Explanation
BACKGROUND:
The Petition for Organization of a New Community Authority (the “Petition”) under R.C. Chapter 349 was filed with the Clerk of City Council on July 27, 2007 by M/I Homes of Central Ohio, LLC, Dominion Homes, Inc., The Falls at Hayden Run, Ltd., West Leppert Investments, LLC, Hayden Run Commercial Developers, LLC, and Hayden’s Reserve L.P. (collectively, the “Developers”). Ordinance No. 0943-2007 passed by City Council on June 18, 2007 authorized the City Clerk to sign such Petition to approve the City being the “proximate city” under R.C. Section 349.01(M). City Council determined the Petition to be sufficient as well as fixed a time and place for the public hearing on the Petition pursuant to Ordinance No. 0980-2007 passed on June 25, 2007, as ratified by Ordinance No. 1182-2007 passed on July 30, 2007. Following the public hearing on September 10, 2007, City Council then passed Ordinance No. 1374-2007, on the same day thereof, to establish the Hayden Run Community Development Authority (the “Authority”) as a body politic and corporate, to establish the Authority’s new community district, and to appoint the first three citizen members and first local government representative to the board of trustees of the Authority (the “Trustees”).
Those initial Trustees have been subsequently replaced with new appointments by the processes provided in R.C. Section 349.04 and then by the procedures established by City Council pursuant to Ordinance No. 1515-2011 passed on September 26, 2011. The Developers were responsible for appointing three of the original members of the Trustees, and they were to be replaced pursuant to the procedures in R.C. Section 349.04 and Ordinance No. 1515-2011. R.C. Section 349.04 also authorizes City Council, as the organizational board of commissioners for all purposes of the Petition, to adopt an alternative method of selecting successor Trustees. The purpose of this resolution is to repeal Ordinance No. 1515-2011 to te...
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