Explanation
Background: This Council passed Ordinance 2298-2012 on November 5, 2012, authorizing the City Clerk to execute the Second Amendment to Petition for Organization of a New Community Authority for One Neighborhood New Community Authority on behalf of the City of Columbus as the sole "proximate city" within the meaning of Section 349.01(M) of the Ohio Revised Code, and determining that the Second Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code. This ordinance expresses City Council's approval of the Second Amendment and its determination that the addition of property to the new community district as set forth in that Second Amendment will be conducive to the public health, safety, convenience and welfare, and will be consistent with the development of the new community, and will not jeopardize the plan of the new community, all as permitted by Section 349.03 of the Ohio Revised Code.
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 approving an amendment to a petition for organization of a new community authority.
Fiscal Impact: No City funding is required for this legislation.
Title
To approve the Second Amendment to Petition for Organization of a New Community Authority for One Neighborhood New Community Authority and make related findings; and to declare an emergency.
Body
WHEREAS, this Council enacted Ordinance 2298-2012 on November 5 , 2012, directing the City Clerk to execute the Second Amendment to Petition for Organization of a New Community Authority for One Neighborhood New Community Authority (the "Second Amendment") on behalf of the City of Columbus (the "City") pursuant to Chapter 349 of the Ohio Revised Code, and that Second Amendment was signed by the City Clerk to indicate the approval of the Second Amendment by the City as the sole "proximate city" as that term is defined in Section 349.01(M) of the Ohio Revised Code; and
WHEREAS, the Second Amendment was filed in the office of the Clerk of the Franklin County Board of Commissioners and in the office of the City Clerk as required by Section 349.03 of the Ohio Revised Code; and
WHEREAS, pursuant to that Ordinance 2298-2012, this Council, as the "organizational board of commissioners" as that term is defined in Section 349.01(F) of the Ohio Revised Code, determined that the Second Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code and fixed the time and place for a hearing on that Second Amendment; and
WHEREAS, this Council, as the organizational board of commissioners, held a hearing on the Second Amendment on November 19, 2012, after public notice was duly published in accordance with Section 349.03 of the Ohio Revised Code; and
WHEREAS, an emergency exists in that it is immediately necessary to approve the Second Amendment and make related findings in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code and to facilitate the development of the real property within the Authority's new community district, such immediate action being necessary for the preservation of the public health, peace, property and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. This Council finds and determines pursuant to Section 349.03 of the Ohio Revised Code that the addition of the Subject Property to the District, each as defined in the Second Amendment, will be conducive to the public health, safety, convenience and welfare, and will be consistent with the development of the new community, and will not jeopardize the plan of the new community.
Section 2. The Second Amendment is hereby accepted and shall be recorded, along with this Ordinance, in the journal of this Council, as the organizational board of commissioners, and in the journal of the Franklin County Board of Commissioners pursuant to Section 349.03 of the Ohio Revised Code.
Section 3. For the reasons stated in the Preamble hereto, which is hereby made a part hereof, this Ordinance is hereby 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 the passage if the Mayor neither approves nor vetoes the same.