Explanation
Background: Perry Street, LLC and the City have entered into an Economic Development Agreement for its Harrison Market project that will redevelop property located south of Fifth Avenue and the Battelle campus. The City committed in the Economic Development Agreement to form a new community authority pursuant to ORC Chapter 349 to support that redevelopment. On April 20, 2018, a Petition for the Organization of the Harrison Market Community Authority was submitted to City Council. City Council, by Resolution No. 0153X-2018, passed May 21, 2018, determined the sufficiency of the Petition and set a public hearing date on the Petition, which was held on May 29, 2018. This resolution officially creates the proposed new community authority and makes the City’s initial appointments to the authority’s board of trustees.
Emergency Justification: Emergency action is requested in order to facilitate the development of this project in a timely manner.
Fiscal Impact: No funding is required for this legislation.
Title
To declare the Harrison Market Community Authority to be organized and a body politic and corporate; to define the boundary of the Authority’s new community district; to provide the method of selecting the board of trustees of the Authority and fix the surety for their bonds; and to declare an emergency.
Body
WHEREAS, Perry Street, LLC (the “Developer”) and the City have entered into an Economic Development Agreement for the redevelopment of an approximately 21-acre site located south of Fifth Avenue and the Battelle campus as a mixed use commercial and residential development consisting of approximately 311 multi-family rental residential units, 32 single-family townhomes, 42 single-family residential homes, a 128 room hotel, retail/restaurant space, surface parking and a structured parking garage with at least 350 parking spaces, public park and open space amenities, and roadway and utilities improvements; and
WHEREAS, a Petition for the Organization of the Harrison Market Community Authority (the “Authority”) under ORC Chapter 349 (the “Petition”) has been submitted to this Council; and
WHEREAS, the Authority’s new community district, as described in the Petition, is located entirely within the municipal corporate boundaries of the City, and this Council, as the legislative authority of the City, is therefore the organizational board of commissioners for purposes of the Petition; and
WHEREAS, on May 21, 2018, this Council adopted its Resolution No. 0153X-2018, in which this Council resolution determined that the Petition is sufficient and complies with the requirements of ORC Section 349.03 in form and substance; and
WHEREAS, this Council held a public hearing on the Petition on May 29, 2018, notice of which was published as required in ORC Section 349.03, and the date of which hearing is not more than thirty nor more than forty-five days after the filing date of the Petition; and
WHEREAS, this Council has determined that the Petition will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to organize the Authority in order to facilitate the redevelopment of this project site and for the preservation of the public health, peace, property, safety, and welfare; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Petition is hereby accepted and shall be recorded, along with this resolution, in the journal of this Council as the organizational board of commissioners for the purpose of Revised Code Chapter 349. Council hereby determines that the Authority and its new community district, as defined in ORC Section 349.01(C), will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community, as defined in ORC Section 349.01(A). The Authority is hereby organized as a body politic and corporate with the corporate name designated in the Petition (such name being the “Harrison Market Community Authority”), and the boundaries of the Authority’s new community district are as set forth in the Petition.
Section 2. That the Board of Trustees of the Authority shall be comprised of seven (7) members selected and appointed as provided in the Petition. There shall be posted for each member of the Board of Trustees a bond in the amount of $10,000 for the faithful performance of his or her duties. The bond shall be with a company authorized to conduct business within the State of Ohio as a surety. The initial appointees of the City to the Board of Trustees shall be as follows:
(i) Zack Nelson is hereby appointed, as a citizen member, to a one-year term, such term beginning on the effective date of this resolution and expiring on October 22, 2019;
(ii) Tim Price is hereby appointed, as a citizen member, to a one-year term, such term beginning on the effective date of this resolution and expiring on October 22, 2019; and
(iii) Patrick Jarvis is hereby appointed, as a citizen member, to a two-year term, such term beginning on the effective date of this resolution and expiring on October 22, 2020; and
(iv) Mark Lundine is hereby appointed, as a member to serve as a representative of local government, to a two-year term, such term beginning on the effective date of this resolution and expiring on October 22, 2020.
This Council hereby adopts an alternative form of selecting successor members pursuant to ORC Section 349.04 and declares that replacement trustees shall be appointed from time to time by this Council and the Developer in the same manner as the initial appointments. No elections shall be held for successor trustees.
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is hereby declared an emergency measure and shall take effect and be in force from and immediately after its passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.