Explanation
BACKGROUND: The Board of Trustees of Plain Township, the Council of the Village of New Albany and the City of Columbus (the "Parties,"), entered into an Annexation Agreement (the "Agreement") pursuant to Section 709.192 of the Ohio Revised Code on or as of February 26, 2008. The Agreement provides, in part, coordinated development and annexation objectives within the territories to which the Agreement pertains (the "Agreement Territory"). The Agreement further provides, in part, that the boundaries of properties which have been or will be annexed to the City from the area within the Agreement Territory designated as the City Growth Zone West will be conformed. The Parties desire to clarify the Agreement Territory, as it relates to the area designated City Growth Zone West, in order to ensure that pursuant to and in accordance with Section 6.4 of the Agreement, the City shall conform its boundaries in order to exclude the Township from any land or lands which have previously been or may be annexed to the City within the City Growth Zone West. The Parties consider that the best way to modify the Agreement to accomplish the aforementioned goals and objectives is to execute the attached First Amendment to the Agreement.
Emergency action is requested in order to clarify the authority and responsibility of the City to conform boundaries in the designated area.
FISCAL IMPACT: No funding is required for this legislation.
Title
To authorize the Director of Development to enter into, on behalf of the City of Columbus, a First Amendment to the Metro Park Annexation Agreement with Plain Township and the Village of New Albany; and to declare an emergency.
Body
WHEREAS, the Board of Trustees of Plain Township (the "Township"), the Council of the Village of New Albany (the "Village") and the City of Columbus (the "City"), collectively the "Parties" and each a "Party," entered into an Annexation Agreement (the "Agreement") pursuant to Section 709.192 of the Ohio Revised Code on or as of February 26, 2008; and
WHEREAS, the Agreement provides, in part, coordinated development and annexation objectives within the territories to which the Agreement pertains (the "Agreement Territory"); and
WHEREAS, the Agreement further provides, in part, that the boundaries of properties which have been or will be annexed to the City from the area within the Agreement Territory designated as the City Growth Zone West will be conformed; and
WHEREAS, the Parties desire to clarify the Agreement Territory, as it relates to the area designated City Growth Zone West, in order to ensure that pursuant to and in accordance with Section 6.4 of the Agreement, the City shall conform its boundaries in order to exclude the Township from any land or lands which have previously been or may be annexed to the City within the City Growth Zone West; and
WHEREAS, the Parties consider that the best way to modify the Agreement to accomplish the aforementioned goals and objectives is to execute the attached First Amendment to the Agreement (the "First Amendment"); and
WHEREAS, an emergency exists in that it is immediately necessary to authorize the Director of Development to enter into the aforementioned First Amendment in order to clarify the authority and responsibility of the City to conform boundaries in the designated area, 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. That the Director of Development be and hereby is authorized to enter into on behalf of the City of Columbus the First Amendment to the Annexation Agreement with Plain Township and the Village of New Albany, in the form on file with the City Clerk or in a form substantially consistent with that form and not adverse to the interests of the City, for the purpose of clarifying City authority and responsibilities with respect to conforming boundaries within City Growth Zone West.
Section 2. 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 of by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes this Ordinance.