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File #: 2153-2005    Version:
Type: Ordinance Status: Passed
File created: 12/1/2005 In control: Development Committee
On agenda: 12/12/2005 Final action: 12/14/2005
Title: To authorize the Director of Development to enter into an agreement with MI Homes of Central Ohio, LLC, Dominion Homes, Inc., and Homewood Corporation to affirm financing commitments for infrastructure improvements based upon the Pay As We Grow Plan in the Northeast Corridor. ; and to declare an emergency.
Attachments: 1. ORD2153-2005 Northeast MOU Agreement.pdf, 2. ORD2153-2005 MOU Exhibit A.pdf, 3. ORD2153-2005 MOU Exhibit B part I.pdf, 4. ORD2153-2005 MOU Exhibit B part II.pdf, 5. ORD2153-2005 MOU Exhibit C.pdf, 6. ORD2153-2005 MOU Exhibit D.pdf
Explanation
 
Background:
 
In 2004, the City of Columbus became aware of development interest in the Northeast Corridor. The city responded to that interest by engaging in a cooperative dialogue with the development community to develop a Pay As We Grow plan for that area of the City to effectively manage development and secure the developers' participation in the funding of infrastructure that will benefit the entire northeast quadrant of Franklin County.  This ordinance authorizes the Director of Development to execute an agreement that will affirm the commitments and obligations of the city and the developers based upon this Pay As We Grow Plan in the provision of critical infrastructure in the Northeast Corridor.
 
Fiscal Impact:
 
The agreement establishes developer contributions of $2,300 per unit for a financing program for regional infrastructure needs. The agreement also secures a commitment by the developers to participate in a New Community Authority to help pay for various infrastructure needs and basic city operations such as police and fire services and refuse collection that will benefit the development area.
 
 
 
Title
 
To authorize the Director of Development to enter into an agreement with MI Homes of Central Ohio, LLC, Dominion Homes, Inc., and Homewood Corporation to affirm financing commitments for infrastructure improvements based upon the Pay As We Grow Plan in the Northeast Corridor. ; and to declare an emergency.
 
 
 
Body
 
WHEREAS, in 2003 the City of Columbus became aware of significant development interest in the Northeast Corridor of the City; and
 
WHEREAS, in the spirit of developing the City's "Pay As We Grow" policy, the City responded to that interest by engaging in a cooperative dialogue with the development community to help ensure the coordination of land use and infrastructure development; and
 
WHEREAS, as a result of this dialogue, MI Homes of Central Ohio, LLC, Dominion Homes, Inc. and Homewood Corporation (together, the "Developers") and the City have reached an agreement on a Pay as We Grow plan to provide for critical infrastructure and services that will benefit the entire northeast quadrant of Franklin County; and
WHEREAS, in order to affirm the financing and other commitments for infrastructure improvements and services in the Northeast Corridor, it is necessary and appropriate for the City and the Developers to enter into a binding agreement; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, in that it is immediately necessary to authorize the Director of Development to enter into agreement with MI Homes of Central Ohio, LLC, Dominion Homes, Inc. and Homewood Corporation without delay so that planning and other actions can begin that are necessary to implement the Pay As We Grow plan for the Northeast Corridor 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 Memorandum of Understanding (the "MOU") presently on file with the Clerk of this Council, providing for, among other things, financing commitments by the Developers for the provision of infrastructure improvements and services in the Northeast Corridor, 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 Director of Development (the "Director").  The Director, for and in the name of this City, is hereby authorized to execute the MOU with the Developers in substantially that form along with any changes and amendments thereto, provided that the approval of such changes and amendments thereto by the Director, and the character of those changes and amendments as not being substantially adverse to this City, shall be evidenced conclusively by the Director's execution thereof.  
 
Section 2.      That this Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council or its committees, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Ohio Revised Code Section 121.22.
 
Section 3.      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 passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.