Explanation
BACKGROUND: This ordinance expresses City Council's determination that the petition to create a proposed new community district to be governed by the One Neighborhood New Community Authority will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community. This ordinance also declares the One Neighborhood New Community Authority to be organized and a body politic and corporate, designates the name of the new community authority and defines the boundary of the new community district.
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 make a finding that the proposed new community district to be governed by the One Neighborhood New Community Authority will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community; to declare the One Neighborhood New Community Authority to be organized and a body politic and corporate; to designate the name of the new community authority; to define the boundary of the new community district; and to declare an emergency.
Body
WHEREAS, pursuant to Chapter 349 of the Ohio Revised Code, a petition (the "Petition") for the establishment of the One Neighborhood New Community Authority (the "ONNCA") to govern One Neighborhood New Community District (the "District") was filed with the office of the Clerk of the Columbus City Council prior to the date hereof; 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 Chapter 349 of the Ohio Revised Code; and
WHEREAS, the "organizational board of commissioners," as that term is defined in Section 349.01(F) of the Ohio Revised Code, for the proposed ONNCA is comprised solely of the Columbus City Council; and
WHEREAS, City Council enacted Ordinance No. 0382-2008 on March 17, 2008, which ordinance directed the City Clerk to execute and sign the Petition on behalf of the City of Columbus and the Columbus City Council; and
WHEREAS, City Council enacted Ordinance No. 0595-2008 on April 14, 2008, which ordinance determined that the Petition complies with the requirements of Chapter 349.03(A) of the Ohio Revised Code and fixed the time and place for a hearing on the establishment of the ONNCA; and
WHEREAS, pursuant to Section 349.03(A) of the Ohio Revised Code, the Columbus City Council, as the organizational board of commissioners, held a public hearing on the Petition on May 5, 2008, after public notice was duly published in accordance with Section 349.03 of the Ohio Revised Code; and
WHEREAS, an emergency exists in that the formation of the ONNCA 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 finds and determines that the District 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 Section 349.01(A) of the Ohio Revised Code.
Section 2. The Petition is hereby accepted and shall be recorded, along with this resolution, in the journal of the Columbus City Council, as the organizational board of commissioners, and in the journal of the Board of County Commissioners of Franklin County, pursuant to Section 349.03(A) of the Ohio Revised Code.
Section 3. The ONNCA is hereby organized and a body politic and corporate.
Section 4. The corporate name of the ONNCA shall be the "One Neighborhood New Community Authority."
Section 5. The ONNCA shall be defined to have the boundary set forth in the Petition.
Section 6. 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 the same.