of the port authority in the amount of $200,000 under the terms of the proposed port authority agreement. The port authority agreement also requires Franklin County to match City payments. The port authority agreement also provides that the City will, subject to future appropriations, provide up to $200,000 of funding in years 2007 through 2010 to the port authority.
Title
To approve and authorize the Mayor to execute a Port Authority Agreement between the City and Franklin County in order to create a new port authority serving the economic development needs of the City and Franklin County; to authorize appointments to the new port authority's board of directors; and to declare an emergency.
Body
WHEREAS, Ohio Revised Code Sections 4582.21 through 4582.59 (as amended from time to time, the "Port Act") authorizes a city and a county to act jointly to create a port authority which shall have territorial limits co-terminus with the limits of the city and the county creating the port authority; and
WHEREAS, the City and Franklin County, Ohio (the "County") have determined that it is desirable and necessary that a port authority (the "Port Authority") be created pursuant to the provisions of the Port Act to serve the economic development needs of the City and the County; and
WHEREAS, the City and the County desire to enter into a written port authority agreement (the "Port Authority Agreement") to provide for the jurisdiction, governance, powers and funding of the port authority; and
WHEREAS, Columbus City Council sees many ways the port authority can prove beneficial to our citizens, spurring economic development and creating jobs, and leveraging our public investment by boosting the growth expansion of new businesses like those emerging from the 315 Research and Technology Corridor; and,
WHEREAS, the proposed Port Authority Agreement provides that the Authority shall be governed by a nine (9) member Board of Directors, each of whom shall serve for a term of four years (except in the case of initial appointees who may serve shorter terms), of which four (4) shall be appointed by the Mayor of the City of Columbus with the advice and consent of the City Council, and four (4) shall be appointed by the Franklin County Board of Commissioners (hereafter "BOCC"), and one (1) shall be appointed jointly, for the terms of office set forth below in Section 2 of this ordinance; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Mayor to enter into the proposed Port Authority Agreement without delay so that actions necessary to establish the proposed Port Authority can begin at the earliest date possible, thereby preserving the public health, peace, property, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the form of Port Authority Agreement presently on file with the City Clerk, providing for, among other things, the Port Authority's jurisdiction, governance, powers and funding, 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 Mayor and the City Attorney. The Mayor, for and in the name of the City of Columbus is hereby authorized to execute the Port Authority Agreement with the County in substantially that form along with any changes and amendments thereto, provided that the approval of such changes and amendments thereto by the Mayor and the City Attorney, and the character of those changes and amendments as not being substantially adverse to this City, shall be evidenced conclusively by the Mayor's execution thereof. Such Agreement shall contain a provision specifically permitting the City Auditor upon reasonable prior notice to access and review the books and records of the Authority. Any expenditure required by the City pursuant to the terms of the Port Authority Agreement is subject to and expressly contingent upon the prior authorization and appropriation for such purposes by ordinance duly passed by the City Council and certification by the City Auditor that such monies are in the City treasury to the credit of the fund from which they are to be drawn and are not appropriated for any other purpose.
Section 2. That the Council hereby authorizes the Mayor, subject to the future advice and consent of the Council, to appoint four individuals, and to appoint jointly with the BOCC a fifth individual, as members of the Board of Directors of the proposed Authority upon its creation for the following respective terms of office: one member for a term commencing May 1, 2006 and ending April 30, 2007; one member for a term commencing May 1, 2006 and ending April 30, 2008; two members for a term commencing May 1, 2006 and ending April 30, 2009; and one member to be appointed jointly with the BOCC to be selected in the manner set forth in the Port Authority Agreement for a term commencing May 1, 2006 and ending April 30, 2010; thereafter upon the expiration of the term of each member of the Board, the term of office for each succeeding appointee shall be four years.
Section 3. In addition to operating support, the City and the County agree, subject to appropriation by the Council and the BOCC in the year or years to be paid, to each provide 50% of the funding for the planned 5 million dollar bond reserve fund for the Finance Port Authority, to the extent that the funding of that bond reserve fund is not provided from other sources.
Section 3 4. That Council hereby authorizes and directs the Mayor and other appropriate officers of the City as are required by the City Charter and the ordinances of the City to prepare and sign all agreements and instruments and to take any other actions as may be appropriate to implement this Ordinance and establish the Port Authority.