Explanation
The City of Columbus (this “City”), Harrison Township (the “Township”) and the Village of Ashville (the “Village”) executed a Joint Economic Development District Contract, executed as of August, 2007 the “Original JEDD Contract”), creating the Northern Pickaway County Joint Economic Development District (the “JEDD”). The JEDD currently encompasses a portion of the Township (the “Original JEDD Area”). Pursuant to the Original JEDD Contract, the Board of Directors for the JEDD (the “JEDD Board”) imposed a 2.50% tax on income withheld from employees working within the JEDD Territory and on net business profits sitused in the Original JEDD Area. NorthPoint Development, LLC (“NorthPoint”) desires to develop a parcel of land for commercial purposes (the “Project” or “Project Area”) at a site within the boundaries of the Township (the “JEDD Addition,”) provided that the appropriate economic development incentives are available to support the economic viability of the Project. The JEDD Addition is located outside of the Original JEDD Area. The Original JEDD Area and the JEDD Addition are referred to collectively here in as the “Expanded JEDD Area.” The City desires to add the JEDD Addition to the Original JEDD Area by executing a First Amendment to Northern Pickaway County Joint Economic Development Contract (the “First Amendment to JEDD Contract”).
Title
To authorize the Director of Development, on behalf of the City, to execute the First Amendment to the Northern Pickaway Joint Economic Development District (JEDD) Contract and the First Amendment to the Harrison Township Annexation Moratorium Agreement; and to declare an emergency.
Body
WHEREAS, pursuant to Ohio Revised Code (“R.C.”) Section 715.70-72 (the “JEDD Statute”), the City of Columbus (this “City”), Harrison Township (the “Township”) and the Village of Ashville (the “Village”) executed a Joint Economic Development District Contract, executed as of August 30, 2007 (the “Original JEDD Contract”), creating the Northern Pickaway County Joint Economic Development District (the “JEDD”). The JEDD currently encompasses a portion of the Township (the “Original JEDD Area”); and
WHEREAS, pursuant to the Original JEDD Contract, the Board of Directors for the JEDD (the “JEDD Board”) imposed a 2.50% tax on income withheld from employees working within the JEDD Territory and on net business profits sitused in the Original JEDD Area; and
WHEREAS, NorthPoint Development, LLC (“NorthPoint”) desires to develop a parcel of land for commercial purposes (the “Project” or “Project Area”) at a site within the boundaries of the Township (the “JEDD Addition,”) which is further described on the attached Exhibit A and incorporated herein by this reference), provided that the appropriate economic development incentives are available to support the economic viability of the Project. The JEDD Addition is located outside of the Original JEDD Area. The Original JEDD Area and the JEDD Addition are referred to collectively here in as the “Expanded JEDD Area.” The Expanded JEDD Area is depicted on Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, this Council desires to add the JEDD Addition to the Original JEDD Area by executing a First Amendment to the Northern Pickaway County Joint Economic Development Contract (the “First Amendment to JEDD Contract”), substantially in the form attached hereto as Exhibit B and incorporated herein by this reference; and
WHEREAS, this Council desires to enter into the First Amendment to JEDD Contract for the purpose of facilitating economic development, to create jobs and employment opportunities and to improve the economic welfare of the people in this City, the Township, the Village, Pickaway County (the “County”), and the State of Ohio (the “State”) and anticipates that adding the JEDD Addition to the Original JEDD Area will bring economic development, jobs and revenue to this City, the Township, the County and the State; and
WHEREAS, the JEDD Addition meets all the criteria set forth in R.C. Sections 715.70-72; and
WHEREAS, this Council has authority to enter into the First Amendment to JEDD Contract pursuant to the JEDD Statutes; and
WHEREAS, pursuant to R.C. Sections 715.72(L)(2), this Council has made available for public inspection a copy of the First Amendment to JEDD Contract, a description of the area to be added to the Original JEDD Area, and a map of the area to be added to the Original JEDD Area in sufficient detail to denote the specific boundaries of the area and to indicate any zoning restrictions applicable to the area; and
WHEREAS, pursuant to R.C. Sections 715.72(I)(1), this Council has published a notice of public hearing in a newspaper of general circulation in this City, certificates of which are attached hereto as Exhibit C; and
WHEREAS, NorthPoint, as the only owner of the JEDD Addition and the Developers as the only owners of a business located within the JEDD Addition, have filed property owner and business owner petitions pursuant to R.C. Section 715.72(L)(3), thus alleviating the need for this City to give notice as would otherwise have been required under R.C. Section 715.72(J); and
WHEREAS, pursuant to R.C. Sections 715.72(L)(2), this Council has held a public hearing allowing for public comment and recommendations on the First Amendment to JEDD Contract and the JEDD; and
WHEREAS, pursuant to Ohio Revised Code (“R.C.”) Section 709.192, this City, the Township and the Village executed the Harrison Township Annexation Moratorium Agreement (the “Original AMA”) effective August 30, 2007. A copy of the Original AMA is attached hereto as Exhibit D and incorporated herein by this reference; and
WHEREAS, this City, the Township, the Village and the Developers desire to reaffirm that the Project Area is included in the Original AMA Area by executing the First Amendment to Harrison Township Annexation Moratorium Agreement attached hereto as Exhibit E. The Original AMA Area and the Project Area are referred to collectively here in as the “Reaffirmed AMA Area;: and
WHEREAS, an emegency exists in the usual daily operation of the Department of Development in that is necessary to authorize the immediate amendment to these multi-party agreements so that the proposed development can proceed without delay and for the immediate preservation of the public peace, property, health and safety; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That this Council hereby finds and determines that the terms of the First Amendment to JEDD Contract are in the best interests of this City and its residents and will enhance economic development, create jobs and employment opportunities, and improve the economic welfare of the people in this City, the Township, the Village, the County, and the State.
SECTION 2. That this Council hereby approves the execution of the First Amendment to JEDD Contract and the First Amendment to Harrison Township Annexation Moratorium Agreement and authorizes the Director of Development to execute the First Amended JEDD Contract and the First Amendment to the Harrison Township Annexation Moratorium Agreement on behalf of this City substantially in the form attached hereto as Exhibit B and Exhibit E, with such non-material and/or non-adverse changes as may be deemed appropriate by the Director of Development and the City Attorney. Such execution on behalf of this City shall constitute conclusive evidence of this Council’s approval of any such changes. This Council further authorizes and directs the Director of Development uncil to take any further actions, and to execute and deliver any further agreements, certificates or documents that are necessary, reasonable or appropriate to carry out the purposes of the First Amended JEDD Contract and the First Amendment to the Hamilton Township Annexation Moratorium Agreement.
SECTION 3. That the City Clerk is hereby authorized and directed to file with the Director of the Ohio Development Services Agency, in conjunction with the Village and Township, all documents required to be filed under R.C. Sections 715.72(O), including, without limitation, (i) a signed copy of the First Amendment to JEDD Contract, (ii) a description of the area to be added to the Original JEDD Area, including a map in sufficient detail to denote the specific boundaries of the area and to indicate any zoning restrictions applicable to the area, (iii) a certified copy of this Ordinance, (iv) a certificate of this City that the public hearings required by R.C. Sections 715.72(L)(2) were held, the date of the hearings, and evidence of publication of the notice of the hearings, (v) the petition signed by the Authority as the only owner of the JEDD Addition and (vi) the petition signed by the Developers as the only owners of a business located within the JEDD Addition.
SECTION 4. That this Council hereby consents, pursuant to R.C. Section 715.72(U), to the granting of tax exemptions in the Expanded JEDD Area, including but not limited to exemptions under R.C. Section 3735.67, notwithstanding anything to the contrary in the JEDD Agreement.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby 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 the same.