Explanation
BACKGROUND: By Ordinance Nos. 2446-2003, 0451-2004, and 1007-2004, City Council, as the “organizational board of commissioners,” determined a petition for a new community authority filed with the Clerk of City Council by Downtown Columbus, Inc., formerly Columbus Downtown Development Corporation, (the “Developer”) was sufficient and established the RiverSouth Authority (the “Authority”) pursuant to Ohio Revised Code Chapter 349 to support the redevelopment of several square blocks in downtown Columbus generally bounded by Town Street and State Street on the north, High Street and Wall Street on the east, Rich Street and Cherry Street on the south, and Front Street and Ludlow Street on the west (the “District”). In partnership with the City to implement the 2022 Downtown Columbus Strategic Plan adopted by City Council pursuant to Resolution No. 0164X-2022, the Developer is currently planning new financing, land acquisition, land development, and community facilities in downtown Columbus. By Resolution Nos. 0018X-2023, 0034X-2023, and 0046X-2023, the District was expanded by a first amendment to petition to include three additional non-adjacent properties located near the following intersections: Long Street and Wall Street, Gay Street and Front Street, and Walnut Street and Washington Avenue.
The Developer now seeks to again add to the District certain additional properties it owns or controls. On or about October 23, 2024, the Developer submitted to the Clerk of City Council a second amendment to petition (the “Second Amendment”) to add the Developer’s additional properties to the District. By Resolution 0289X-2024, City Council determined the sufficiency of the Second Amendment, and fixed the time and place for a public hearing on the Second Amendment, which was held November 22, 2024. This Resolution expresses City Council’s authorization that the Second Amendment for another expansion of the District is approved and will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community. This Resolution also declares that the second expansion of the District will be consistent with the development of the new community, will not jeopardize the plan of the new community, is intended to result in the development of the new community, and defines the boundary of the new community district.
Emergency Justification: An emergency exists in the usual daily operation of the Department of Development because the Authority needs the properties described in the Second Amendment to be immediately added to the District in order to allow the Authority by law to use its financing to acquire one or more of those properties in the expanded area of the District prior to the closing deadline before the end of the year set by the seller, which such acquisition is immediately necessary to the Department of Development implementing the 2022 Downtown Columbus Strategic Plan.
FISCAL IMPACT: No funding is required for this legislation.
Title
To approve the Second Amendment to Petition for Organization of a New Community Authority for expansion of the new community district of the RiverSouth Authority; to authorize the expansion of the new community district of the RiverSouth Authority and define the boundary of the expanded new community district to include certain additional property owned or controlled by Downtown Columbus, Inc., formerly Columbus Downtown Development Corporation; to certify compliance of the requirements of the public hearing on the second expansion area; and to declare an emergency. ($0.00)
Body
WHEREAS, pursuant to Chapter 349 of the Ohio Revised Code, on March 15, 2004, Downtown Columbus, Inc., formerly Columbus Downtown Development Corporation, (the “Developer”) filed the Petition for Organization of a New Community Authority (the “Original Petition”) for the establishment of the RiverSouth Authority (the “Authority”) with the Clerk of City Council (the “City Clerk”); and
WHEREAS, City Council passed Ordinance No. 2446-2003 on November 17, 2003, which directed the City Clerk to execute and sign the Original Petition on behalf of City Council and the City of Columbus; and
WHEREAS, City Council, as the “organizational board of commissioners” as that term is defined in Section 349.01(F) of the Ohio Revised Code, passed Ordinance No. 0451-2004 on March 15, 2004, determining that the Original Petition complied as to form and substance with the requirements of Section 349.03(A) of the Ohio Revised Code and fixing the time and place for a hearing on the establishment of the Authority; and
WHEREAS, City Council, as the organizational board of commissioners, held a public hearing on the Original Petition on April 19, 2004, after public notice was duly published in accordance with Section 349.03(A) of the Ohio Revised Code; and
WHEREAS, City Council passed Ordinance No. 1007-2004 on June 21, 2004, determining that the RiverSouth District encompassing several square blocks in southwest downtown Columbus (the “District”) would be conducive to the public health, safety, convenience and welfare and that it was intended to result in the development of a new community as described in Chapter 349 of the Ohio Revised Code, and declaring the Authority organized as a body corporate and politic in the State of Ohio; and
WHEREAS, pursuant to Section 349.03(B) of the Ohio Revised Code, on January 19, 2023, the Developer submitted to the City Clerk the Amendment to Petition for Organization of a New Community Authority (the “First Amendment”) to add additional non-adjacent properties to the District; and
WHEREAS, City Council, as the organizational board of commissioners, adopted Resolution No. 0018X-2023 on January 30, 2023, as amended by Resolution No. 0034X-2023 adopted on February 27, 2023, determining that the First Amendment complied as to form and substance with the requirements of Section 349.03(A) of the Ohio Revised Code, authorizing the consent to add certain property to the District, and fixing the time and place for a hearing on the first expansion of the District; and
WHEREAS, City Council, as the organizational board of commissioners, held a hearing on the First Amendment on February 21, 2023, after public notice was duly published in accordance with Section 349.03(A) of the Ohio Revised Code; and
WHEREAS, City Council, as the organizational board of commissioners, adopted Resolution No. 0046X-2023 on April 3, 2023, authorizing the first expansion of the District pursuant to the First Amendment, approving supplementation of the Authority’s new community development program in alignment with the 2022 Downtown Columbus Strategic Plan adopted by City Council pursuant to Resolution No. 0164X-2022, and certifying that the public hearing was held in compliance with the requirements of Chapter 349 of the Ohio Revised Code; and
WHEREAS, Section 349.03(B) of the Ohio Revised Code authorizes the Developer to file one or more amendments of the Original Petition by filing an application to add land to the District at any time after the creation of the Authority, and upon the filing of such an application, City Council, as the organizational board of commissioners, shall follow the same procedure to approve the amendment as required by Section 349.03 in relation to the Original Petition; and
WHEREAS, the Developer, as the “developer” within the meaning of Section 349.01(E) of the Ohio Revised Code, filed on or about October 23, 2024 a second amendment to the Original Petition (the “Second Amendment”) with the City Clerk as required by Chapter 349.03(B) of the Ohio Revised Code for the second addition of territory of the District as shown on Exhibit A attached thereto (the “Expansion Area”); and
WHEREAS, City Council, as the organizational board of commissioners, passed Resolution No. 0289X-2024 on November 4, 2024, determining that the Second Amendment complied as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code and fixing the time and place for a hearing on the Second Amendment; and
WHEREAS, the Department of Development certifies to City Council that the public hearing was held on November 22, 2024 as advertised as attested on the Certificate of Compliance with the public hearing requirements attached hereto as Exhibit B (the “Certification”); and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development because in order for it to implement the 2022 Downtown Columbus Strategic Plan, it also needs the Authority to use its financing to acquire one or more of those properties in the Expansion Area prior to the closing deadline before the end of the year set by the seller, which the Authority cannot use its financing on such acquisition until the properties in the Expansion Area are immediately added to the District prior to the closing date, all for the immediate preservation of the public health, peace, property, and safety of the City; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That this Council acknowledges and determines that it is the “organizational board of commissioners” of the Authority for all purposes of Chapter 349 of the Ohio Revised Code; that this Council finds and determines, pursuant to Section 349.03 of the Ohio Revised Code, that the expansion of the District to include the Expansion Area as contemplated by the Second Amendment will be conducive to the public health, safety, convenience, and welfare, and will be consistent with the development of the “new community” as described in Section 349.01(A) of the Ohio Revised Code, will not jeopardize the plan of the new community, and is intended to result in the development of the new community.
Section 2. That the Second Amendment is hereby accepted and shall be recorded, along with this Ordinance, in the journal of the City Council, as the organizational board of commissioners, pursuant to Section 349.03 of the Ohio Revised Code.
Section 3. That the District shall be expanded to include the Expansion Area, which defines the boundaries of the District to now also include the Expansion Area as well as those consistent with the boundaries described in the Petition and First Amendment.
Section 4. That this Council finds and determines that the public hearing was held as advertised as attested by the Department of Development on the Certification.
Section 5. That for the reasons stated in the preamble hereinabove, 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 the passage if the Mayor neither approves nor vetoes the same.