Explanation
BACKGROUND: This ordinance expresses City Council's determination that the petition to create a proposed new community district to be governed by The RiverSouth Authority will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community. This ordinance also declares The RiverSouth Authority to be organized and a body politic and corporate, designates the name of the Authority, defines the boundary of the new community district, provides the method of selecting the board of trustees of the new community authority, appoints the five members of its board of trustees to be appointed by the City fixes the surety for the trustees' bonds, and declares an emergency.
This ordinance is being submitted as an emergency in order to comply with the conditions set forth in Chapter 329 of the Ohio Revised Code for establishing a community authority.
FISCAL IMPACT: No funding is required for this legislation.
Title
To make a finding that the proposed new community district to be governed by The RiverSouth Authority will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community; to declare The RiverSouth Authority to be organized and a body politic and corporate; to designate the name of the new community authority; to define the boundary of the new community district; to provide the method of selecting the board of trustees of the new community authority; to appoint the four members of the board of trustees to be appointed by the city as citizen members and the one member of the board of trustees to be appointed by the City as the representative of local government; to fix the surety for the trustees' bonds; and to declare an emergency.
Body
WHEREAS, pursuant to Chapter 349 of the Ohio Revised Code, a petition (the "Petition") for the establishment of The RiverSouth Authority (the "Authority") to govern a proposed new community district (the "District") was filed with the office of the clerk of the Columbus City Council on March 15, 2004; and
WHEREAS, the "organizational board of commissioners," as that term is defined in Section 349.01(F) of the Ohio Revised Code, for the proposed Authority is comprised solely of the Columbus City Council; and
WHEREAS, pursuant to Section 349.03(A) of the Ohio Revised Code, the Columbus City Council, as the organizational board of commissioners, has held a public hearing on the Petition after public notice was duly published in accordance with Section 349.03 of the Ohio Revised Code; and
WHEREAS, an emergency exists in that the formation of the Authority must occur immediately in order to comply with the conditions set forth in Chapter 329 of the Ohio Revised Code and to expediently facilitate the revitalization of the City's Downtown and to create and preserve jobs and employment opportunities, all for the immediate preservation of the public health, property, safety and welfare; Now, Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That City Council finds and determines that the District will be conducive to the public health, safety, convenience and welfare, and is intended to result in the development of a new community as defined in Section 349.01(A) of the Ohio Revised Code.
Section 2. That the Petition is hereby accepted and shall be recorded, along with this Resolution, in the journal of the Columbus City Council, as the organizational board of commissioners, and in the journal of the Board of County Commissioners of Franklin County, pursuant to Section 349.03(A) of the Ohio Revised Code.
Section 3. That the Authority is hereby organized and a body politic and corporate.
Section 4. That the corporate name of the Authority shall be "The RiverSouth Authority".
Section 5. That the District shall be defined to have the boundary set forth in the Petition.
Section 6. That the Board of Trustees of the Authority shall be composed of nine members selected as provided in the Petition.
Section 7. That the City appoints the following five members to serve on the Board of Trustees of the Authority, each in the position and for the term indicated beside such member's respective name:
Ty D. Marsh Citizen Member 2 year term
Wyatt Kingseed Citizen Member 2 year term
Larry Sowers Citizen Member 1 year term
Terry Gehr Citizen Member 1 year term
Trudy Bartley Local Government Representative 2 year term
Section 8. That the Developer shall appoint the remaining four members to serve on the Board of Trustees of the Authority as representatives of the Developer, and shall designate two of those members to serve an initial one year term with the remaining members appointed by the Developer to serve an initial two year term. Those appointments and designations shall be in writing filed with the City Clerk within ten days after the passage of this Ordinance.
Section 9. That pursuant to Section 349.04 of the Ohio Revised Code, there shall be posted for each member of the Board of Trustees of the Authority a bond in the amount of $10,000 for the faithful performance of its duties. The bond shall be with a company authorized to conduct business within the State of Ohio as a surety and shall be deposited with and preserved by the City Clerk.
Section 10. 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.