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File #: 0134X-2023    Version:
Type: Resolution Status: Passed
File created: 7/7/2023 In control: Economic Development Committee
On agenda: 7/24/2023 Final action: 7/26/2023
Title: To amend the Petition for Organization of a New Community Authority to update the map and legal description of the new community district; to declare that the establishment of the NM Mixed-Use Project New Community Authority (the “Authority”) will be conducive to the public safety, convenience, and welfare, and is intended to result in the development of a new community; to define the boundaries of the Authority’s new community district consistent with the amendment to the petition; to declare that the Authority be organized as a body politic and corporate within the new community district along with its associated board of trustees; to make the initial nine appointments to the Authority’s board of trustees and to fix surety for their bonds; to certify compliance of the requirements of the public hearing; and to post notice of the Authority's creation in the City Bulletin.
Attachments: 1. Exhibit A map and legal description, 2. Exhibit A - NMMUP NCA Map and Legal Description AMENDED, 3. Exhibit B NMMUP NCA Certification of Public Hearing, 4. Exhibit C - Amended NMMUP NCA Petition
Explanation
BACKGROUND: The City owns Franklin County Tax ID Parcel Nos. 010-054645 (the “NMDA Parcel”) and 010-307276 (the “Project Site”). North Market Development Authority, Inc. (“NMDA”) leases and operates a public market in a former warehouse (the “North Market”) on the NMDA Parcel. The City selected NM Developer LLC (the “Developer”) from a request for proposals to redevelop the Project Site with a now 32-story mixed use tower as well as public parking spaces, an expansion of the North Market, and a public atrium, patio, and plaza. Pursuant to Ordinance No. 1993-2019 passed July 22, 2019, the City entered into the Economic Development Agreement dated September 11, 2019 with the NMDA and the Developer (as to be amended by the First Amended and Restated Economic Development Agreement being submitted for City Council consideration of even date herewith), which contemplated the creation of a new community authority for the Project Site under Ohio Revised Code (“R.C.”) Chapter 349.

With the Cconsent of the Developer and City Council, the City, as the property owner and statutory “developer” as defined by R.C. Section 349.01(E), submitted to the Clerk of City Council a Petition for Organization of a New Community Authority (the “Petition”) on October 28, 2022. City Council, as the organizational board of commissioners under R.C. Section 349.01(F), adopted Resolution No. 0220X-2022 on November 16, 2022 to determine the sufficiency of the Petition and set a public hearing date on the Petition, which was held November 30, 2022. R.C. Section 349.03(A) permits City Council, as the organizational board of commissioners, at any time to amend the Petition in form and substance to conform to the facts by correcting any errors in the description of the proposed new community district or in any other particular. This resolution will (among other things) (i) amend the Petition and repeal and replace the map and legal description of the new community district, attached as E...

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