Explanation
BACKGROUND: This ordinance will authorize the Director of the Department of Development to enter into a Development Agreement with Miracit Development Corporation, Inc. for the residential redevelopment of approximately 10.92 acres of city owned land located on Woodland Avenue in the City of Columbus. The land is the site of the former Woodland Ridge Apartment complex which will be redeveloped by Miracit into approximately 30 single-family homes to be known as Greenview Estates. The development is part of the Columbus Housing Initiatives project for affordable housing and will incorporate environmentally friendly "green building" specifications as well. Under the terms of the proposed agreement, the City will provide by means of a grant to Miracit the land upon which the subdivision is to be constructed together with reimbursement for Miracit's construction of public street, sewer, water, storm water, stormwater detention pond and other capital improvements which will be dedicated to the public use upon completion. Miracit in return will develop and market, in partnership with the BIA, the building lots and require construction to comply with the "green building" and affordability requirements of the program.
Emergency action is requested to enable the bidding process for construction of the public improvements to commence in time for
the approaching construction season.
FISCAL IMPACT: Funds for this project have been identified in the 2005 capital improvements budget.
Title
To authorize the Director of Development to enter into a Development Agreement with Miracit Development Corporation, Inc. for the development of a single-family residential subdivision to be known as Greenview Estates; to authorize the Director of Public Service and the Director of Public Utilities to execute Capital Improvement Project Reimbursement Agreements for a guaranteed maximum sum pursuant to Columbus City Charter Section 186; to authorize the grant by deed to Miracit Development Corporation, Inc. of approximately 10.915 acres of city owned land; to waive the provisions of Columbus City Code Sections 328.01 and 329.29; to authorize the transfer of $8,360 between projects within the Streets and Highways Fund; to appropriate and authorize the expenditure of a sum not to exceed $1,243,082, or so much thereof as is necessary for such purposes; and to declare an emergency. ($1,243,082)
Body
WHEREAS, the City has undertaken the Columbus Housing Initiatives project to provide affordable housing in areas of the City where revitalization and redevelopment are needed, and where the availability of adequate housing opportunities are underserved by traditional market environment; and,
WHEREAS, technology in the residential construction industry has evolved to make available the use of more environmentally friendly "green building" products and practices; and,
WHEREAS, the City Council deems it necessary and advisable to support the development and construction of adequate affordable housing which incorporate energy efficient and other environmentally friendly products and practices to further improve the economic and general well being of the people of the city; and,
WHEREAS, Ohio Constitution Article VIII, Section 16 has specifically determined that it is in the public interest and a proper public purpose for the City directly, or through an instrumentality, to provide, or assist in providing, by grants, loans, subsidies or subsidies to loans, housing in the City for individuals and families, by the acquisition, financing, construction, or improvement of publicly or privately owned housing; and,
WHEREAS, Ohio Revised Code section 133.51 expressly authorizes municipal corporations to issue or incur public obligations including general obligations, to provide, or assist in providing housing pursuant to Section 16 of Article VIII, Ohio Constitution; and,
WHEREAS, pursuant to Ohio Revised Code section 176.04, in implementing its authority under Article VIII, Section 16 of the Ohio Constitution the City did present to the Housing Advisory Board a plan for providing financial assistance to such housing initiatives, and the Housing Advisory Board has indicated its support; and,
WHEREAS, an emergency exists in the usual daily operations of the City in that it is immediately necessary to finalize plans and specifications, bid and award contracts for construction of such improvements in time for the approaching construction season, and for the further preservation of the public health, safety, and welfare; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Development be, and he is hereby, authorized to enter into an agreement with Miracit Development Corporation, Inc. for the development of a single-family residential subdivision to be known as Greenview Estates, and which shall be situated upon approximately 10.915 acres of city owned land located on Woodland Avenue in the City of Columbus.
Section 2. The Director of Public Service is hereby authorized, pursuant to the Development Agreement which is authorized in Section 1 hereinabove, to execute a reimbursement agreement with Miracit Development Corporation, Inc. for costs and expenses incurred in the construction of certain capital improvements set forth in the Development Agreement for a guaranteed maximum not to exceed the sum of Three Hundred Ninety Thousand Dollars and 00/100 ($390,000.00) pursuant to Columbus City Charter section 186 and upon such terms and conditions as are satisfactory to the Director of the Department of Development.
Section 3. The Director of Public Utilities is hereby authorized, pursuant to the Development Agreement which is authorized in Section 1 hereinabove, to execute a reimbursement agreement with Miracit Development Corporation, Inc. for costs and expenses incurred in the construction of certain capital improvements set forth in the Development Agreement for a guaranteed maximum not to exceed the sum of Eight Hundred Fifty Three Thousand Eighty Two Dollars and 00/100 ($853,082.00)-pursuant to Columbus City Charter section 186 and upon such terms and conditions as are satisfactory to the Director of the Department of Development.
Section 4. The Director of the Department of Finance and Management is hereby authorized to grant to Miracit Development Corporation, Inc., as partial consideration for the obligations and covenants in the development of Greenview Estates and the houses to be constructed thereon, by deed all right, title, and interest of the City in and to approximately 10.915 acres of land, located on Woodland Avenue in the City of Columbus, and being Franklin County Tax Parcel Number 010-108776, as the same are described in O.R. Volume 34505, Pg. I-05 of the records of the Recorder of Franklin County, Ohio upon such terms and conditions in furtherance of the purposes of the Development Agreement and as are satisfactory to the Development Director, Director of the Department of Finance and Management and the City Attorney.
Section 5. That the provisions of Columbus City Code Sections 328.01 and 329.29 are hereby waived.
Section 6. That the transfer of $8,360.00 within the Voted 95, Voted 99, Voted 04 Streets and Highways Fund , Fund 704, is hereby authorized as follows:
FROM:
Project Project Name OCA Code Amount
530303 Columbus Housing Initiative 644385 $8,360.00
TO:
Project Project Name OCA Code Amount
530302 Affordable Housing 644385 $8,360.00
Section 7. That the sum of Three Hundred Ninety Thousand Dollars and 00/100 ($390,000.00) or so much thereof as is necessary for the reimbursement of Miracit Development Corporation, Inc. for the costs of constructing the infrastructure improvements to be located in the public right of way is hereby appropriated and authorized to be expended for such purposes from Voted 95, Voted 99, Voted 04 Streets and Highways Fund, Transportation Division, Department No. 59-09, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385, and Project No. 530302.
Section 8. That the sum of Eight Hundred Fifty Three Thousand Eighty Two Dollars and 00/100 ($853,082.00), or so much thereof as is necessary to pay, or reimburse Miracit Development Corporation, Inc., storm water retention and other necessary infrastructure improvements related to the development is hereby appropriated and authorized to be expended for such purposes from Fund 685, Department No.60-15, Object Level Three Code 6621, OCA Code 685704, and Project No. 610704.
Section 9. That for the reasons stated in the preamble, which are hereby incorporated herein and made a part hereof, this ordinance is hereby deemed to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare which shall take effect and be in force from and immediately upon its passage and signature by the Mayor, or ten (10) days thereafter if Mayor neither signs nor vetoes the same.