Explanation
BACKGROUND: This ordinance expresses City Council's determination that the petition to create the One Neighborhood New Community Authority complies with the requirements of Chapter 349.03(A) of the Ohio Revised Code and fixes the time and place for a hearing on the establishment of the One Neighborhood New Community Authority.
The One Neighborhood district encompasses portions of nine city blocks located in the Columbus downtown area north of Gay Street, west of Grant Avenue, south of Long Street and east of Fourth Street.
This ordinance is being submitted as an emergency in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code for establishing a community authority.
FISCAL IMPACT: No funding is required for this legislation.
Title
To determine that the petition for the creation of the One Neighborhood New Community Authority complies with the requirements of Section 349.03(A) of the Ohio Revised Code; to fix the time and place for a hearing on the establishment of the One Neighborhood New Community Authority; and to declare an emergency.
Body
WHEREAS, City Council enacted Ordinance No. 0382-2008 on March 17, 2008, directing the City Clerk to execute and sign on behalf of the City of Columbus and the Columbus City Council a petition (the "Petition") for the creation of the One Neighborhood New Community Authority under Chapter 349 of the Ohio Revised Code; and
WHEREAS, the Petition has been signed by the City Clerk to indicate the approval of the Petition by the City of Columbus, the sole "proximate city" as that term is defined in Section 349.01(M) of the Ohio Revised Code; and
WHEREAS, the Petition has been filed in the office of the clerk of the Franklin County Board of Commissioners and the City Clerk's office as required by Section 349.03(A) of the Ohio Revised Code; and
WHEREAS, upon the filing of the Petition, the Columbus City Council, the "organizational board of commissioners" as that term is defined in Section 349.01(F) of the Ohio Revised Code, is required to determine whether that Petition complies with Section 349.03(A) of the Ohio Revised Code as to form and substance; and
WHEREAS, upon the determination of City Council that the Petition is sufficient and has been filed in accordance with Section 349.03(A) of the Ohio Revised Code, City Council is required to fix the time and place of a hearing on the Petition for the establishment of a new community authority, which time shall not be less than thirty (30) days nor more than forty-five (45) days after the filing date of the Petition when all "proximate cities" have signed the Petition; and
WHEREAS, an emergency exists in that the determination of sufficiency for the Petition and the fixing of the hearing date for the establishment of the One Neighborhood New Community Authority must occur immediately in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code and so that the new community authority may proceed to creation expeditiously in order to permit continuation of the construction of improvements on the site and provide financing therefore, all to serve the new community authority and its future residents, said immediate action being in the interest of the City in order to preserve, enhance, and protect public health, peace, property, and safety, now therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. This Council has examined the Petition to create the One Neighborhood New Community Authority and hereby determines that the Petition complies with the requirements of Section 349.03(A) of the Ohio Revised Code as to form and substance.
Section 2. A hearing on the Petition to create the One Neighborhood New Community Authority shall be held commencing at 5:00 p.m. on Monday, May 5, Wednesday, April 30, 2008, in City Council Chambers.
Section 3. The City Clerk shall inform the Clerk of the Franklin County Board of Commissioners of the time and place of that hearing and shall arrange for notice thereof by publication once each week for three consecutive weeks in a newspaper of general circulation in Franklin County pursuant to Section 349.03(A) of the Ohio Revised Code.
Section 4. For the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes this Ordinance.